f V Vf ,' ,-.''^f 4., f"'i-^>-v,. *«-■ >^v:i '*N, ■ ''\ hr^- ■rN:>^ :%#^4 4 ■'**f' >/■*-''*>,'' ; ,« ^V.' 4 k Bull. 24. Biological Survey, U. S. Dept of Agriculture PLATE JULruS BJEN aCO.UTH.N Y. Ruffed Grouse (Bonasa umbellus) U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 24 C. HART MERRIAM, VhieJ THE GROUSE AND WILD TURKEYS OF THE UNITED STATES, AND THEIR ECONOMIC VALUE BY tlBI^ARY NEW YORK BOTANICAL GARDEN. SYLVESTER T). JIJDD ASSISTANT, }iIOLOGIfAL SURVEY WAsiiiNcrroN GOVERNMENT PRINTING OFFICE 1905 LETTER OF TRANSMITTAL U. S. Department of Agriculture, Biological Survey, Washington^ D. C.^ July 15^ 1905. Sir: I have the honor to transmit for publication as Bulletin 24 of the Biological Survey a report on the Grouse and Wild Turkeys of the United States, by Sylvester D. Judd. From the earliest set- tlement of the country to the present time these game birds have been of great economic consequence. Their value as food was early rec- ognized, and they played an important role by furnishing the pio- neers with no small part of their fare. A\lien found by the Span- iards domesticated among the Indians of Mexico, the importance of the turkey was at once perceived, and the bird was soon carried all over the world. It is only in comparatively recent times, how- ever, that the economic value of grouse and turkeys as insect de- stroyers has been recognized. The results of the present investi- gations should lead to a wider knowledge of the essential part these birds play in checking the increase of noxious weeds and insects and the importance of preserving them and of increasing their numbers. Respectfully, C. Hart Merriam, Chiefs Biological Survey. Hon. James Wilson, Secretary of Agriculture. CONTENTS Page. Introduction ' The prairie hen ( Tympanuchus americanus) - - 10 Preservation and propagation H Food habits - — ^^ Insect food - - - ■ 1^ Vegetable food - 15 Food of the young - - 18 The heath hen ( T}^m2xtnuchns cupido) - - . 18 The lesser prairie hen ( Tympanuchus pallidicinctus) - - 19 The sharp-tailed grouse (Pedioicetes phasianellus) 20 Food habits . . ^1 Insect food - 21 Vegetable food - 22 ^The sage grouse ( Centrocer00. 1835. 6 Forest and Stream. XXXV, p. 188, 1890. 20 GROUSE AND WILD TUEKEYS OF UNITED STATES. 15 to 20, but, according to the people of that section, the prairie hens gather in flocks of hundreds in the late fall. At this season they are destructive to unthreshed wheat and oats, tearing off the surface of the stacks. In winter they visit cattle pens and corrals in search of food. During severe winters they are sometimes so numerous that they become a nuisance. Some idea may be had of their abundance during winter from the information secured by Oberholser that one man shipped 20,000 of them from this section in a single season. THE SHARP-TAILED GROUSE. {Pedioscetes phasianeUus.)^ The sharp-tailed grouse is about the same size and has the general appearance of the prairie hen. Its range is wide, extending from Lake Michigan to northeastern California, and from northeastern Xew Mexico to Alaska. In the northern part of the Mississippi Valley its range overlaps that of the prairie hen, and mixed flocks are sometimes seen, but the ' spike tail ' is seldom found in such large num- bers as that species. It shows also much less adaptability to changed conditions and disappears more rapidly after the subjection of its range to agriculture. In regard to its curious courtship, Professor Macoun writes of the Columbian sharp-tailed grouse : ^ The males collect in large nuiubers on some hill about the end of April or beginning of May to have their annual dance, which they keep up for a month or six weeks. It is almost impossible to drive them away from one of their hills when they are dancing. One day about the middle of May. I shot into a dancing party, killing two. and wounding another, which flew a short distance. I went to get it, and before I got back to pick up the dead birds, the others were back dancing around them. About a dozen eggs generally make a clutch, and but one brood is reared in a season. The eggs vary from buff to olive-brown and are usuall}^ lightly spotted with brown. From two to three months after hatching, the young are full grown and afford quite as good if not better sport than the prairie hen. They lie well to the dog and usually rise with a noisy, clucking cry ; after a short distance the flight changes to an alternation of rapid vibrations of the wings and gliding or sailing on stiffly outspread pinions. The flesh o^ the young, like that of young prairie hens, is a The sharp-tailed grouse varies in different parts of its range, and has been divided into two geographic forms in addition to the typical bird. These are the Columbian sharp-tailed grouse {Pedicccetcs ijha.siuiieUiis co?(/«/&/a»MS), occupying the western part of the bird's range in the United States, and the prairie sharp- tailed grouse (Pedioccetes j)haslaiieUus campcstris) which covers the plains east of the Rocky Mountains. 6 Cat. Can. Birds, pt. 1, p. 212, 1900. SHARP-TAILED GROUSE. 21 light colored and deliciously flavored. After the birds begin to pack they afford little sport to the hunter. The sharp-tailed grouse are partly migra4^ory. In winter they take refuge in the highest trees, walking among the branches almost as nimbly as the ruffed grouse. Like the latter, the present species has a habit of plunging into the snow to spend the wintry night. It has many natural enemies in the winter, and in summer the golden eagle has been known to feed its young very largely upon its flesh. Its struggle for existence is unusually severe. Wherever it abounds, in accessible districts, it is j^ursued relentlessly by the sportsman ; but where diminished to a certain point, as on its western and northern ranges, hunting it is largely abandoned. Probably some decades will pass, therefore, before it will be in danger of total extinction. As it does not readily accept civilization, it is not likely to become a popular bird in our growing game preserves, which each year become of greater economic importance. FOOD HABITS. The food habits of the sharp-tailed grouse have been studied in connection with the present paper by the examination of 43 stomachs. These were collected in every month of the year except January and March ; most of them in Nebraska and the Northwest Territories, but some in Minnesota, North Dakota, and Manitoba. The investigations showed that animal matter (insects) formed only 10.10 per cent of the food, while vegetable matter (seeds, fruit, and ' browse ') made 89.81 percent. If subsequent study jjroves that these figures apply generally to the species, the sharp-tailed grouse is to be classed among the birds most largely vegetarian. INSECT FOOD. The insect matter consists of bugs, 0.50 percent; grasshopj^ers, 4.G2 percent; beetles, 2.8G percent, and miscellaneous insects, 2.21 percent in a total of 10.19 jiercent of the food. Venion Bailey, of the Biological Survey, found that three birds shot by him in Idaho August 29 had eaten chiefly insects, including grasshoppers, small bugs, and small caterpillars. Baird, Brewer, and Ridgway state that the Columbian sharp-tailed grouse has been known to feed on caterpillars and other insects that have been scorched by prairie fires." The young of the sharp-tailed grouse, like those of other gallina- ceous species, are highly insectivorous. A downy chick from 1 to 3 days old, collected on June 27, in Manitoba, by P^rnest Thompson Seton, had eaten 95 percent of insects and 5 percent of wild straw- « Hist. N. A. Birds, Land Birds, III, p. 4.30, 1874. 22 GROUSE AND WILD TURKEYS OF UNITED STATES. berries. The insect material consisted of a lepidopterous chrysalis and the remains of beetles and black ants {Camponotus pennsyl- canicus.). Another vonnsf bird, about 8 davs old, taken bv the same collector, had been exclusively insectivorous. It had eaten such beetles as weevils, ground beetles {HarpaJus herbivagus), the lady- bird {Anisosticta seriata), and the click beetle {Dolopius latcraJh), also 2 cutworms, 9 sawfly larvae, such leaf hoppers as Tettegonia sp. and Helochara communis^ and 1 leaf spider. The sharp-tailed grouse is fond of grasshoppers. Vernon Bailey shot 3 birds at Elk River. Alinn., September 17, 1894, which had eaten, resj)ectively, 7, 23, and 31 grasshopi^ers. The species is a destroyer also of the Rocky Moun- tain locust. Of 9 birds collected by Professor Aughey from May to October, inclusive, 6 had eaten 17-4 of these pests." The bird eats also a few crickets and. like other gallinaceous game birds, devours the Colorado potato beetle {Leptinotarsa decemlineata) . It has been known to feed on the bugs Oncovietopki lateralis and Oncometopia costalis. The lack of sufficient material to determine exactly the bird's relation to insects is to be regretted. 1)ut enough is at hand to demonstrate the fact that its insect food is much like that of its relatives. VEGETABLE FOOD. The vegetable food of the sharp-tailed grouse, so far as ascertained in the laboratory, comprises weed seeds, 7.39 percent; grain, 20.50 percent ; fruit, 27.68 percent ; leaves, buds, and flowers, 31.07 percent, and miscellaneous vegetable food, 3.06 percent ; making a total of 89.81 percent. The weed-seed element consists of the seeds of black bindweed {Polygonum convolinilv's) and other polygonums, wild sunflower {Helianthus sp.), ragweed (Amhrosia arfemisice folia), peppergrass {Lepidium) . blue-eyed grass, sedge, and catchfly {Silene antirrliina). The seeds of a number of leguminous plants are eaten, including those of alfalfa. Like many other game birds, the species feeds on mast (largely acorns), including acorns of the scarlet oak [Quercus coccinea). Corn is eaten, but wheat is the favorite grain. It formed 17.21 percent of the foQd. A thousand kernels of wheat were sometimes found in one stomach. The sharp-tailed grouse is a great browser. It makes 31.07 percent of its food of leaves, buds, and flowers. Ernest Thompson Seton found it eating the buds of willow and birch. It feeds on the leaves of Cottonwood, alder, blueberry, juniper, and larch; also leaves of quillwort {Isoetes), vetch, dandelion, grass, and rush {Juncus). Hearne says that in winter it eats the to])s of the dwarf birch and the buds of poplars. Flowers form 19.90 percent of its diet, the species o First Rep. U. S. Entom. Comm., Append. II, p. 47, 1877 (1878). SAGE GROUSE. 23 leading all other birds in this respect. A half pint of the showy, bluish blossoms of the pasqiie flower {Pulsatilla hirsutissirna) which brightens the western prairie are often taken at a meal, and those of the dandelion also are eaten. Inflorescence of grasses, alder, willow, maple, and canoe birch are plucked along with leaf buds. Like the prairie hen and the ruffed grouse, the sharp-tailed grouse is frugivorous, and fruit forms 27.68 percent of its diet. Hips of wild rose alone form 17.38 percent. Ernest Thompson Seton, wdio examined hundreds of stomachs of the sharp-tailed grouse, says that he can not recollect an instance in which they did not contain the stony seeds of the wild rose {Rosa hlanda [?]).* The Biological Sur- A'ey has found rose seeds in many of the stomachs examined, but in numerous instances it has recorded their absence. The fruit of both l^rairie rose and the sweetbrier {Rosa rulnginosa) are eaten. Mr. Seton states that in places in Manitoba where he has collected dur- ing the winter, gravel to pulverize the food is not to be had, and the stony rose seeds act in its stead. Rose hips appear difficult to digest, and, furthermore, are sometimes thickly set with bristles that would irri- tate the human stomach, but appear to cause no inconvenience to the grouse. The persistent bright -colored hips are readily seen above the snow, and they are a boon to the birds in wintry northern regions, where the struggle for existence is bitter. Other plants of the rose family furnish food for the sharp-tailed grouse, such as the thorn apple {CraUegus sp.), the wild strawberry, and the wild black cherry {Prunus serotina). It feeds on blueberries and cranberries and on the snowberry {Sijmphoricarpiis racemosus), various species of manza- nita, bearberry {Arctostaphylos uva-ursi), buffalo berry {Lepargijrea argentea), juniper berries, huckleberries, and arbutus berries. It takes also the partridge berry {Mitchella repens), a favorite with the ruffed grouse. Like many other species, it eats wnth relish the fruit of cornel {Cornus stolonifera) and poison ivy (both Rhus radlcans iind Rhus diversiloha). THE SAGE GROUSE. {Centrocercus urophasianus.) With the exception of the wild turkey, the sage grouse is our largest game fowl. It is a fine-looking bird, with gray back, black breast, and long tail, and attains a maxinunn weight of 8 pounds. It breeds on the sagebrush plains of the Upper Sonoran and Transition zones, from the east slope of the Sierra Nevada and Cascade mountains in Nevada, California, and British Columbia, east to Assiniboia, Dakota, Nebraska, and Colorado. At mating time the cock inflates the sacs arroe. U. S. Nat. Mus. XIII, p. 519, 1890 (1891). 24 GROUSE AND WILD TUEKEYS OF UNITED STATES. on the sides of his neck until they look like small oranges, and then goes through a droll performance, throwing himself forward on his Ijreast and plowing along the ground until the breast feathers are almost completely worn away. The hen is captivated by these grotesque antics, and in due time chooses a mate and nests in a small depression in the ground under the shelter of a bush, where she lays about ten olive-buff eggs with chocolate markings. The cock leaves her before incubation begins, and in about three weeks the chicks are out. 'A young covey roosts in a circle on the ground, bobwhite- fashion. In winter, coveys unite in ]Dacks which sometimes number a hundred or more. FOOD HABITS. The feeding habits of the sage grouse are peculiar, and its organs of digestion are unlike those of other grouse. The stomach is not differentiated into a powerful grinding gizzard, but is a thin. weak, membranous bag, resembling the stomach of a raptorial bird. Such an organ is evidently designed for the digestion of soft food, and we find that the bulk of the sage grouse's diet consists of leaves and tender shoots. A stomach collected September 7. 1890, in Idaho, by Dr. C. Hart Merriam. contained leaves of sage and other plants, seeds, and a ladybird beetle (CoccineUiche). Four birds shot in Wyoming during ]May and September by Vernon Bailey had gorged themselves with the leaves of sagebrush {Artemisia tndentata). This and other sages, including ^1. cana and A. frigida^ furnish the bulk of the food of the sage grouse. Other food is taken, but it is comparatively insignificant. B. H. Dutcher. formerly of the Bio- logical Survey, examined a stomach which, besides sagebrush leaves, contained seeds, flowers, buds of Rhus trilohata., and ants and grass- hoppers. Three birds collected by Vernon Bailey on September 5, in AVyoming. had varied their sagebrush fare with ladybird *l)eetles, ground beetles {C a rah id (i^). fly larvae, ants, moths, gi-asshoppers {MeJanoplus sp.), and the leaves of asters and yarrow. Of two birds killed in May, one had fed wholly on the leaves of sagebrush {Arte- misia tridentata), while the other in addition had taken insect galls from sagebrush and the flowers and flower buds of a phlox {Phlox douglasii), together with some undetermined seed capsules, pieces of moss, and several ants. A third bird, killed in July, had eaten a few plant stems and numerous grasshoppers. Major Bendire writes that the diet of the sage grouse includes gTass spikes, the tops of leguminous plants, including blossoms and pods of vetch {Yicia) and astragalus; also, that the bird eats golden- rod, and will go far to get a morning feed of wheat. He notes that also berries, grasshoppers, and crickets {Anahrus simplex) are eaten." "Life Hist. N. A. Birds, [I], pp. 107-108, 1892. Bull. 24, Biological Survey U. S. Dept, of Agriculture. Plate II. I If^' 3 J' #• m ::afe??^^=^^fe-- '^}liH^ - RUFFED GROUSE. 25 Sage grouse have been known to eat rose hij^s, greasewood leaves, and the buds and foliage of the pulpy-leaved thorn." The young, of course, are more highly insectivorous than their parents. A half-grown bird shot by Vernon Bailey had eaten, in addition to vegetable food, some 300 ants. Much remains to be learned about the diet of the sage grouse, but enough is know^i to show that the bird lives principally on sage- brush, and does no harm to agriculture. The value of the flesh as food has been much discussed, but the general opinion is that when the birds have not been feeding much upon sage the flesh is excellent. A long-continued diet of sagebrush imparts to it a bitter, sagy flavor. Hon. Theodore Roosevelt says : * However, I killed plenty of prairie chickens and sage hens for the pot, and as the sage hens were still feeding largely upon crickets and grasshoppers, and not exclusively on sage, they were just as good eating as the prairie chickens. Sage grouse should be drawn as soon as they are killed, to prevent the food in the stomach and intestines from tainting the flesh. The sage grouse is of very gentle disposition, and probably would thrive in captivity. Should it be domesticated, its size would make it a most valuable fowl. E. S. Cameron, of Terry, Mont., writes to the Biological Survey that he has made a beginning in this direction. He secured eggs of the sage grouse, hatched them under a domestic hen, and some of the chicks survived. THE BUFFED GROUSE. (Bonasa umheUus.)c The ruffed gi'ouse is widely distributed over the wooded parts of the United States and Canada, and ranges from northern (jeorgia, Mississippi, and Arkansas north to Hudson Bay and central Alaska, and from Maine to the coast of Oregon. The different conditions of environment prevailing over this great range have had their effect in modifying the colors of the ruffed grouse so that several forms may be distinguished. The color differences between the bird of the south- ern Rocky Mountains and the Oregon ruffed grouse of the humid west coast are especially marked. The latter is the most richly colored of the North American grouse, and is notable for its handsomely a Wilson and Bonaparte, Am. Ornith.. IV, |). 214, 1831. 6 The Wilderness Hunter, p. 00, 180.3. c The ruffed grouse is separal)le into four forms : The common bird of the Eastern States (Bonam Hmbclliis) ; the Canadian ruffed grouse (/?. //. togaia) of the spruce forests along the northern border, from ]Maine to British Colum- bia; the gray ruffed grouse (/?. ». iinihrlloidex) of the Kocky MouiitMins, north to Alaska; and the Oregon ruffed grouse (B. u. sahini) of the humid west coast, from northern California to British Columbia. 6568— No. 24—05 M 1 26 GROUSE AND WILD TURKEYS OF UNITED STATES. contrasted black and reddish brown colors, set off by immaculate white. The ruffed grouse is one of the most highly prized of American game birds. It is known in New England as the ' partridge,' but in the Southern States it is usually called ' pheasant.' It is distinctly a bird of the woods, imparting the spirit of the wilderness to every sylvan retreat that it inhabits. In Virginia and Maryland, near the city of Washington, the species is, or was until recently, not uncom- mon along the rocky palisades oi the Potomac and in deep gorges lined with laurel thickets. In Essex County, N. J., it frequents the crest of a wooded basaltic dike known as the Orange Mountains, where the picturesque rocky woods with a good stand of deciduous trees and an undergi'owth of blueberry, second-growth white oak, wild grape and bittersweet vines, and beds of partridge berry iMitcheUa repens) furnish a congenial home. That ruff'ed grouse usually prefer deciduous to evergreen growths was particularly no- ticed by the writer in 1892 and 1898 at Chocorua, X. H., a hamlet between Lake Winnepesaukee and the AMiite Mountains. On his tramps through heavy spruce forests remote from houses or clear- ings he seldom came across grouse. He frequently met them, how- ever, in woodland near farms or in clearings, and particularly along wood roads. A favorite ground in August was the clearing of an abandoned farm, 200 feet above Chocorua Lake, which lies at the foot of Chocorua Mountain. The fields are separated from one another by little trout brooks and have grown up to young spruces. Here in bowlder-strewn pastures was an abundance of blackberries, blue- berries, and grasshoppers, with old apple trees, birches, and poplars for winter budding. On this old farm the writer never failed to flush from three to eight grouse, and on several occasions he saw hen birds with young. In a sandy spot of the road leading up to the house the grouse had dusting wallows, which they used habitually. Dur- ing October birds were often found in hemlock woods with an under- growth of osmunda ferns or other vegetation. The ruffed grouse does not congregate in large coveys, like the plumed quails or the prairie chicken, but is found in companies of from two to eight, usually members of a single brood. It does not spend the night on the ground, but perches on a tree. AAlien the weather is very cold, however, it often plunges into the snow and passes the night as snugly as an Eskimo in his igloo. The bobwhite whistles, the prairie chicken booms, and the blue grouse hoots, but the ruffed grouse drums. The drumming is one of the most interesting and attractive of all bird performances. It may be heard at every season, but is at its best in spring. The cock, then in full vigor, mounts his drumming log, droops his wings, raises his fantail, and struts along the log with his crest and glossy black neck RUFFED GROUSE. 27 tufts erect. He begins beating his wings slowly; then faster and faster, till their rapid reverberation becomes a tattoo, rolling out a challenge to rival cocks and a love call to the hens. Nesting takes place in the latter part of April, or more often early in May. In a makeshift nest scratched in a hollow are laid ten or a dozen or even more creamy white or bulfy eggs, usually unspotted, but sometimes with fine specks of brown. The young look like little brown leghorn chicks. Only one brood is raised in a season. On July 4. in New Jersey, the writer has seen young birds as large as woodcock. The cock grouse assist neither in incubation nor in rear- ing the young, but after the eggs are laid assemble in small companies by themselves. The hen is amply able to care for her little family, and Mr. Sandys -tells how a mother forced to headlong and unvalorous- flight a young pointer that had designs on her brood." The notes of the grouse during the breeding season are interesting. AVhen the brood is surprised the hen utters several clucking sounds, one of which may be described as ' quit, quit, quit.' Mr. Sandys, in writing of the call of the parent birds to scattered chicks, says : ^ lu about ten minutes there sounded a low musical chirruping, very like the sound emitted by a red S(iuirrel between the coughing, sputtering notes. Major Bendire, quoting Doctor Ealph, says that a disturbed mother grouse utters a sound like the whine of a young puppy.'' Of the habits and general attractiveness of the ruffed grouse Major Bendire writes as follows:'' The RuCfed Grouse is naturally tame and unsuspicious, and let it once realize that it is protected, it becomes almost as nuich at home in the immediate vicinity of man as a domestic fowl, and quickly learns to know its friends. At the fine country res;idence of the Hon. Clinton L. :Merriam, near Locust Grove. N. Y.. especially during the winter, it is not an unusual sight to see several of these handsome birds unconcernedly walking about the shrubbery surrounding his home, and even coming on the veranda of the house to feed. They, like many other animals alwut the place, have learned that here at least they are among friends, and plainly show their full confidence in them. Even during the mating season a cock Grouse may fiequently be seen in the act of drumming within 50 yards of some of the outbuildings. Bird Lore, for May-June, 1904, has an account of a wild hen o-rouse which w^as so tame that it Avould come out of the woods at call and allow itself to be picked up, thus displaying the most un- Ixjunded confidence in its human neighbors. To lovers of nature the c-esthetic value of this beautiful bird is very great, and its value is none the less, although it can not be measured in cash. "Upland Game Birds, pp. 118-119, 1902. «- Ibid., p. 119, 1902. c Life Hist. N. A. Birds [I], p. 02, 1892. dlbid.. p. 00. 1892. 28 GROUSE AND WILD TURKEYS OF UNITED STATES. The ruffed grouse affords grand sport ; indeed, with not a few sportsmen it holds higher place even than bobwhite. In flight it is one of the swiftest of upland game birds, and considerable skill, a quick eye, and a steady hand are needed to shoot it on the wing. Most shots must be made in cover, and the bird's habit of putting a tree between itself and the sportsman as it flies away adds to the difficulty. As a rule it does not lie nearly so close to a dog as bob- white, but before a well-trained, cautious animal it lies fairly well. When brought to bag the grouse is a noble prize. From six to nine birds may be called a good day's bag, worth more than several times as many bobwhites. The excellence of this grouse as a table delicacy causes the market supply generally to fall far short of the demand, and the price is always high. If the bird could be successfully bred in captivity, it would furnish a most valuable food. PRESERVATION AND PROPAGATION. The ruffed grouse has a number of potent enemies. Most dan- gerous of all is probably that destructive biped, man. Writing from Minnesota, Dr. P. L. Hatch says:" Nowhere was the ruffed grouse more abundant than in all the deciduous forests of this State, until mercilessly slaughtered by the pot hunters. * * ♦ But their glorious day is passing away as fast as about 3(K) dogs and 700 double- barreled breech-loading shotguns can accomplish their annihilation. Many market hunters of -the grouse use a little cur dog trained to tree the game and to bark until the gunner approaches within range. Of the numerous natural enemies, hawks, owls, crows, skunks, minks, wild cats, and foxes are very destructive, and in certain localities a species of tick often infests the birds. Among the birds of prey, the Cooper hawk, goshawk, red-shouldered hawk, barred owl. and great horned owl are their worst enemies. At Marshall Hall, Md., the writer found a crow plundering the nest of a grouse. Almost every- body who is personally familiar with the habits of the fox has found it feeding on game birds. At Chocorua the writer came upon the den of a red fox about which were strewn tail feathers of the ruffed grouse. Owners of shooting preserves will do well to destroy sys- tematically all vermin injurious to game. The bird should have better protection also from man. Massachusetts still permits land- owners to snare grouse on their own lands during October and Novem- ber. Such destructive and unsportsmanlike practices should be pre- vented everywhere by well-enforced laws. The abominable practice by summer campers of potting grouse Avhen they have young should also be punished by a strict enforcement of the law. In sections a Birds of Minnesota, p. 160, 1892. RUFFED GROUSE. 29 where grouse are decreasing under persistent gunning the open season should be further limited or even eliminated for a period of years'^ until the birds have recovered something of their former numbers. A reasonable limit to the day's bag should be set by law. Kansas, Maine, and Wisconsin restrict the number to 15; Montana and Oregon to 10, and Ohio to 6. Vermont, Pennsylvania, and Con- necticut have a limit of 5 grouse per day to a gun, and in the latter State, as well as in New York, no more than 36 can be taken in a j^ear. By similar laws other States can aid in the preservation of the bird. The grouse in captivity often becomes tame. Sometimes, indeed, it takes kindly to the henhouse. It has laid in captivity, and its eggs found in the woods have been hatched under domestic hens, but thus far nothing like successful grouse culture has been approximated, though there appears to be no reason why under proper conditions it should not be successful. Comprehensive knowledge of the bird's food habits should assist in solving the problem. FOOD HABITS. The food habits of the ruffed grouse have been investigated in con- nection with the present paper by the examination of 208 stomachs and crops. This material represents food taken in every month, but chiefly in the colder half of the year. New York supplied more material than any other section; Canada, Pennsylvania, and Massa- chusetts came next; and Nebraska, Virginia, Maryland, Kentucky, New Hampshire, Iowa, Illinois, Minnesota, Michigan, Wisconsin, and South Dakota each contributed a smaller part. Analysis of the food showed 10.92 percent of animal matter and 89.08 percent of vegetable niatter. The animal food is almost all insects. The vegetable food consists of seeds, 11.79 percent; fruit, 28.32 percent; leaves and buds, 48.11 percent, and miscellaneous vegetable matter, 0,86 percent. The insect food proper includes grasshoppers, 0.78 percent; caterpillars, 1.15 percent; beetles, 4.57 percent, and miscellaneous insects, 3.86 per- cent. Some miscellaneous animal matter, made up of spiders and snails, is also eaten. The ruffed grouse eats a somewhat smaller pro- portion of insects than the bobwhite, but, like it, feeds on them to a large extent in the breeding season. Insect Food. Grouse shot by the writer at Chocorua, N. H., in September. 1898, were feeding largely on the red-legged grasshopper {Melanophis a 111 Ohio the season has been closed until 1908, in Illinois until 1909, and ni Missouri until 1910. 30 GEOUSE AND WILD TUEKEYS OF UNITED STATES. fermir-rnhrum) , which was unusually abundant in pastures where the birds foraged. They had picked up also long-horned grasshoppers {Xiphid'nun sp.) and a few black crickets. Crickets often swarm in fields during fall, and offer tempting morsels to birds. The ruifed grouse occasionally eats such caterpillars as cutworms, army worms, cotton worms {Alabama argillacea)^ the red-humped apple worm {ScMzura concinna), and the oak-leaf caterpillar {Symmerista alhi- fi'ons). A number of observers, among them Doctors Fisher and Weed, report that it feeds on oak caterpillars. The ruffed grouse, like the bobwhite, prefers beetles to any other insects. It takes almost as many of them as of all other kinds put together, including even such small ones as the clover weevil {Sitones hisjnduhis). It likes also the injurious leaf-eating beetles {Chryso- melidce), destroying even the notorious potato beetle {Leftinotarsa decemlineata) . It eats the pale-striped flea beetle (Systena blaiida), as well as many other leaf beetles, including Systena hudsonias. Disonycha caroliniana, Chatocnema sp., Galerucella sagittarice^ and the grapevine pest, Adoxus vitis. By scratching, the grouse unearths many pests not found by other birds, notably beetle larvae, click beetles, and May beetles, including Larhnosterna liirsiita. It also consumes another injurious beetle, Dkhelonycha sp., closely related to the May beetles and resembling them in habits and appearance. It scratches up many ground beetles belonging to Pterosfiehvs, A7iiso- daatylus. Harpalus, and other genera. Beetles of other families also— fireflies {Lampyridce)^ metallic wood borers {Buprestidce)^ and Calitys scaira (Trogostklo') — are in the food list. The grouse feeds also on such miscellaneous insects as flies, bugs, ants, and such other Hymenoptera as sawflies and ichneumon flies. A large proportion of the flies are slow-flying species, like crane flies, which are preyed upon by many other kinds of birds. Bugs, how- ever, are much more often destroyed by bobwhite and the ruffed grouse than by other birds. The ruffed grouse has been known to prey on the chinch bug, which at times is the most injurious insect in our country, and seldom destroyed by any except gallinaceous birds. Farmers who permit market hunters to rob them of their game should remember this fact. The grouse picks up also many other bugs, among them predaceous species like the ambush bug (Phymata sp.) and the assassin bug {Reduviid(e). They eat also homopterous insects, including leaf hoppers {Jassidm) and buffalo tree hoppers {Membracidoi). Like many other birds, the ruffed grouse eats ants, frequently including such large species as Camponotus pennsylvanicus. Among small ants may be mentioned the pavement ant {TetmmoHurth RUFFED GROUSE. 31 ccespitum). Several species of the useful parasitic ichneumons are occasionally taken, and as an offset such foliage-destroying insects as sawflies, including adult forms of Nematus sp. and larva^ of Lophyrus sp. A peculiar long-bodied hymenopteron {Pelecinus sp.) also has been noted. The queerest article of food, perhaps, is the galls produced by insects {Cynipidrp). The ruffed grouse shows a marked liking for these odd growths, which contain a few tiny larvae. The common semidomestic pheasant of England has the same taste. The grouse usually selects galls growing on oaks, often those produced by species of the genus Amphiboh'ps. A bird shot in Lunenburg, Mass., in October had eaten 12 of these oak galls, although at that time other food was abundant. Few invertebrates other than insects were found in the investiga- tion of the food of the grouse. The miscellaneous animal food, how- ever, included representatives of such Myriapoda as the thousand-legs, of the order Diplopoda, and such Arachnida as harvest spiders (Phalangidce), jumping spiders {Attid(t), and ground spiders {Lyeosid(t^) ; snails of the genus HeUoc^ and also shell-less snails, or slugs, including Limax sp. and Tehennophorus carolinensis. Vegetable Food. The vegetable food examined consisted of 11.79 percent of seeds, 28.32 percent of fruit, 48.11 percent of buds and leaves, and 0.86 percent of miscellaneous vegetable matter. Grain was not found, though no doubt it would be eaten if obtainable. In fact. Major Bendire says that grouse procure it along roads from the droppings of horses." The seed element of the food is mast and miscellaneous seeds. The mast — 5.33 percent — consists of hazelnuts, beechnuts, hornbeam seeds, chestnuts, and acorns. The last, furnishing by all odds the largest supply, includes those of the scrub oak {Quercus nana), scrub chestnut oak {Q. prhwkles), white oak {Q. alba), and red oak (Q. rubra). Acorns are often swallowed whole, half a dozen to a dozen at a meal being not uncommon. Beechnuts also are taken whole, and from 20 to 60 are sometimes found in a crop. Miscellaneous seeds make up 6.46 percent of the entire food. Like many other gallinaceous birds, the ruffed grouse takes some legumi- nous seeds, though fewer than might be expected. The kinds known to have been eaten are the tick-trefoil {Meibotnia sp.), so abundant in the edge of woods frequented by grouse, and vetch {Viria caro- liniana). Winged seeds are often sampled, such as those of the hem- aLife Hist. N. A. Birds, [I], p. 62, 1892. 32 GKOUSE AND WILD TURKEYS OF UNITED STATES, lock, the pitch pine, and the maple. The following miscellaneous seeds are taken by the ruffed grouse : Blackberry lily (Belamcanda chi- Beech-drops (Leptamnium virgini- nensis). anuni). Beggar-ticks (Biclens frondosa) . Aveus {Geiim sp.). Cbickweed (Alsinr media)- Persicaria (Polyfiotiiuii pennsyJ- Slieep sorrel {Ruincx ucetoscUa). vanictiin). Sedge iCarcx lupuUna). ' Frost weed {HeUanthemttm cana- Sedge (Cyperus sp.). dense). Violet (Viola sp. ). Jewel weed (Impatiens ay).). Witch-hazel (Hamamelis virgini- ana). The list is interesting mainly for what it does not contain. Fur- ther investigations may shoAv that the ruffed grouse, like the bob- white and other so-called granivorous species, is fond of ragweed, sunflower, and grass seed. A grouse taken in British Columbia dur- ing October showed a peculiar liking for the apparently dry husks of geum seeds, no fewer than 500 appearing in its crop. BUDS AND LEAVES. The ruffed grouse spends most of its feeding time in browsing and berry picking. It thus secures, respectively, 48.11 percent and 28.32 percent of its food. The country boy knows where it resorts for budding, and often bags it without the aid of a dog or hammerless gun. The buds and foliage of poplar, birch, and willow form 20.20 ])ercent of the entire food. Budding is most practiced in winter and early spring, when many other kinds of food are buried in snow. Birch and poplar buds afford by far the largest share of this cold- weather diet. Edward A. Preble says that in Canada in spring the sitting hen grouse leave the nest, fly to poplar trees, rapidly fill their crops with buds, and then hurry back to their eggs. He thinks that the males, having plenty of time to spare at that season, prefer to search for choicer food. The crop of a hen bird that he shot at Fort Chipewyan, Athabasca, May 29, 1901, was filled with young leaves of poplar {Populns halsamifera) . The number of buds to a meal is surprising. A grouse shot at Palmer, Mich., December 15, 1894, contained 300 poplar buds. Wlien engaged in budding, grouse take both flower buds and leaf buds; grown leaves of poplar also are eaten, and, not infrequently, the flattened petioles that catch the wind and give the leaves their characteristic quiver. Populus hal- samifera, P. tremidoides, and P. grandidentata are among the species on which they feed. Birch buds also are a staple; they are taken from the canoe birch {Betida papyrifera) , the gray birch {B. pojndi- folia), the yellow birch {B. lutea), and the black birch (B. leiita). Everybody who is familiar with New England woods has seen the RUFFED GROUSE. 33 grouse at dusk balancing on the ends of birch branches and snipping off buds. As with the pophir, both leaf buds and flower buds are taken. A grouse shot in Quebec December 18, 189(), had filled its crop with 200 catkins of the canoe birch. As a rule birds appear to prefer the male to the female flowers. Baird, Brewer, and Ridgway are authority for the statement that in Maine the buds of black birch are so freely eaten that they impart to the bird's flesh a dis- tinctive and agreeable flavor. The ruffed grouse feeds also on the bucls and leaves of different species of willow, as Major Bendire" and other authors have reported. A bird shot on Roseau River, Minnesota, October 20, 1896, had eaten 20 willow flowers. In bud- ding, the grouse often clips from a fourth to half an inch of a twig which bears two or three buds. In addition to the buds and leaves of willoAv, birch, and poplar, brow^se from miscellaneous plants provides the bird with 27.91 per- cent of its food. Such relatives of the willow as the alder, hazel, beech, ironwood, and hornbeam furnish a part of the above. Apple trees on outlying parts of farms are favorite sources of supply. This fact, noted by many observers and confirmed by the present investiga- tion, has sfiven rise to considerable discussion as to whether or not the trees are seriously injured by the budding. Dr. Clarence M. Weed says : ^ The ruffed grouse, however, is capable of iufiicting real damage by a too close pruning of buds, and ctises are known where apple orchards located near woods have been rendered useless by them. Mr. C. J. Maynard states that he took 180 apple buds from one crop, and says that in Massachusetts at one time a bounty of 25 cents was offered by certain towns for the birds' heads.^ Miss M. E. Paine, of Royalston, Mass., in a letter to the writer describes her observations on the budding of apple trees by grouse as follows: The ruffed grouse eats the buds of apple trees, but it is a help rather than a damage. Last year a wild apple tree on top of a hill, between pasture and mowing, was almost entirely budded. I thought entirely at first, but the ter- minal buds were almost always left uninjured, also many minute buds on each limb. 'IMie result was the tei-minal buds were inished out and grew rapidly and strongly. The tree blossomed abundantly and the fruit hung in clusters toward the ends of the branches. The tree is of medium size and the branches droop to the ground. In the fall the golden apples occupied fully as nuich room as the green leaves, and as one looked at the tree a few rods away — a perfect pic- ture, barrels of apples on it, all nearly perfect and fair, .iust the result of a vigorous trimming. This year it was not so badly budded — less snow in winter. Many small buds farther back in the branches have started again this a Life Hist, N. A. Birds, [I], p. 6G, 1892. ^ Birds in Their Relation to Man, p. 40, 1903. c Birds of Eastern N. A., p. '.i'y.i. 1881. 34 GROUSE AND WILD TURKEYS OF UNITED STATES. yeai- and grown, and it is well fruited, owing to the budding two years iu succession. No tree could have been more entirely budded, but the grouse can not stand so as to reach the outmost terminal buds, as a rule ; their weight is too great. The present investigation of stomachs revealed only an insignificant percentage of apple buds, probably because most of the grouse exam- ined were shot in places remote from orchards. The bird has been known to eat also pear and peach buds, and probably would not refuse cherry buds. From one crop, leaves of blackberry or raspberry {Riihus sp.) were taken, and bud tAvigs of blueberry {Vaccmium pennsylvanicum) and other species were not at all uncommon. The twigs severed by the sharp-edged bill of the grouse are all about the same length, one-third of an inch. They appeared in the stomachs as little whitish sticks, from which digestion had removed the bark. The extent to which the ruffed grouse browses on leaves and twigs suggests an herbivorous mammal rather than a bird. The ruffed grouse feeds on leaves and buds of the mayflower (Epigcea repens), and likes exceedingly the leaves of the partridge berry {Jlitchella repens). It nips off also leaves of both red and white clover, to the extent of 1 percent of its food. It is partial to the leaves of sheep sorrel {Rumex acetosella) , which it cuts across as sharply as if by a pair of scissors, but it eats yellow sorrel {Oxalis stricta) with less relish. It appears to like dandelion greens, and has a queer taste for the fronds of ferns {Dryopteris spinulosa^ Botryehium ohllquum, and Polypodium vulgare). In its relation to conifers it differs Avidely from the spruce grouse, for it derives therefrom only an insignificant percentage of its food, while the spruce grouse obtains nearly 50 percent. Spruce needles and foliage of arborvitee {Thuja occidentalis) have been seen in several stomachs. Edward A. Samuels believes that the ruffed grouse will eat leaves of evergreens only when all other food is lacking." In Alaska, E. W. Xelson found the bird feeding exclusively on spruce buds. He states that the flesh becomes disagreeable from this pitchy diet.'' The effect of highly flavored food on the flesh of game birds has already been referred to. The ruffed grouse buds the highly poisonous laurel {Kalmm lati- folia) . On this subject Alexander Wilson writes : " During the deep snows of the winter, they have recourse to the buds of alder, and the tender buds of the laurel. I have frequently found their crops dis- tended with a large handful of these latter alone; and it has been confidently asserted, that, after having fed for some time on the laurel buds, their flesh becomes highly dangerous to eat, partaking of the poisonous qualities of the plant. a Our Northern and Eastern Birds, p. 387, 1883. ^ Nat. Hist. Coll. in Alaska, p. 131, 1888. c Am. Ornith., vol. II, p. 319, 1831. RUFFED GROUSE. 35 Dr. John H. Brinton, of Jefferson Medical College, has known sev- eral cases of glossitis (inflammation of the tongue) caused by eating grouse that had fed on laurel," and Dr. N. Shoemaker has also known *of serious illness from the same source.^ V. K. Chestnut, Department specialist on poisonous plants, gave an extract made from laurel leaves to a chicken, which he subsequently killed and fed to a cat. The cat was seriously affected, but ultimately recovered. In Phila- delphia in 1700 the public was alarmed over the possibilities of laurel poisoning, and the sale of these birds was for a time forbidden. Dr. B. H. Warren shot 10 birds when the ground was deeply covered with snow, and found their crops stuffed with laurel buds.'' Not more than half a dozen stomachs of the 208 examined by the Biological Survey contained fragments of this plant, the explanation probably being that only a few stomachs were collected in late winter, when birds most resort to it. Four of the birds that contained laurel were used for food, with no evident ill effect. One of these had eaten 14: grams of laurel, nearly all leaves, with only a few buds. The leaves had been clipped into bits as if by scissors. Investigation of this habit of the grouse, known to be a common one, is much needed. The maple is often selected for budding, and sometimes the spicebush. Flowers are sometimes plucked by browsing grouse. Asters and red clover have been identified in their food, and the green ovary of bloodroot {Sanguinaria) was found in a bird's crop by Amos W. Butler. The following plants also are in the list of browse of this bird: Heucbera {Heuchera americana). Meadow rue (ThaUctrum sp.). Chickweed (Alsinc pubera). Smilax {Smilaj:- glatica). Catnip (Xepeta cataria). Horsetail rush (Equisetutn sp.). Cinquefoil {PotcntlUa argentea). Azalea (Azalea sp.). Buttercup (Ranunculus hulhosa False goat's beard (AstUbe sp.). and R. acris). Aster (Aster sp.). Speedwell (Veronica officinalis). Cud weed (GnaphaJium purpu- Saxifrage (Saxifraga sp.). reum). Live-forever (Seilum sp.). FRUIT. The ruffed grouse is preeminently a berry eater. Not only does it consume more fruit than the bobwhite, l)ut it is our most f rugivorous game bird. More than one-fourth of its j'early food — 28.32 percent — consists of fruit, distributed as follows: 3.82 percent rose hips, 2.46 percent poison ivy and sumac, 3.01 percent grapes, and 10.03 percent miscellaneous fruits. a Warren, Birds of Penn., p. 108, 1890. 6Nortb Am. INIed. Journ., I, pp. 321-322, 182G. c Birds of Pennsylvania, p. 108, 1890. 36 GROUSE AND WILD TURKEYS OF UNITED STATES. The taste for rose hips, seedy and husky as they are, and often beset with fine bristles Avhich irritate the human skin and woukl seem reallv dangerous to internal tissues, is one of the singular freaks of bird feeding. It reminds one of the cuckoo's liking for caterpillars which are so bristly that its stomach becomes actually felted and sometimes pierced by the stiff hairs. Eose hips hang on the bushes throughout the winter, accessible to the hungry grouse as they journey about in the snow for food, and are usually swallowed whole. The bird likes grapes also. Xo less than 3.01 percent of the year's diet consists of them, and in November they make 17.2 percent of the total food for the month. All experienced sportsmen know of this taste, and during this month they always count on getting their best shooting in the vicinity of heavily fruited grapevines. The wild grapes with small berries, such as Vifis cordifoJia, are especially liked, but also large grapes are greatly relished. The species from which cultivated varieties have been derived {Vitis labrusca) apx^ears to be commonly selected. Thirty to forty grapes are often swallowed at a meal. From this taste one might expect the grouse to commit dep- redations on cultivated grapes, but no reports of such damage have come to the Biological Survey. Like many other birds, the ruffed grouse eats the berries of sumac and other species of Rh us. This food contributes 2.46 percent of the year's diet. Among the nonpoisonous sumacs selected are the dwarf sumac {Rhus copaUhia). the staghorn sumac (R. Jiirta). and the scarlet sumac (R. glabra). Not uncommonly from 300 to 500 berries of the dwarf sumac are swallowed at a meal. This liking for the dry and apparently nonnutritious sumac is another curious freak of bird appetite. Probably, as with the bobwhite, the seeds are broken up in the gizzard and the inclosed meat, or endosperm, set free for diges- tion. The immunity of the bird from poisoning by poison sumac and poison ivy, which also it eats, is interesting. That these seeds retain their virulence after being eaten was shown in the case of an investigator in the Biological Survey who was poisoned while exam- ining stomachs of crows that had fed on poison-ivy berries. At times the ruffed grouse eats many of these berries, as proven by one col- lected by Prof. S. A. Forbes, at Jackson. 111., December 9, 18S0. which had eaten 280 of them. AYhere grouse are numerous, poison sumac is usually less abundant than poison 'ivy, and consequently it appears less frequently in stomach examinations. One hundred and sixty poison-ivy berries were taken from the crop of a ruffed grouse shot by Dr. A. K. Fisher at Lake George, N. Y., October 21, 1892. Miscellaneous fruits amount to 19.03 percent of the annual food. The two favorite kinds are the partridge berry {Mitchella repens) and the thorn apple (various species of Crataegus), both of which were eaten bv 40 of the 208 grouse examined. At least two species RUFFED GROUSE. • 37 of thorn apple are used for food — the cockspiir thorn {Cratcegus erns- gaUi) and the scarlet thorn {C. coccinea). These apple-like fruits afford a nutritious food. At Peterboro, N. Y., the writer observed grouse coming to thorn-apple trees during November and well into December. That they take large numbers at a meal is shown by an individual obtained at St. Vincent, Minn., which had eaten 38. W. H. Kobbe says that grouse eat with great relish the small wild crab apple of the Northwest (Pyrus rioularis) ."^ They enjoy culti- vated apples, seldom missing a chance at trees on the edge of wood- lands. At Chocorua, N. H., in October, 1898, some of the birds killed in old orchards of abandoned farms had fed principally on apples. After thorn apples and partridge berries, a number of other fruits are also staples. The large brilliant clusters of the mountain asli {Sorhus americana) are acceptable, and the delicious wintergreen berries, with scarlet skin and snowy pulp, are also relished. The bayberry {Myrica carolinensis) is a favorite food wherever accessible. Tn grouse stomachs one often finds nothing but the little round granules contained in the Avaxy drupes of this berry. Blueberries also are eaten in large quantities. A bird- killed at Chocorua, N. H., July 25, 1892, had eaten a hundred blueberries {Vaecinium pennsylvani- rnm), and one killed at Chateaugay, N. Y., in September, contained about three hundred. The high-bush blackberry and the huckle- berry also are eaten, as well as the cranberry. Dr. A. K. Fisher found 21 whole cranberries in a bird shot at Lake George, N. Y., November 2, 1901. The extent to which blackberries are sometimes eaten is shown by the fact that the stomach of a grouse contained about 800 blackberry seeds. Another bird had eaten over a hundred sarsaparilla berries. An explanation of the delicious flavor of the ruffed grouse appears in its varied and highly flavored diet of fruit, herbs, and seeds. In addition to the fruits already noted the follow- ing kinds found in the birds examined may be named, though the total number mentioned in this bulletin is probably not a fourth of the complete list of fruits eaten by this bird : Greenbrier (Smilaa- sp.). Wild blade cherry (Pruiiun sero- Hairy Solomon's seal {PoUjgona- tiiia). turn bifloruni). Wild red cherry (Pniitus penusyl- Smooth Solomon's seal (Poli/f/ona- ran lea). tiini commutatum). Elder (^unihucux canadensis) . Blackberry (Riihus nigrobaccue). Ked elder (SainhKCKs pnJxvis). Black raspberry {Ruhus occklen- Black haw {Vihurniuii iinniifo- talis). It inn). Raspberry (Ruhits strigosus'). Nannyberry {Vihurnuin Icntago). Domestic cherry {Prunu.^ avium). Withe roa (]iliiiniiiiii cassinoidcs). Cultivated plum (Pniiiiis domes- Ma[)le-leave(l arrow wood (Vihur- tica). nuni ucvrifoliitni). « Auk, XVII, p. 351, 1900. 38 GROUSE AND WILD TURKEYS OF UNITED STATES. Higb-bush cranberry (Vihurnum Buiicbberry (Conius canadensis). opujus). Cornel (Cornus panictilata). Mountain cranberry {Vnccinium SUky cornel (Conuis amonum). vitis-idwa). Pepperidge (Xyssa sylvatica). Snowberry (Syniplioricarpus sp.)- Mulberry {2Ion(s rubra). Feverwort {Triosteuni perfoJia- Bittersweet [Cclastrtis scandens). turn). Manzanita {Arctostaphylos sp.). Black buckleberry {Gaylmsacia Barberry (Ba-hcris vulgaris). resinosa). Virginia creeper {Parthenocissas Black alder {Ilex verticiUata) . quinquefoUa) . Flowering dogwood (Cornus flor- ida ) . The seeds of most of these berries pass through the digestive tract unharmed and are capable of germinating. Thus the grouse assists in planting many fruiting trees and shrubs, the heavy seeds of wl.'ich must l3e disseminated mainly through the agency of animals that feed on them. Food of the Young. The young of most birds are far more insectivorous than adults, a statement that applies to gallinaceous birds, though to a less extent than to passerines. More than 95 percent of the diet of eight grouse chicks examined, none of which was more than a fourth grown, was insects. Seven adults collected in the breeding season had consumed only 30 percent of insects. Newly hatched chicks eat the largest ]jroportion of insects. As they grow older they gradually become more frugivorous and granivorous. Three chicks, only a day or two old, collected by Prof. S. A. Forbes, at Waukegan, 111., June 9, 1876, proved to have been exclusively insectivorous. They had eaten cutworms, grasshoppers, Lampyrid beetles, ants {T etramorium ccespitron), parasitic wasps, buffalo tree hoppers, and spiders (Attidce and Phalangidce). A grouse about a week out of the shell, collected by F. H. King, had eaten a white grub, 7 spiders {Phalangidce) , and 13 caterpillars." It should be noted, therefore, that the ruffed grouse, though only slightly insectivorous when adult, as a chick destroys great numbers of insects, and deserves much more credit from farmers than it usually receives. THE SPRUCE GROTJSE. ( Canachites canadensis. ) & The spruce, or Canada, grouse inhabits the transcontinental conif- erous forests from the northern border of the United States, east of a Trans. Wis. Ag. Soc. vol. 24, pp. 472-47.3, 188G. 6Tbe spruce grouse {Canachites canadensis) is separated into three geographic forms, of which two occur within our territory; these are the common spruce grouse (C. c. canace) of the northern border from Maine to Minnesota, and the .-Maska spruce grouse {C. c. osgoodi) of Alaska and western Canad-i. SPRUCE GROUSE. 39 the Kocky Mountains, to Labrador and Alaska. The male is one of the handsomest of the grouse ; it is gray, with black bars above and clear black and white below, with a rusty band edging its fanlike tail. In spring brilliant red combs above the eyes add to the beauty of the strutting cock. These birds drum in an odd way : The male selects an inclined tree and flutters up the trunk for 15 to 20 feet, drumming as he goes. The spruce grouse nests in May or early June and lays from 9 to IG buff-colored eggs, handsomely marked with rich chestnut and brown. rOOD HABITS. Study of the food habits of the spruce grouse has been but meager, since only 8 stomachs were available for examination. These Avere collected in January, May, August, September, October, and Novem- ber, 6 of them in Canada, 1 in Michigan, and 1 in Minnesota. The material in the stomachs consisted of 100 percent vegetable matter — 18.33 percent seeds, 19.73 percent fruit, 61.94 percent coniferous foliage. The seeds were of spruce, thistle, and several unidentifi- able plants. In its frugivorous habits the spruce grouse closely resembles its relative, the blue grouse. The proportion of bear- berries was 16.67 percent, and of other fruit 3.0G percent. Solomon's seal {Poly gonatum) , blueberries ( Faccmmm ), bunchberries {Cornus canadensis) , crowberries {Empetrum), and juniper berries are among the berries principally eaten. Dr. C. Hart Merriam, Chief of the Biological Survey, has informed the writer that the spruce grouse feeds largely on the bearberry {Arctostajyhylos uva-ursi) and the wax currant {Rihes cereum). When cold weather comes the spruce grouse usually abandons a berry diet and eats nothing but its favorite food — the leaves, buds, and tender shoots of conifers. This kind of browse formed 61.94 percent of the food of the eight birds examined in the laboratory. It is safe to assume that more than half the year's food of this grouse is obtained by browsing, and that nearly half consists of the foliage of conifers. Wilson and Bonaparte state that in winter this species feeds on the shoots of spruce,** a habit so generally known that it has given to the bird its name. According to Major Bendire, this grouse feeds also on the needles of tamarack {Lariv laHeina), and in certain localities feeds upon them exclusively.'' It has been known also to eat the needles of Pinus divaricata and the fir balsam {Ahies halsamea) . As with the blue grouse, resinous food imparts to the flesh a decidedly pitchy flavor. W. H. Osgood, of the Biological Survey, informs the writer that he examined crops of the Alaska grouse which contained the leaves a Am. Ornith., vol. 4, p. 208, 1831. &Life Hist. N. A. Birds, [I], p. 52, 1802. 40 GROUSE AXD WILD TURKEYS OP UNITED STATES, of bluebeiTV (Vaeciniur/i) and horsetail (Equisefxm). The Alaska spruce grouse, according to Dr. W. H. Dall, was found at Nulato in winter feeding: exclusively on the buds of willow." The flesh of the spruce grouse is dark and for the table is in no way comparable to that of the blue grouse. Xor is the bird equal to the latter as an object of sport. It is, however, a thing of beauty in the dark northern coniferous forests, where its aesthetic value must impress every lover of nature. This grouse is strictly a forest bird, and no- where appears to come into contact with agriculture. THE FRANKLIN GROUSE. ( Canach ites franklin i. ) The Franklin grouse is ver}^ similar to its near relative, the spruce grouse, and difters mainly in the conspicuous white marking on its upper tail coverts and in lacking the rufous tip to the tail. It is found in the mountains of western IMontana and Idaho, westward to the coast ranges of Oregon and Washington and northward through British Columbia to southern Alaska. Major Bendire records that nidification occurs during the last of May and in June. The food habits of the bird are similar to those of the spruce grouse. In Alberta. l)etween August 25 and September 1, 1804. J. A. Loring. a field agent of the Biological Survey, examined the crops of several l^ranklin grouse and found in them berries and leaves. A. H. How- ell, also of the Survey, examined crops and gizzards in Idaho during the last of September. 1895, and found in them large quantities of the leaves of the lodge-pole pine {Phi us murrayana) broken into bits from one-fourth to three-fourths of an inch long. Major Bendire notes that in summer they furnish Indians and packers with their principal supply of fresh meat. Their flesh is palatable then because they eat grasshoppers and berries and feed less freely on the buds and leaves of spruce and tamarack.^ Hon. Theodore Roosevelt writes of this bird in Montana : " The mountain men call this bird the fool-hen : and most certainly it deserves the name. The members of this particular flock, consisting of a hen and her three-parts grown chicks, acted with a stupidity unwonted even for their kind. They were feeding on the ground among some young spruce, and on our approach flew up and perched in the branches, four or five feet above our heads. There they stayed, uttering a low complaining whistle, and showed not the slightest suspicion when we came underneath them with long sticks and knocked them off their perches. a Nelson. Nat. Hist. Coll. Alaska, p. 130. 1887 (1888). 6 Life Hist. X. A. Birds, [I], p. 58. 1892. c The Wilderness Hunter, p. 116, 1893. DUSKY GROUSE. 41 THE DUSKY GROUSE. ( Dendnujap ii.s obscurus. ) « The dusky, or blue, grouse lives mainly in coniferous forests of the western mountain ranges, occurring in the Rocky Mountains from New Mexico, Arizona, and Colorado, north to Canada and Alaska, and west to the Pacific coast. These grouse are large, plainly colored birds, mainly of a slaty or dusky shade. In unfrequented forests they are so unsophisticated that they often perch on a low branch and gaze curiously at an intruder until struck by a stone or stick. From their unsuspicious nature they are known in parts of the West, like the previous species, as fool-hens. Wliile commonly habitants of the higher forests, they often descend to lower levels on the mountain sides where deciduous trees and bushes mingle with the conifers. The dusky grouse is a valuable food bird and weighs from 2^ to ^ pounds. Wilbur C. Knight says : ^ Of all the edible birds of the west this and the followiiis variety [Richard- son's grouse] are the most desirable. The flesh is highly flavored, tender, juicy, and as white as that of a tan)e fowl. The flavor of a game bird's flesh is often affected by the character of its diet, as is the case with the blue grouse after it has been feeding on the pitchy foliage of conifers. " The use of such food imparts to the flesh of these birds," says Major Bendire, " a strong resinous flavor, not particularly relished by me at first." " Baird, Brewer, and Ridgway, however, state that the pine taste only improves the bird's gamy flavor.'^ Vernon Bailey states that half -grown young of the blue grouse which had been feeding largely on gooseberries were excellent eating, being entirely free from pitchiness. George B. Grinnell, editor of Forest and Stream, notes that a diet of a small species of red whortleberry also makes the flesh delicious. '^ As an object of sport the blue grouse is in the front rank of game birds, even though it spends much time in the deep coniferous for- ests. It lies well to the dog, flies swiftly, and affords shots in heavy timber that test the sportsman's highest skill. oin addition to the common dusky grouse (Dendraf/aptis ohscurus) of the Rocky Mountains from New Mexico to Montana, three other geographic forms are known. These are the sooty grouse (Z>. o. fKlif/iiioKioi) of the northwest coast, from California to southern Alaska; Richardson grouse (D. o. lichard- soni), from Montana to northwestern British America; and the Sierra dusky grouse (/>. <>. fiicrra) of the Sierra Nevada in California and east slope of Cas- cade Mountains in Oregon. i Birds of Wyoming, p. .^)4, 1002. '^ Auk, vol. (), p. .".a. ISSO. d Hist. N. A. Birds, vol. :'., i»i). 424rA2^, 1874. e Forest and Stream, vol. 12, p. 3G5, 1879. 42 GKOUSE AND WILD TURKEYS OF UNITED STATES. The dusky grouse cock is quite uniformly dark in color, as the name implies. In the mating season the bird presents a striking appearance. The brilliant comblike wattles above its eyes are con- spicuous, the large, yellow wind sacs on the sides of its neck are fully inflated, and it struts about like a turkey cock, with drooping wings and spreading tail, emitting a sound that closely resembles the hoot- ing of the great horned owl. The nesting takes place during the last half of May, when the hen bird scratches a slight hollow in the earth and lays from 6 to 12 cream-colored, brown-spotted eggs. Usually but one brood is reared in a season. Prof. W. W. Cooke, in writing of the habits of the species in Colorado, says that it breeds from 7,000 feet altitude to timber line, 4,000 feet higher. At the former altitude it lays about the middle of May. In August the birds gather in flocks and visit gra infields, or frequent the more open gulches and foothills for berries. In September they wander above timber line to feed on grasshoppers, reaching an altitude of 12,500 feet. In severe winter weather some of the birds come down into the thick woods, but many remain the whole year close to timber line." FOOD HABITS. The food habits of the dusky grouse have been studied by examina- tion of the contents of 45 crops and stomachs, representing every month of the year except May, June, and November. Most of the birds were shot in British Columbia, Colorado, and Idaho, but a few came from Montana, Utah, 'Wyoming, and California. The food consisted of 6.73 percent anim.^l matter — insects, with an occasional cpider — and 93.27 percent of vegetable matter — seeds, fruit, and leaves. Grasshoppers constitute tha bulk of the animal food, amount- ing to 5.73 percent. Beetles, ants, i nd caterpillars form the rest of the insect food. One stomach contained the common land snail {Polygyra sp.). Major Bendire, Vernon Bailey, and Walter K. Fisher have shown that the young birds feed largely on grasshoppers. Mr. Fisher shot a young bird at Forest Grove, Oreg., July 6, 1897, which had eaten 20 grasshoppers and several smooth, green larvae. Vegetable Food. The dusky grouse and its near relative, the spruce grouse, are among our chief foliage-eating birds. Browse is eaten by the blue grouse to the extent of 68.19 percent of its annual food, and is dis- tributed as follows : Buds and twigs, 5.28 percent coniferous foliage, 54.02 percent; other leaves, 8.89 percent. The species spends most of a Birds of Colorado, p. -TO, 1897. DUSKY GROUSE. 4S its time in pine forests feeding on needles, buds, and flowers. The yellow pine {Pinus ponderosa) — male flowers, the white fir {Abies co7icoloi'), Abies magnifica, the Douglas fir {Pseudotsiiga mueronata)^ the western hemlock {Tsuga heteroplmjlla) ^ and the black hemlock {Tsuga mertensiana) are among the trees that afford it subsistence. That the blue grouse thus utilizes the foliage of conifers is well known to everybody familiar with the bird. Major Bendire writes that dur- ing the winter its food consists almost wholly of the buds and tender tops of pine and fir branches, refuse bits of which sometimes accu- mulate under a single tree to the amount of a bushel," A blue grouse shot by W. W. Price at Slippery Ford, Cal., when 15 feet of snow lay on a level, had filled its crop with the young leaves of the white fir.'' Plants other than conifers furnish 14.17 percent of the annual food of the species. This material includes red clover leaves, willow leaves, blueberry leaves, miterwort {Mitella breweri), birch shoots, and poplar flower buds. During July, in Montana and Utah, field agents of the Biological Survey have seen the bird feeding on the leaves, buds, and flowers of the Mariposa lily {C alochortus) . It eats also the blossoms of lupine, columbine, and the Indian paint brush {Castilleja). The blue grouse is only slightly granivorous. Its seed food amounts to but 4.99 percent of the whole — a proportion small indeed when compared with that of the bobwhite and the crested quails. The species is said by Alexander Wilson to resort to seeds only when other food is scarce.^ At times it visits fields for oats and other grain. It feeds also on pine seeds {Pinus flexilis and other species) . It picks up polygonum seeds {P. polymorpkum and others), is fond of wild sunflower seeds, and has been known to sample false sunflower ( Wye- thia mollis)^ caraway {Glycosma occidentalis) , and the capsules of Pentstemon gracilis. It picks up also the seeds of various species of lupine, and is fond of acorns, including those of the canyon live oak {Quercus chrysolepis) . The blue grouse is one of the most highly frugivorous of our gal- linaceous birds. Fruit formed 20.09 percent of the food of the 45 birds whose stomachs were examined in the laboratory. Manzanita berries constituted a large part, amounting to 13.48 percent of the total. During the summer and early fall they were eaten in great quantities. The manzanita often forms tangled areas of chaparral and includes a number of species which furnish birds and mannnals an abundant supply of berries. The berries eaten by the blue grouse o Auk, vol. 6, p. 33, 1889. 6 Condor, vol. 3, p. 160, 1901. cAm. Oruith., vol. 4, p. 191, 1831. 44 GROUSE AKD WILD TURKEYS OF UNITED STATES. include Arctostaphylos pungens^ A. nevadensis, and A. uva-ursi. Its list of fruits also includes the following : Mouutain twin berry. Service berry (Amelanchier alni- Red elder {Sambucits j)ubcns). folia). HoneysiK-lvle {Loniccru involu- Salal {GauUheria shaUon). crata; Loniccra conjugiaHH). Huclcleberry (Vuccitiiuin ocoiden- Cherry (Prunus sp.)- tale). Mountain ash (Sorbiis sambuci- Currant (Ribes cereum, Ribes san- folia). guinciim). Salmon berry {Rubus parviflorus). Gooseberry {Ribes mensiesii). The food habits of all young birds differ more or less from those of their parents. Young blue grouse at first live chiefly on grass- hoppers ajid other insects and on tender plant tops. Later in the sea- son they subsist on berries, such as gooseberries and salal-berries, and some seeds, such as those of the wild sunflower. Florence Merriam Bailey, in writing recently of the habits of the dusky grouse in New Mexico, says : " Near our camp at the foot of Pecos Baldy, Mr. Bailey discovered a winter I'oosting tree of the grouse. The tree was on a sheltered part of the wooded slope and was so densely branched that after a prolonged rain the ground beneath was perfectly dry. The earth was strewn with winter droppings, com- posed entirely of the leaves of conifers. Conifer needles had also been eaten by three of the grouse that were taken * * * in July and August, but at this season the birds were living i)rincipally on such fresh food as strawberries, bearberries {Arctostaphylos uva-ursi), sheperdia berries, flowers of the lupine and paint brush, seeds, green leaves, grasshoppers, caterpillars, ants, and other insects. One crop contained twenty-seven strawberries, twenty-eight bear- berries, and twelve sheperdia berries, besides flowers, leaves, and insects, while the accompanying gizzard was filled with seeds, green leaves, and insects. THE WILLOW PTARMIGAN. {Lagopus lagopus.) Ptarmigans are characteristic of the arctic and arctic-alpine regions. During summer they are mainly gray and brown, resem- bling the mottled colors of the bare earth, but at the approach of winter they change this plumage for one of pure white. Thus they harmonize with their surroundings at all seasons and are better able to escape their numerous enemies. There are four species of these birds in the United States and Alaska. Of these the willow ptarmigan, white ptarmigan, or willow grouse, as it is variously known, is the largest, most abundant, and consequently the most important. It is found in the arctic regions of both hemispheres, and is widely spread and abundant throughout the tundra country of Alaska, except on the Aleutian Islands. Throughout its range, especially in winter, it is an important food bird. In the north a Auk, vol. 21, p. 351, 1904. WILLOW PTARMIGAN. 45 periods of famine are ever recurring among the natives, and these birds frequently stand between them and starvation. It rears but one brood in a season, nesting on the ground early in June and laying from 7 to 12 eggs. By the middle of August the young are nearly grown. In the northern part of its range the willow ptarmigan is a summer resident only, and at the approach of winter most of the birds migrate in large flocks, sometimes numbering a thousand or more, southward or inland to a region of scattered trees or bushes. Ernest Thompson Seton, quoting from Hutchins' manuscript con- cerning observations at Hudson Bay in 1782, says that over 10,000 ptarmigans were caught with nets at Severn from November to April." The birds are so tame, especially in winter, that their cap- ture is easy. Like all other gallinaceous birds, ptarmigans require gravel for milling their food, and in winter deep snow makes this hard to procure. The natives, taking advantage of the birds' neces- sities, bait their nets with gravel, and sometimes catch as many as 300 at one spring of a net.^ E. W. Nelson writes of encountering flocks of several thousand white ptarmigans in Alaska in midwinter, and says that the whirring of their wings as they rose sounded like the roll of thunder and seemed to shake the ground. He reports that the birds are snared and shot in great numbers by both the Alaskan Eskimos and the Indians.'" The flesh is not so palatable as that of many other game birds, and is decidedly dry and often bitter when the bird feeds on willow buds. The flesh of old birds is -dark colored, but that of the young is Avhite and delicately flavored. FOOD HABITS. Study of the food of the willow ptarmigan unfortunately has been slight, for only five birds were available. Their food was entirely vegetable. Three shot in January in Labrador had eaten 10 percent of berries and 90 percent of buds, more than half the buds being willow. One stomach contained about 300 willow-flower buds. The two other birds were collected in December in Labrador and had eaten willow buds exclusively. Though the data are so scantj'^, the results agree with those of other students. Ludwig Kumlien, for instance, says : ** They [willow ptarmigans] are quite common in the larger valleys, where there is a ranker growth of willows. The stomachs of those I examined of this species contained willow buds and small twigs. « Proc. U. S. Nat. Mus.. vol. 13. p. 514, 1890. 6 Hearne. .Tourney to the Northern Ocean, jij). 41.'5— 415, 1795. cNat. Hist. Coll. in Alaska, p. V.V2, 1S87 (1S88). tf Bull. 15, U. S. Nat. Mus„ pp. 82-83, 1879. 46 GROUSE AND WILD TURKEYS OF UNITED STATES. Baird, Brewer, and Ridgway have stated that the crops of ptar- migans were often fonnd to contain a double handful of willow buds." L. M. Turner writes thus of the bird in Alaska : ^ During the winter these birds subsist on the past year's twigs of willow and alder or other bushes. I have cut open the crops of many of these winter-killed birds and found them to contain only pieces of twigs about one-third of an inch long, or just about the width of the gape of the posterior horny part of the bill, as though this had been the means of measurement in cutting them off. The flesh at this time is dry and of a peculiar taste. In spring the ptarmigans con- gregate in great numbers on the willow bushes and eat the tender, swelling buds. The flesh then acquires a bitter but not unpleasant taste. As open weather advances they find berries that have remained frozen the entire winter, and tender grass shoots, and later, insects. The young are insectivorous to a great degree in their youngest days. They consume great numbers of spiders that are to be found on the warm hillsides. In writing of the food of the willow grouse, Major Bendire says that the buds and tender leaves of birch are eaten, and the berries of cranberry, whortleberry, and arbutus.^ Wilson and Bonaparte state that it feeds on berries, including the crowberry {Er?ipetrum nigrum) and the mountain cranberry {Vaccinium vitis-idcea).^ THE ROCK PTARMIGAN. {Lagopus rupestris.) e The rock ptarmigan inhabits arctic America from Labrador to Alaska (including the entire Aleutian chain, where the willow ptar- migan is unknown). It is similar to the latter bird, but smaller and has a black line from the bill to the eye by which it may readily be distinguished. This bird is less common than the willow ptarmigan and prefers more rocky and elevated situations. Owing to its smaller size and fewer numbers it is far less important to the people of the north as an article of food than the willow ptarmigan. rOOD HABITS. No stomachs of the rock ptarmigan have been available for exami- nation. In Alaska, during May, E. W. Nelson found it feeding on berries of the preceding season, f Major Bendire says that the sub- a Hist. N. A. Birds, Land Birds, III, p. 461, 1874. 6 Nat. Hist. Alaska, p. 1.53, 1886. cLife Hist. N. A. Birds, [I], p. 74, 1892. d Am. Ornith., IV, p. 328, 1831. c Besides the typical Lagopus rupestris of arctic America, the rock ptarmi- gans of North America include the Keinhardt ptarmigan (L. r. reinhardi), of Greenland and northern Labrador; the Welch ptarmigan (L. loelchi), of New- foundland; and four forms found in the Aleutian Islands— L. /•. nelsoni, L. r. atkheusis, L. r. toumscndi, and L. evermmini. f Nat. Hist. Coll. Alaska, p. 136, 1887 (1888). WHITE-TAILED PTARMIGAN. 47 species Lagopus rupestris reinhardi feeds on insects, leaves, berries, including the crowberry {Empetrvm nigruTn), tender leaves of the dwarf birch and white birch, willow buds, and sorrel.* Samuel Hearne notes that the rock ptarmigan eats the buds and tops of the dwarf birch {Betnla glcmdulosa) .^ Kumlien examined a crop that was crammed with sphagnum inoss.^ THE WHITE-TAILED PTARMIGAN. {Lagopus leucurus.) The white-tailed ptarmigan is found above timber line in Alaska, in the mountains of British Columbia, and in the higher Cascades south to Mounts Hood and Jefferson. It ranges south along the Rocky Mountains through Colorado to northern New Mexico. Unlike the other species, this ptarmigan has no black feathers in the tail. Writing of this bird in Colorado, W. W. Cooke says that it breeds above timber line, virtually under arctic conditions, and that only in most severe winters does it descend into timber. He records that it breeds at from 11,500 to 13,500 feet altitude, and wanders up to the summits of peaks 1,000 feet higher. Nesting takes place early in June and is similar to that of other ptarmigans. In winter, when the birds descend to lower altitudes, the sexes are in different flocks. The white-tailed ptarmigan is a trusting creature, lacking the fear necessary for self-preservation. Clark P. Streator, while employed by the Biological Survey in the Cascade Mountains of AVashington, reported that one could approach within 10 feet of it,,that miners killed it with stones, and that it was very good for food. In Colorado public sentiment is strongly in its favor, and it is protected by an absolutely prohibitory law. The ptarmigan is one of the sights pointed out to tourists in the Colorado mountains. Its status here may be contrasted with that of the willow grouse in the north, where thousands are killed by Eskimos and Indians. Killing birds for food, however, even by wholesale, has its excuse, but whole- sale slaughter for millinery purposes, such as has overtaken the ptarmigans in the Old World, is unpardonable. A single shipment of ptarmigan wings in Russia consisted of 10 tons.** FOOD HABITS. During winter in Colorado, according to Professor Cooke, they subsist, like other ptarmigan, largely on willow buds. The stomachs a Life Hist. N. Am. Birds, [I], p. 80, 1802. f> Journey to Nortlieru Ocean, p. 41(;, ITOfi. f Bull. 15, U. S. Nat. Mus., p. 83, 1879. d Engelhardt, A Russian Province of the North, 1899. 48 GKOUSE AND WILD TURKEYS OF UNITED STATES. of two birds collected at Siimmitville, Colo., in January, 1891, at an altitude of 13,000 feet, were found to contain bud twigs from one- third to one-half inch long, but the kind of bush from which they came could not be determined. Doctor Coues, quoting T. M. Trippe, states that the food of this bird is insects, leguminous flowers, and the buds and leaves of pines and firs." According to Major Bendire, the flowers and leaves of marsh marigold {Caltha leftosepala) and the leaf buds and catkins of the dwarf birch {Betula glandidosa) are eaten.'' Dr. A. K. Fisher examined the stomachs of two downy chicks collected on Mount Rainier, Washington, and found beetles and flowers of heather (Cassiope mertensiana) and those of a small blueberry. THE WIIiD TURKEY. {Meleagris gallopavo.) c The wild turkey, our biggest game bird, was formerly abundant over a wide area. It has been exterminated throughout much of its former range, and unless radical measures are taken it will become extinct in a few years. In early colonial days it was numerous in Massachusetts, coming about the houses of the settlers in large flocks. It is now totally extinct in New England. It is hard to realize that at the beginning of the nineteenth century turkeys were so abundant that they sold for C cents apiece, though the largest ones, weighing from 25 to 30 pounds, sometimes brought a quarter of a dollar. A big wild turkey nowadays would not long go begging at $5. It is their value as food that has made it worth while to hunt turkeys to the very point of extermination. So-called sports- men go out in the late summer ostensibly to shoot squirrels, but really to pot turkeys on the roost. Another practice is to lie in ambush and lure the game by imitating the call note of the hen in spring. The writer has personal knowledge of such methods of hunting in Vir- ginia and Maryland, and they are largely responsible for the exter- mination now imminent. Trapping turkeys in pens — a very simple matter — has also accelerated the destruction of the species. William Brewster found the turkey breeding in North Carolina among the conifers at 5,000 feet altitude, and also in the hardwoods at low altitudes. Edward A. Preble, of the Biological Survey, dis- a Birds of the Northwest, p. 427, 1874. 6 Life Hist. N. A. Birds, [I], pp. 85-86, 1892. c The typical Meleagris gallopavo is restricted to Mexico ; but four geographic races have been recognized within the United States. These are the wild tur- key of the Eastern States and the Mississippi Valley {Meleagris gallopavo sil- vestris) ; the Florida turkey {M. g. oseeola) ; the Rio Grande turkey (M. g. intermedia) ; and the Merriam turkey of Colorado, New Mexico, Arizona, and the table-land of northern Mexico {M. g. merriami). WILD TURKEY. 49 covered a turkey's nest, in June, 1893, in Somerset County, Pa., which contained 14 eggs. William Lloyd states that the Texas turkey breeds twice a year. He found a nest. May 29, containing 8 eggs. The chicks, like those of the tame turkey, are very delicate, and are especially sensitive to wet. Audubon says that during wet weather they are fed by their mothers with the buds of spice bush, much as human youngsters are dosed with quinine." Wlien the chicks are 2 weeks old they fly up and roost on low branches with their mother. At this age they have weathered most of their early perils. During the last of December, 1902, along the Roanoke River, near the North Carolina line, the writer found turkeys in typical turkey country. Few of the plantations here are under a thousand acres, and many include three or four thousand. Along the river are low- lands, often flooded during high water. Several hundred yards far- ther back is a bluff, the old river terrace, which marks the beginning of the uplands. A part of this bluff, half a mile long by an eighth of a mile wide, consists of a slate outcrop, much elevated above the rest and varying from 50 to 150 feet above the river. It is locally known as ' the mountain,' and is heavily forested with pine and oak. The turkeys were found on the backbone of the ' mountain,' among white oak trees, where fresh droppings and places where the birds had scratched in the dry oak leaves to the depth of 2 or 3 inches were visible. So recently had the birds been there that the hunnis had not dried. The scratching places were from 15 to 18 inches in diam- eter and circular in shape. In the growth of white oaks there were fully fifty scratching holes, as many as five being found within one square rod, where the birds had made diligent search for acorns. A turkey dog was sent ahead and soon flushed a bird, which came flying by, looking like a giant ruffed grouse. All through the woods were turkey blinds, some made of young pine trees and others, more elab- orate, of logs. Most of the turkeys killed here are shot by calling them up to these blinds. In a patch of rank broomsedge and briers a 20-pound gobbler sprang into the air and was shot while making off in clumsy fashion. It had not had time to eat much, and the stomach and crop contained seven dipterous larvae, the remains of white-oak acorns, and about a hundred flowering dogwood berries. On the 15th of June, 1903, two broods of young about the size of game hens were seen. FOOD HABITS. The Biological Survey has examined, in all, 16 stomachs and crops of wild turkeys. These were collected during February, March, July, Sei)teniber, November, and December. They contained 15.57 percent o Ornitb. Biog., vol. 1, p. 7, 1831. 50 GROUSE AND WILD TtlBKEYS OF UNITED STATES. of animal matter and 84.43 percent of vegetable matter. The animal food consisted of insects — 15.15 percent — and miscellaneous inverte- brates, such as spiders, snails, and myriapods — 0.42 percent. Grass- hoppers furnished 13.92 percent, and beetles, flies, caterpillars, and other insects 1.23 percent. The 84.43 percent of the bird's vegetable food was distributed as follows : ' Browse,' 24.80 percent ; fruit, 32.98 percent ; mast, 4.60 per- cent; other seeds, 20.12 percent; miscellaneous vegetable matter, 1.93 percent. The wild turkey is very fond of grasshoppers and crickets. Wil- liam Hugh Robarts has observed a flock of a hundred busily catching grasshoppers.** Vernon Bailey, of the Biological Survey, killed a turkey at Corpus Christi, Tex., in May, 1900, that had eaten a large number of grasshoppers and a sphinx moth. During the Nebraska invasion of Rocky Mountain locusts. Professor Aughey examined the contents of six wild turkey stomachs and crops collected during August and September. Every bird had eaten locusts, in all amount- ing to 259.^ The wild turkey has been known also to feed on the cotton womi^" (Alabama argillacea), the leaf hoppers, and the leaf- eating beetles {Chrysomela suturalis). The grasshopper {Arnilia sp.) and the thousand-legs (Julus) form part of the turkey's bill of fare. Tadpoles and small lizards also are included. Besides the bird shot on the Roanoke, already mentioned, the stom- achs and crops of four other Virginia turkeys have been examined by the Biological Survey. One of these contained only small quartz pebbles. Another bird had eaten only a few grapes and flowering dogwood berries. A third had made a respectable meal. Ten percent of its food was animal matter and 90 percent vegetable. The animal part consisted of 1 harvest spider (Phalangidce) , 1 centipede, 1 thou- sand-legs [Julus), 1 ichneumon fly (Ichneumon unifasiculata) , 2 yellow- jackets {Vespa germanica), 1 grasshopper, and 3 katydids (Cy7'tophyllus perspicidatus) . .The vegetable food was wild black cherries, grapes, berries of flowering dogwood and sour gum, 2 chestnuts, 25 whole acorns (Quercus palustris and Q. velvtina), a few alder catkins, seeds of jewel weed, and 500 seeds of tick-trefoil (Meibomia nudiilora). Another turkey, also shot in December, had eaten a ground beetle, an ichneumon fly, 2 wheel bugs, 10 yellow- jackets, a meadow grasshopper, 75 red-legged grasshoppers, a few sour-gum berries, some pine seeds (with a few pine needles, probably taken accidentally), several acorns, a quarter of a cupful of wheat, and a little corn. a Am. Field, vol. 55, p. 42, 1901. 6 First Rep. Ent. Com., App. II, p. 46, 1878. c Fourth Rep. Ent. Com., p. 88, 1885. WILD TURKEY. 51 One turkey, collected December 23, 1899, in North Carolina, had eaten half a pint of dogwood berries. Its crop contained also a few pine needles. Four Florida wild turkeys also were examined. Nearly 100 percent of their food was vegetable. The animal matter was found in two birds and consisted of the useful predaceous ground beetle {Scarites subteri'an£us) and the injurious 12-spotted cucumber beetle {Diabrotica 12-punctata) ; also caterpillars {Hadena tnrhu- lenta), grasshoppers {3Ielanoph(8 arboreus and Arnilia sp.), 2 dragon flies {Libellula sp.), and 1 centipede. This is the only record of the first-mentioned grasshopper's occurrence in Florida. A third turkey had eaten half a pint of long-leafed pine seeds. Many of these seeds were germinating, and some of them had cotyledons more than an inch long. The Florida bobwhite also is very fond of these pine seeds. The same bird had eaten three thimblefuls of grass seed {Panicum minimum)^ 12 spicebush berries {Benzoin benzoin), 20 berries of the wax myrtle {Myrica cerifera), 2 live-oak acorns {Quer- cus virginiana) , and 15 acorns of the Spanish oak {Quercus digitata). Another turkey had taken 25 tubers of the ground nut (Apios apios) — some of them exceeding an inch in length — and the berries of false Solomon's seal {Polygonatwm sp.), southern tupelo, and wax myrtle. Half a pint of the fruiting panicles of a grass {Muhlen- bergia sp.) was taken from the crop of a New Mexican turkey shot in November in the Manzano Mountains. It had eaten also grass blades, seeds of cheat, pihon nuts, and seeds of other pines. Although grain was found in only one stomach, the writer observed turkeys on the Roanoke bottoms in December, 1903, feeding on corn after the crop had been harvested. During November and Decem- ber half of the food of the turkey is fruit. The kinds most frequently eaten include, besides those already mentioned, myrtle holly [Oreo- phila myrtifolia), mulberries, wild strawberries, blackberries, cedar ijerries, and holly berries. On San Francisco Mountain, Arizona, Dr. C. Hart Merriam found turkeys in August feeding on wild goose- berries. A month later, at the same locality, he found them living on piiion nuts." In Arizona E. A. Goldman found a flock of 150 young and old turkeys that roosted in one place. The gobblers were at this time in a separate flock. These birds were feeding on nuts of the piiion {Pinus edulis), a staple Indian food of the West. They ate also juniper berries {Juniper us utahensis).^ On the upper Gila River, New Mexico, in November, 1873, H. W. Henshaw found turkeys very numerous and feeding almost exclusively upon grass seeds and grasshoppers, the crops of many birds being fairly crannned with the former. Major Bendire says that the Florida turkey feeds on o N. A. Fauna, No. 3, p. 89, 1890. 6 Auk, vol. 19, p. 123, 127, 1902. 52 GKOUSE AND WILD TURKEYS OF UNITED STATES. white-oak acorns, chinquapins, chestnuts, pecan nuts, black persim- mons, fruit of prickly pear, leguminous seeds, all cultivated grains, and tender tops of plants.'' Wild turkeys feed also on mountain rice {Oryzopsis pringlei), mesquite beans, sedge, poa grass, and composite flowers. Florence Merriam Bailey, in writing of the wild turkey in New Mexico, says : ^ Mr. Vilas, a cattleman of the country, told us that in the fall they go down to the nut pine and juniper mesas In the Glorieta region and, gathering at the few springs that furnish drinking places, are shot by wagon loads by the Mexi- cans. The only specimen we obtained was taken July 27, at over 11,000 feet. Its crop and gizzard held mainly grasshoppers and crickets, but also grass seed, mariiH)sa lily buds, and strawberries, while its gizzai'd contained in addition a few beetles. The wild turkey consumes both insect pests and seeds of weeds, but now is nowhere abundant enough to have much effect on agriculture. The domestic turkey's habit of hunting grasshoppers and of ' worm- ing ' tobacco shows what might be expected from the wild species were it sufficiently numerous. a Life Hist. N. A. Birds, [I], p. 114, 1892. f-Auk, vol. 21, p. ;!52, 1904. INDEX Page. Alaska, ptarmigan, food values and snaring 44-45 Apple orchards, injnry by grouse 18.33 Blue grouse. tScr Dusky grouse. Bobwhite, compared with prairie hen, notes _' — 13, 14 A-alue to farmer 9 Bonasa umhcUun 2r(-38 Canachitc.s canadensis 38-40 frankJini 40 Cent race re us uropliasianKs 23-25 Colorado, law protecting ptarmigan 47 Conifers, foliage eaten by grouse and wild turkeys 34, 39, 40, 41. 42, 43. 48, 51 food of grouse, effect on flavor of Hesh 41 Corn, eating l)y wild turkeys 51 Dendragapas ohscurus 41-44 Dusky grouse, breeding habits 42 distribution 41 food for man, use 41 habits 41-44 of young 41.44 general 41-44 object of sport 41 vegetable food 42-44 Farming, relations of grouse and wild turkey 8. 9, 14, 4(», 52 Food, bird, effect on flavor of flesh, notes 25,34,37,39,40.41,46 habits, grouse, Dusk.v 41-44 Franklin 40 Ruffed 29-38 Sage 24-25 Sharp-tailed 21-23 Spruce 39^0 heath hen 18-19 prairie hen 13-18, 19, 20 ptarmigan 45-47 use of grouse 10-11.20-21,25,40,41.44,45,4(5,47,48 wild turkey 48 Fool hen. .Vce Franklin grouse. Franklin grouse, distribution, habits, quality of flesh 4<) Fruit buds, eating by grouse 18,33-34 eating by grouse and turkey 18,23,35-38,44,51 Game, destruction 7, 28, 45, 47, 48 laws '- 12,29,47 Galls, oak, eating by grouse . 31 Gooseberries, food grouse, effect on flavor of flesh 41 Grain, eating by grouse and wild turkey 17,20,22,24,31,51 Grouse, distribution, usefulness, various species of ITnited States 7-8 Dusky, distribution and general habits 41—44 forest regions, occiu'rence 8 Franklin. distril»ution and general habits 40 Kuffed, distribution and habits 25-38 Sage, distribution and general habits 23-25 Shari)-tailed, distribution and gener.-il habits 20-23 »SVy' also Heath hen and I'l-airie hen. Heath hen. disti-ibntion, food habits, and danger of extinction 18-10 Insect food, pr.-iirie hen and gi'ouse 14-15, 21-22, 29-;'1 wild turkeys p<^. ;">!. •j2 Insects, injurious, destructieu by grouse and turkeys 14,22,30,50 53 54 GROUSE AND WILD TURKEYS OF UNITED STATES. Page. Kentucky, oarly almndunce of grouse 12 Lacey Act, game protectiou 12 Lagopus lar/opiis 44-4<> leucunis 47—18 Iii/irstri.s 46-47 Laws protecting game 12,29,47 Lesser prairie hen, abundance, distribution, and food habits 19-20 Locusts destroyed liy grouse and turkeys 14,50 Marybxnd. trapping turkeys 48 Mast, eating by grouse and wild turkeys 31,52 Blelear/ris oallopavo 48-52 Minnesota, grouse, destruction,- 28 New England, destruction of turkeys 48 North Carolina, turkey hunting 49 Oats, destruction by grouse : 17,20,22,24,43 Partridge. Hce Bobwhite and Ruffed grouse. Pediocetes phasianeUus 20-23 Pheasant. See Ruffed grouse. I'lants eaten by grouse, list 35 Poisonous plants, effect of eating on tiesh of grouse . 34,35.36 Prairie hen, breeding habits, migration, description, distribution 10,20 domestication , 13 enemies 13 food for man. use 10-11 grain food 17 habits 13-18 of young 18 insect food 14—15 leaves, flowers, and shoots as food 17-18 Lesser, distribution and habits 19-20 man's ally 1_ 11 object of sport 11 propagation and preservation 11-13 vegetable food 15-18 Ptarmigan, Rock, distribution, value, and general habit.; 46-47 White-tailed, distribution and general habits 47—48 Willow, distribution, habits, and use as food for man 44-46 Quail. .Sec Bobwhite. Restocking, grouse and turkey, importance 9 Rock ptarmigan, distribution, value, habits 46-47 food for man, use 46 habits 46-47 Ruffed grouse, aesthetic value 27 breeding habits 26-27 buds and leaves as food 32-35 color differences 25 description, general habits, food, etc 25-38 distribution 25 domestication, problem 29 drunmiing Habits 26-27 enemies 28 food for man. use 28 habits 29-38 of young 38 fruit food 35-38 insect food 29-31 note 27 object of sport 28 preservation and propagation 28-29 vegetable food 31-38 Sage grouse, breeding habits and food habits 23-25 distribution 23 domestication 25 food for man, use 25 habits 24-25 propagation . ,_„ , 25 INDEX. 55 Page. Seeds, eating by grouse IG, 32, 40 Sharp-tailed grouse, breeding habits 20 description 20 distribution 20 food for man, use 20-21 habits 21-23 habits, general 20-21 insect food 21-22 vegetable food 22-23 Spice bush, food of turkey 49 Spruce grouse, jiesthetic value 40 breeding habits 39 distribution, food habits 38-40 drumming 39 food for man, use i 40 habits 39-10 object of sport 40 relation to agriculture 40 State game laws 12,29,47 Sumach, prairie hen food 16 Texas, destruction of prairie hen 20 Tobacco, "worming," by turkeys 52 Turkey, tame, origin 8 wild, abundance 8-9 breeding 48-49 destruction 9,48,52 distribution 8-9, 48 food for man, use and value 48 habits 49,52 insect food 50,51,52 relation to agriculture 9,52 shooting from blinds 49 species 8-9,48 vegetable food 50,51,52 Tympanuclius americanus 10-18 cupido . 18-19 palU(licincti(.'<: 19-20 Vegetable food, grouse, and turkey 15-17,22-23,31-38,42-44 Weeds, destruction by grouse and turkey 16, 22, .52 Wheat, eating by grouse 17,20,22,24 White-tailed ptarmigan, breeding habits 47 distribution 47 food for man 47 habits 47-48 hal)its, general 47 legislation 47 Whortleberry, effect oi eating, on flesh of grouse. — 41 Wild turkey, abundance 48 breeding habits 48-49 • decrease in numbers 9.48 distribution 9, 48-49 food for man, use 8,48 habits 49-.52 habits, general 48-49 Willow ptarmigan, abundance 44-45 bi-eeding habits ■ 45 distribution 41-45 food for man, use 44-45 habits 41-15 habits, general 44-45 snaring, method 45 o P7-: U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 25 BIRDS THAT EAT THE COTTON BOLL WEEVIL A REPORT OF PROGRESS BY ARTHUn H. HOA^^ELL WASHINGTON GOVERNMENT PRINTING OFFICE 1906 U. S. DEPARTMENT OF AGRICULTURE BIOLOaiCAL SURVEY— BULLETIN No. 25 BIRDS THAT EAT THE COTTON BOLL WEEVIL A REPORT OF PROGRESS BY ARTHUR' H. HOWELL WASHINGTON GOVERNMENT PRINTING OFFICE 1906 LETT1^:R of TRANSMriTAL U. S. Department of Agricui.ture, Biological Survey, Washington, D. C, May 3, 1906. Sir: I have the honor to transmit herewith for pubHcation as Bul- letin No. 25 of the Biological Survey a report of progress relating to the birds that feed on the boll weevil, by Arthur H. Howell. As a result of work in 1905 our knowledge of the part birds play in the destruction of the pest has been considerably extended, and several additions have been made to the list of species known to prey upon the boll weevil. The protection of these by law" is earnestly recom- mended. Respectfully, C. Hart Merriam, Chief, Biological Survey. Hon. James Wilson, Secretary of Agriculture. 3 CONTENTS. Page. Introduction 7 Progress of the investigation 7 Comparison of summer and winter conditions 8 Summary of results 8 Status of the species of birds known to eat the boll weevil 10 Results of observations in 1905 15 Status of the boll weevil 15 Conditions of bird life in the summer of 1905 16 Summary of observations in 1905 16 Schedule of stomach examinations 21 5 BIRDS THAT EAT THE COTTON BOLL WEEVIL. INTRODTJCTION. The problem of controlling the ravages of the cotton boll weevil in the United States is of such moment that it is being studied by the Department of Agriculture from a number of different standpoints. One of these is the relation of birds to the weevil. Accurate informa- tion as to the value of our native birds as destroyers of this pest is of considerable importance to the cotton grower, but such information can be obtained only by means of careful and continued observation in the field, supplemented by study of the stomach contents of the birds. Field observations alone, unverified by stomach examinations, have proved unreliable. Birds may be observed picking insects from cotton plants, but it does not follow that the insects are boll weevils; nor is the statement that boll weevils have been found in birds' stomachs, if made by persons unaccustomed to the identification of insects, to be accepted as conclusive. Insect remains in a bird's stomach are nearly always in a more or less disintegrated condition, so that identification of the species is difficult and requires the services of a specialist. Investigation of the problem was begun by the Biological Survey in the fall of 1904 under the direction of Vernon Bailey. The results of this study, with a summary of work done by the Bureau of Entomology, were published in a special bulletin by Mr. Bailey in 1905. '^ Stomachs of 38 species of bixds were examined, and 11 species were found to have eaten boll weevils. The number of species known to feed on the weevil was increased to 20. PROGRESS OF THE INVESTIGATION. During 1905 investigations were continued by the Biological Survey, and particular attention was devoted to the seasons about which least was known — namely, the period from February to October.'' The a Bulletin 22, Biological Survey. «> Field work was carried on by James H. Gaut in three localities in Texas for periods aggregating nearly six weeks, as follows: At Hempstead, Februaiy 21 to March 3; at East Bernard, May 2 to 17, and at Columbus, May 18 to June 1. A considerable number of birds' stomachs were obtained by him, but as no traces of the boU weevil were found in any of them thev are not considered in the present bulletin. 7 8 BIRDS THAT EAT THE COTTON BOLL WEEVIL. work was taken up by the writer early in July and continued until October 20. Stomaclis of 62 species of birds were collected and examined, of which 12 species and 108 individuals were found to have eaten boll weevils. "- Detailed results of the summer observa- tions will be given later. COMPARISON OF SUMMER AND WINTER CONDITIONS. During the growing season of cotton the adult weevils are concealed the greater part of the time on the buds, or 'squares, ' where the enfold- ing bracts afford almost complete protection from most of their enemies; this fact largely explains why comparatively few weevils are eaten by birds during the summer months. The amount of time they spend on the wing and the distance they fly from place to place are not well known, but it is only during the period of maximum infestation that any considerable proportion of the insects can be found in exposed situations. After the first hard frost, weevils begin to leave the cotton plants and seek sheltered places in which to hiber- nate. During this period their numbers are materially reduced, but in favored seasons many weevils successfully pass the winter in their retreats. Rubbish piles about the borders of fields apparently furnish the most desirable hibernating quarters, and in such situations the weevils are exposed more or less to the attacks of ground-feeding birds. They are said to make use also of the hiding places afforded by the cotton and corn stalks which have been left standing. Investigations thus far made show that while fewer weevils are destroyed by birds in winter than in summer, the number of species of birds that feed upon them in winter is somewhat greater. The birds which eat boll weevils in winter and spring and up to the time of the breeding season of the insects are more important economically than those which eat them in summer, for the reason that during the season of nonactivity of the weevils a relatively long period must elapse before they can make good the losses in their numbers, while during the breeding season weevils multiply with astonishing rapidity. SUMMARY OF RESULTS. As a result of the investigation of the relations of birds to boll weevils, details of which are given on succeeding pages, 28 species have been ascertained to feed on the weevil, as follows: Killdeer. Least flycatcher. Quail. Cowbird. Nighthawk. Red-winged blackbird. Scissor-tailed flycatcher. Meadow lark. Phcebe. ^ Western meadow lark. ' a Examination of the stomachs was conducted in the laboratory by Prof. F. E. L. Beal andW. L. McAtee. SUMMARY OF RESULTS. 9 Orchard oriole. Pyrrhuloxia. Baltimore oriole. Painted bunting. Bullock oriole. Dickcisscl. Brewer blackbird. White-rumped shrike. Great-tailed grackle. American pipit. Savanna sparrow. Mockingbird. Lark sparrow. Brown thrasher. White-throated sparrow. Carolina wren. Cardinal. Black-crested titmouse. Thirteen of the above species fed on the weevil during the summer months, and 17 during the winter months, 2 species feeding upon the insect both in summer and winter. About 18 percent of the stomachs of these birds contained boll weevil remains, and the total number of weevils eaten by them amounted to 40 percent of the number of birds examined. The orioles prove to be the greatest destroyers of weevils in summer, and their near relatives, the blackbirds and meadow larks, in winter. Orioles, because of their bright plumage, have until recently been extensively used for millinery purposes, and thus their numbers have l:)een much reduced. Thousands were slaughtered, not alone in the United States, but in Central America, where they pass the winter. In view of their great value as weevil destroyers every effort should be made to prevent their destruction for any purpose whatever. The same suggestion applies with almost equal force to the nighthawk, which is strictly insectivorous and is shown to be an enemy of the boll weevil. During the migrations the nighthawk occurs in certain sections of the South in great numbers and is frequently shot wantonly or for food. The bird should everywhere and at all times be protected. In the case of an insect so destructive as the boll weevil, which has thus far defied all attempts at restraint and is steadily extending its ravages into new territory, every natural check to its increase should be encouraged. Though the extent of the services rendered by the avian enemies of the insect may sometimes seem small or even insig- nificant, in reality their cumulative effect is very important. Birds are not the least important of the boll weevil's natural ene- mies, and every species ascertained to feed on it should be protected at all times and places, not only in the cotton-producing area, but along their migration routes. Of the birds known to eat the weevil the following are at present not protected in Texas: Killdeer j)lover, cow- bird, red-winged blackbird, Brewer blackbird, and great-tailed grackle, or 'jackdaw.' Others, including some of the most valuable species, though protected by statute, are often wantonly destroyed through ignorance of the important work they perform. There can be no c^uestion as to the usefulness of the killdeer, and it should be included among the species protected at all seasons. The economic position of the various species of blackbirds is not so 31019— No. 25—0(5 2 10 BIRDS THAT EAT THE COTTON BOLL WEEVIL. clear. A study of their food made by Prof. F. E. L. Beal shows that some species, notably the Brewer blackbird and the great-tailed grackle, may at times be injurious to corn and other grain. However, the season in which blackbirds render the greatest service in destroying boll weevils, namely, winter and early spring, is not the season when they are likely to damage growing crops. And, furthermore, a very large proportion of the blackbirds leave Texas during the summer months. It seems, therefore, that in protecting them in winter, when they visit the cotton fields, the farmer is making no mistake. In addition to protective bird laws the whole community should be informed as to the value of insectivorous species, with a view to the cultivation of popular sentiment in favor of their preservati on. With- out this sentiment, and the resulting cooperation on the part of the people, protective laws are of little value. STATUS OF THE SPECIES OF BIRDS KNOWN TO EAT THE BOLL WEEVIL. In the summary which follows, the results obtained by previous investigations are combined with those secured during the past season, thus bringing together all that is at present known concerning the relations of birds to boll weevils. The tables at the close furnish a partial list of the birds which have been examined in the course of the investigations, arranged according to the seasons, and show at a glance the species that have eaten weevils, the number of individuals of each species eating weevils, and the number of weevils eaten. ORIOLES. (Icterus.) Observations carried on in 1905 indicate that in summer the birds most useful in destroying boll weevils are the three species of orioles occiu-ring in the cotton belt of Texas — the orchard oriole, the Balti- more oriole, and the Bullock oriole. Of these the orchard oriole, although apparently less numerous than the Bullock oriole, is more generally distributed over the cotton-growing area, and is also the one which is the most successful weevil destroyer. Of the 84 specimens of tliis bird examined, 26, or about 31 percent, had eaten boll weevils; the total number of weevils taken by the 26 birds was 47, an average of nearly 2 to a bird, or 56 percent of all the birds examined. The Baltimore oriole occurs as a summer resident in Texas only in the extreme northern and eastern portions, but during the migrations it is common throughout the State as far west at least as Karnes County. The 27 stomachs examined were taken between August 31 and September 22; six of them contained boll weevils, the total number of weevils found being 10, which is 37 percent of the numbec of birds examined. BLACKBIRDS AND MEADOW LARKS. 11 The Bullock oriole is abundant in western Texas, but is not found much to the eastward of the longitude of Corpus Christi. It is abun- dant at Beeville and Runge, but is very rare at Cuero. Of the 144 specimens examined, 39, or about 27 percent, had eaten weevils; the total number of weevils eaten was 131, which is an average of more than 3 to a bird, or 91 percent of the number of birds examined. All three species of orioles are migratory and spend only the spring and summer months in Texas. They usually arrive from the south between the 10th and 20th of April and depart late in September. It is unfortunate for the cotton growers that these useful birds do not remain in the State throughout the year, and it is likewise unfortunate that over the greater part of the cotton belt only one species, and that the smallest, is regularly found. BLACKBIRDS AND MEADOW LARKS. The blackbirds and meadow larks, which belong to the same family as the orioles {Icteridse), seem to occupy a position complementary to that of the orioles as boll weevil destroyers — that is to say, they con- tinue during the winter the good work which the orioles do in the summer. Nine species of this group occur abundantly in Texas in winter, and six of these are known to eat the boll weevil. The meadow larks are represented by several slightly different forms or species, but since the food habits of all are practically identical they may be considered together. Two hundred and fifty-seven specimens have been examined, and of these, 40, or 15 percent, had eaten boll weevils, the total number of weevils eaten being 50. Examination of the records of the larks collected by Bailey in November and December discloses an interesting fact, namely, that about as many vs^eevils were taken by them before the first hard frost as after the frost. This shows that the larks are able to find the weevils while they are feeding on the cotton plants as well as while they are hibernating, and indicates that wherever the larks occur in sununer in the cotton belt they may be depended on to assist in the destruction of weevils. The greater portion of central and southern Texas is, however, deserted by the larks during the breeding season and until the middle or latter part of October. None were seen by the writer at any of the localities visited in the summer of 1905, except on the prairies between Richmond and Columbus. Four species of blackbirds are known to consume boll weevils, the most important of which seems to be the Brewer blackbird {Eupliagus cyanocephalus) . Ten stomachs of this bird were examined by assist- ants of the Bureau of Entomology, and five of them contained a total of 11 boll weevils. This is the only species collected in winter in which the number of weevils eaten averages more than one to a l)ird. and if further investigations show this ratio to be the rule these blackbirds 12 BIRDS THAT EAT THE COTTON" BOLL WEEVIL. must be considered among the most useful of the winter visitants to Texas. The big 'jackdaw/ or great-tailed grackle {Megaquiscolus major macrourus), was found to capture boll weevils in February, two of the eight birds taken in that month having eaten one w^eevil each. Six stomachs of the bird taken in summer contained no weevil remains. The red-winged blackbird (Agelaius phceniceus) shows a smaller percentage of vveevils taken than most of the other species of this family, but the enormous numbers of these birds Avliich visit the cotton fields during the migrations give to their work a place of some importance. Sixty-three stomachs, nearly all taken in the fall and winter, have been examined, and two of them contained boll weevils. The cowbird (Molothrus ater) is the only blackbird known to eat weevils both in summer and winter, but the mmiber consumed in each case is small. Forty stomachs of this bird collected in winter showed onlv 1 weevil in the contents, and 54 stomachs taken in summer showed three containing 1 weevil each. SPARROWS, GROSBEAKS, ETC. (Fringillidx.) The members of this family are among the most abundant and gen- erally distributed of Texas birds. Five species have been collected during the summer months and nine during the winter months. All five species taken in summer were found to have eaten the boll weevil, but in nearly every case the consumption of weevils was small. The only species which seems to feed upon them regularly at this season is the painted bunting, and considering the abundance of these birds and the fact that they feed extensively in the cotton fields, they must be considered an important factor in reducing the numbers of weevils. Eighteen birds, or nearly 17 percent of the number examined, had eaten boll weevils, but in only one instance was more than one weevil taken by a single bird. The other species of this family which feed upon the weevil in sum- mer are the western lark sparrow, the dickcissel, the cardinal, and the pyrrhuloxia; in winter, the white-throated sparrow and the western lark sparrow. The number of weevils eaten by all of these is insig- nificant. FLYCATCHERS. {Tyrannidse.) About ten species of flycatchers occur commonly in Texas, but only six of them are summer residents. Since these birds habitually cap- ture their prey on the wing, they would not be expected to destroy large numbers of boll weevils, which, except during their annual NIGHTHAWK AND QUAIL. 13 migration, fly but little. Two species have been found to capture the weevils in summer and one species in winter. The least flycatcher does not breed in the State, but is present in small numbers during the migration in August and wSeptember, and probably also in spring. In spite of its small size and aerial feeding habits the number of weevils eaten by this bird amounts to over 100 per cent of the number of birds examined, or an average of more than two weevils to each bird eating them. The scissor-t ailed flycatcher, although an abundant species, appar- ently destroys very few boll weevils. Only 4 of the 64 birds examined had eaten weevils, the total number of weevils eaten being 6. The phoebe is the only flycatcher which passes the winter months in Texas. Thirteen stomachs taken in November and December have been examined, three of which contained one boll weevil each. This bird does not occur in Texas during summer. NIGHTHAWK. {Chordeiles virginianus henry i.) The number of stomachs of this bird examined is too small to definitely settle its status as a boll weevil destroyer, but the fact that two of the four birds examined had eaten weevils, one having taken six weevils at a meal, indicates that the species is probably, at least at certain seasons, one of the most important enemies of the pest. This evidence should serve as an effective argument in favor of the preservation of the nighthawk. These birds, commonly known as 'bull bats,' are often killed for food, particularly in Louisiana, Florida, and other Southern States, and they frequently serve also as targets for sportsmen who wish to try their skill as wing shots. In view of their importance as insect destroyers, nighthawks should at all times be rigidly protected. QUAIL, OR BOBWHITE. {Colinus virginianus texanus.) Much has been written concerning the quail as a destroyer of boll weevils, and many persons believe that it consumes them in large numbers. Stomach examinations, however, fail to substantiate this theory, for among 144 stomachs examined only one contained a boll weevil. The bird that ate this one was killed at Seguin in November by Vernon Bailey. There is still one season of the year during which the quail has been imperfectly studied, namely, the period from January to June, inclusiive, and it is possible that investigation during those months may result in a different showing for the l^ird. The ground-feeding habits of quail make it practically certain that few if - any boll weevils are taken by them in summer. 14 BIRDS THAT EAT THE COTTON BOLL WEEVIL. KILLDEER. {Oxyechus vociferus.) One killdeer taken in February was found to have eaten three boll weevils. Further observations at the same season may not improb- abl}^ produce additional evidence of this bird's value as a weevil destroyer. The killdeer frequents plowed fields, often in large num- bers, and the destruction of weevils at the period of spring plowing is a highh^ important service. The present game law of Texas affords no protection to this bird, a defect which should be remedied by legislation. Meanwhile an enlightened public opinion should serve to prevent its destruction for any purpose. MOCKINGBIRD. {Mimus polyglottos.) In view of the abundance of the mockingbird in and about the cotton fields, both in winter and summer, a study of its food habits with relation to the boll weevil is especially important. Sufficient data were obtained in the summer of 1905 to demonstrate that this bird feeds only sparingh" upon the weevils at that season. Of the stomachs examined, only four, or about 5 per cent of the total number, contained boll weevils. Specimens taken in winter are too few to furnish conclusive evidence as to the mockingbird's value at that season. Only 11 winter specimens have been examined, and of these 2 contained 1 boil weevil each. OTHER SPECIES. There remain to be mentioned five species of birds, belonging to as many different families, which have been found to eat the boll weevil. They are the white-rumped shrike, the American pipit or titlark, the brown thrasher, the Carolina wren, and the black-crested titmouse. The most usefid of these seem to be the titlark and the Carolina wren. The importance of both has been emphasized by Mr. Bailey in a previous bulletin, and no additional evidence has since been obtained. The titlark {Anthus pensilvanicus) is an abun- dant winter resident, and of the eight specimens collected three had eaten boll weevils. The Carolina wren {TJiryothorus ludovicianus) is common in winter, but rather rare in summer. Of the seven birds killed in winter five had eaten boll weevils. The white-rumped shrike, or ' loggerhead ' {Lanius ludovicianus excu- hitorides), was ascertained by assistants of the Bureau of Entomology to feed on boll weevils, two birds taken in December having captured one and four weevils, respectively. Examination of additional mate- OBSERVATIONS IN 1905. 15 rial, including nine stomachs taken in summer, furnishes no additional records of boll weevils eaten by this bird. The two remaining species, the brown tln-asher and the black- crested titmouse, find a place in the list of boll weevil destroyers on the strength of having eaten a single weevil each. RESULTS OF OBSERVATIONS IN 1905. STATUS OF THE BOLL WEEVIL. The winter of 1904-5 was unusually severe in Texas, and the spring was remarkable for excessive rainfall over a large part of the cotton-growing area of the State. The months of July and August were characterized by extremely hot, dry weather. To what extent the winter climatic conditions reduced the numbers of weevils it is difficult to state, but it is certain that during the spring arid early summer of 1905 weevils were much less numerous than they usually are at that season. This is shown both by the comparatively slight amount of damage done to the cotton crop during the early part of the growing season and by the small number of adult weevils found in July in many cotton fields known to have been seriously infested at a corresponding date in 1904. The entire absence of boll weevil remains from the stomachs of many species of birds known to eat the boll weevil, taken in February, March, and May, also indicates the extreme scarcity of the weevils at that season. Gaut examined several thousand young cotton plants at Columbus in May and was unable to find a single weevil. The ^vriter visited the same locality the last week in July and found the infestation even then very slight. This was true of a number of other widely separated localities visited during June and July. It is a well-established fact that dry, hot weather during the summer months is extremely effective in checking the increase of boll weevils, and their scarcity during the summer of 1905 is partially explained by the prevalence of such weather. While in some localities during the late summer, weevils increased sufficiently to do a moderate amount of damage, at other localities which had suffered greatly from their ravages in 1904 the damage during 1905 was inconsiderable, and even as late as September very few adult weevils could be found at these localities. The entire season, therefore, was not favorable for obtaming con- clusive results with regard to the relations of birds and weevils. Observations during a season in which weevils are more abundant would doubtless show a larger number of species of birds feeding upon them and a greater number of weevils consumed per bird. 16 BIRDS THAT EAT THE COTTON BOLL WEEVIL. CONDITIONS OF BIRD LIFE IN THE SUMMER OF 1905. Birds were abundant at only two localities visited in the summer of 1905, At three localities they were moderately numerous, while at five localities they were very scarce. During the month of July, wliich includes the last part of the breeding season of most species, they were scarce at all localities visited. At Gurley, Texas, on July 20, a count was made of all the birds seen to visit a large cotton field in the river bottom, bordered on two sides with woods and thickets. Forty individuals of 10 species were noted in about six hours in the area under observation, which included about 100 acres. This result is fairly typical of conditions prevailing in other localities visited during the same month, except in regions where the presence of cot- ton worms offered an especially attractive food supply. The greater part of August and September was spent at two locali- ties in the arid mesquite belt of Texas — Beeville and Runge — and here birds, both resident species and migrants, proved to be abun- dant. Between September 23 and October 20 a number of different localities were visited, from Medina County on the west to Waller and Grimes counties on the east, and at every place a marked scarcity of bird life m and about the cotton fields was noted. Peculiarities in the distribution of the food supply, not as yet well understood, proba- bly account in a measure for this scarcity. The tendency of certain species of birds after the breeding season to wander in search of food is quite pronounced. This habit is well illustrated by observations on the varying abundance of cuckoos, mentioned later. SUMMARY OF OBSERVATIONS IN 1905. Cuero, July 6-7. — At this time the cotton plants were in fine con- dition, 3 to 4 feet high and fidl of blossoms and bolls. Weevils were very scarce, some fields being moderately infested and others not at all. No adult weevils could be found, and the average number of larvae in fallen squares was about 12 to every 100 hills. Birds were not abundant, and practically the only species seen feed- ing among the cotton plants was the orchard oriole. Of this species only one small flock was seen, and but one of those taken had eaten a boll weevil. Gurley, July 10-22. — Cotton was in about the same condition here as at Cuero the previous week, perhaps a little less advanced. Weevils were more abundant than at Cuero, though it was practi- cally impossible to find adults. Forty hills in the worst infested fields were carefully searched without finding a single individual. Exami- nation of all the fallen squares under 20 hills produced 34 larvae, 4 of wliich were dead. Birds were fairly common, and the following species were seen in the cotton fields: Quail, downy woodpecker, scissor-tailed flycatcher, OBSERVATIONS IN 1905. 17 wood pewee, orchard oriole, lark sparrow, cardinal, painted bunting, purple martin, and mockingbird. The orchard oriole and the painted bunting were the most numerous and were the only ones seen feed- ing among the cotton plants. Of the stomachs examined from this locality only about 5 percent contained boll weevil remains. Four of the 18 orchard orioles examined had eaten a total of 6 boll weevils, and 2 of the 20 painted buntings examined had eaten 1 weevil each. Cameron, July 24-26. — Cotton was in the same flourishing condition here as at Cuero and Gurley. Weevils were by this time quite numerous. Twenty-five hills of tall cotton in a bottom-land field were searched and 9 adult weevils found, most of them crawling on the upper part of the stalks. Over 50 percent of the squares in this field were infested. Birds were rather scarce, the only species which were at all numer- ous in the cotton fields being the orchard oriole, lark sparrow, scissor- tailed flycatcher, and quail. Of the 9 orchard orioles taken, 4 had eaten a total of 7 weevils. One painted bunting and 1 least flycatcher were taken, each of which had eaten a boll weevil. Columbus, July 28-29. — Cotton was well advanced here, as at localities previously visited, but many of the fields had been attacked by the cotton leaf-worm, which proved to be very attractive food for the birds. Weevils were very scarce, some fields being very slightly infested, others containing from 5 to 10 percent of infested squares. Birds also were rather scarce, the only species seen in any numbers being the orchard oriole. Of 8 orioles examined, 2 were found to have eaten 1 weevil each. Beeville, August 3-22. — During this period cotton picking was in full progress, and although in some fields the dry weather was beginning to retard the formation of new buds, many blossoms were opening every day. Weevils were abundant and quite evenly distributed. On August 7 the fallen squares were collected from 20 hills of cotton, and in them were found 74 weevil larvae, 39 of which were dead, evidently as a result of the hot weather. On August 20, 50 hills were examined for adult weevils, and 43 individuals found. The cotton leaf-worm had appeared only in very small numbers and in isolated spots. Birds were abundant about the borders of the fields, in the mesquite thickets, and along roadsides. Large numbers of certain species also visited the cotton fields daily. Of the birds collected here, about 15 percent had taken the boll weevil, 41 individuals of 8 species having eaten a total of 129 weevils. During the early part of the month (August) the most abundant species of bird in the cotton fields was the painted bunting (Cyanosjyiza ciris). From 100 to 200 of these birds were seen in a single field nearly every morning. After about 18 BIRDS THAT EAT THE COTTON BOLL WEEVIL. the middle of the month, however, their numbers became much reduced, and by the 20th the average number seen in a day was not over 15. To some extent they fed on the ground, but spent much time chmbing among the cotton stalks. They were partial also to weed patches. Thirteen birds, or about 15 percent of those examined, had eaten weevils, only one having taken more than a single weevil at a meal. Even more abundant than the painted bunting was the lark sparrow (CJiondestes grammacus strigatus), but unfortunately its ground-feed- ing habits preclude the possibility of its destroying the boll weevil on a large scale. Lark sparrows fairly swarmed along roadsides and in the more open portions of cotton fields, but only one of those examined contained a boll weevil. The dickcissel {Spiza americana), another of the native sparrows, having habits somewhat similar to those of the lark sparrovv, was found in the cotton fields in considerable numbers. Its record as a weevil consumer was somewhat better than that of the lark sparrow, for of the 19 birds examined 2 had eaten 1 weevil apiece. One of the commonest birds at Beeville was the handsome pjTrhu- loxia {Pyrrhuloxia sinuata texana), a large, thick-billed sparrow or oTosbeak, related to the cardinal. The favorite haunts of these birds are the mesquite thickets, but they not infrequently visit the cotton fields. Two of those collected had each eaten a boll weevil. The birds which proved to be the most important enemies of the boll weevil were the Bullock oriole (Icterus hullocki) and the orchard oriole (Icterus spurius), but unfortunately neither of these was very abundant. The orchard oriole, as in other localities where observa- tions were made, habitually fed among the cotton stalks. Seven- teen individuals were collected, and of these, 8 had eaten a total of 23 weevils. The largest number taken by a single bird was 7, and another had taken 6. The Bullock orioles, though more numerous than their smaller cousins, were seen less frequently in the cotton, their favorite haunts being the mesquite thickets. Twenty-seven individuals were collected in and near the cotton fields, and of these 27 birds 12 had eaten a total of 80 weevils. The greatest number eaten by a single bird was 41, and 2 others had eaten 11 and 9, respectively. These three birds, all of which were adults, were taken, together with five young birds, about 9 a. m. on August 16, while feeding in a cotton field. Of the five young, one had eaten two weevils and another three. These records would seem to show that the orioles know perfectly well where the weevils hide and seek them as a chosen article of food. At this season practically all the weevils are concealed beneath the enfolding bracts of the buds, or 'squares,' and it is improbable that a bird could capture as many as 41 during a single morning without opening the bracts in search of them. It OBSERVATIONS IN 1905. 19 is significant also that the adult orioles, naturally having a better idea of where to hunt for weevils, consumed a much larger number of them than the young ones. In addition to the four species of sparrows and two species of orioles found feeding on the weevils, there were also two species of flycatchers which captured them in small numbers. The scissor-tailed flycatcher ( Muscivoraforjicata) , though quite numerous in the pastures and along roadsides, visited the cotton plants very infrequently. Eleven indi- viduals were collected, one of which had taken two boll weevils, and this one, strangely enough, was taken in a mesquite pasture at some distance from the cotton fields. The least flycatcher (Empidonax minimus), which was present in small numbers as a migrant, was occasionally seen to visit the cotton stalks, and of the three individuals collected two had taken boll weevils, one having eaten four, the other, one. In addition to the birds already mentioned, the following species were more or less numerous in the cotton fields: Mockingbird, quail, yel- low warbler, great-tailed grackle, cardinal, and curve-billed thrasher. Runge, August 23-September 5; September 11-23. — During the first half of this period the grosvth of cotton had practically ceased, as the result of protracted drought. During the latter half, after a few light showers, the cotton plants began to put forth new buds and leaves. The cotton leaf -worms were very abundant at this locality; nearly all the fields had been attacked by them, and over large areas the plants had been entirely denuded of leaves and buds. Weevils were quite abundant, but by reason of the ravages of cotton worms they had been forced to concentrate on the small patches of cotton containing leaves and buds. In such places they averaged about 2 weevils to a hill, the greatest number found in one spot being 19 on 5 hills. In the fields where cotton worms were still at work the weevils averaged about one to every two hills. Birds were abundant in and about the cotton fields, and in the mes- quite thickets. Cotton worms furnished a much more attractive and easily obtained food supply for the birds than weevils, as was shown both by field observations and by stomach examinations. Birds were much more numerous in fields infested with the cotton worms than in those wliich were uninfested, and in the case of certain species their presence or absence in a given locality was largely determined by the abundance of these insects. Tliis was notably true of the yellow-billed cuckoos, which on August 23 were found in large num- bers about an isolated field where cotton worms were abundant; but on September 2, after this brood had all pupated, not a single cuckoo could be found there, although they were still numerous in fields a few miles away. Cotton worms were contained in the stomachs of nearly every species of bird collected at Runge, and they formed a large percentage 20 BIRDS THAT EAT THE COTTON BOLL WEEVIL. of the food of many species, notably the cuckoos, orioles, and mock- ingbirds, wliich were the commonest birds in the fields. The con- sumption of weevils by the birds therefore was probably less than it would have been had there been no cotton worms. Nine species of birds were found feeding on weevils in tliis locality, 52 individuals, or more than 12 percent of those examined, having eaten a total of 88 weevils. As in other localities ^asited, orioles were the greatest consumers of weevils, although the proportion of weevils to birds killed was larger in the records of the nighthawk and of the least flycatcher. The nighthawk (Chordeiles virginianus henryi) was quite numerous, but unfortunately it was not suspected of eating weevils, so that only four specimens were taken. Of these, 2 had eaten weevils ; one col- lected on August 25 had eaten 6, and one on September 15, one wee- vil. The first of these was shot while flying over a cotton field, the other while resting on a tree, both at about 10 a. m. In the first instance 2 of the 6 weevils were almost entire, showing that they had been captured only a short time before. Since these birds invariably feed on the wing, the weevils must have been flj'ing at the time they were captured. The least flycatcher was present in small numbers, and 4 individuals were taken, 2 of wliich had eaten weevils — one eating 4, tlie other, one. The scissor-tailed flycatcher, a much more abundant species, cap- tured only a small number of weevils. Of the 30 individuals collected, 2 had eaten a total of 3 weevils. Three species of orioles were present at this locality — the orchard oriole, the Baltimore oriole, and the Bullock oriole, the last being the most abundant and also the greatest destro^^er of weevils. Of 30 orchard orioles examined, 7 had eaten a total of 8 weevils. In this portion of Texas the Baltimore oriole is a migrant only. The first arrivals from the North were seen on Sep'tember 13, and during the next ten days they were common. Five of those examined had eaten a total of 9 weevils. The Bullock oriole is a common breeder here, and they were still numerous at the time of the writer's departure. Although partial to mesquite trees, they were occasionally seen in cot- ton fields, and the stomach examinations show that about one-fourth of those killed had eaten weevils. In all, 27 stomachs of this bird were found to contain a total of 51 weevils, the largest number eaten by a single bird being 5. The small percentage of weevils taken, in com- parison with the number taken by the same species at Beeville, is explained by the greater abundance of cotton worms at Runge. Practically all the orioles of the three species taken at the latter place had eaten either the caterpillars or the chrysalids of the cotton worm, and these insects formed more than 80 percent of their food. Both the cardinal and the painted bunting werci found to be eating the weevils, but neither species was abundant. Four cardinals were SCHEDULE OF STOMACH EXAMINATIONS. 21 ■ examined, 2 of which had eaten a weevil. Fourteen painted bunt- ings were taken, 2 of which had hkewise eaten 1 weevil apiece. Mockingbirds were very common, and many were seen in the fields feeding on cotton worms. Twent^^-nine specimens were collected, 3 of which had taken 1 weevil apiece. Other localities. — During September and October five additional localities were visited, as follows: Castro ville, September 25; Seguin, September 26-29; Matthews, Colorado County, September 30-Octo- ber 4; Hempstead, October 6-9, and Xavasota, October 10-16. Cuero was also revisited September 6-9 and Gurley, October 17-20. At these localities, with the single exception of Cuero, weevils were found in considerable numbers, but at most places birds were remarkably scarce, and the stomachs of those collected contained no weevil remains. At Matthews, in the Colorado River bottoms, red- winged blackbirds and bronzed grackles were abundant, though com- paratively few of them fed in the cotton fields. SCHEDULE OF STOMACH EXAMINATIONS. In the following lists are enumerated all the species thus far exam- ined in connection with boll-weevil investigations. « Record of birds examined which had eaten boll weevils. DuringJan., Feb., and Mar. DuringApr., Ma> , and June. During July, Aug., and Sept. During Oct., Nov., and Dec. Species. CO ^ c O X 2 n OS O X 5 a> 6 — c ^1 CO ll 7^^ M.2 — .* ■A OJ O t; oS 0.2 1 Ill O X I OS OS ^1 1 3 4 36 4 62 1 108 "i' 1 Wootorn nicrhtViQ\x7lr ( Chnrrlfil P'i 7' hfTiTHi^ 2 4 7 6 1 13 3 3 10 54 11 5 3 11 3 16 3 3 1 1 24 Red-winged blackbird {Agelaius phoeniceus) . . . Meadow lark (Sturnella magna and subspecies) 49 183 2 28 12 2 ,32 .... 66 18 84 27 144 26 6 39 47 10 131 Brewer blackbird {Euphagus cyanocepkalus) . . Great-tailed grackle ( Megaquiscalus major ma- 5 8 3 2 9 2 5 2 18 2 2 2 6 Western savanna sparrow (Passerculuss.alau- 1 Western lark sparrow (Chondesles grammacus 3 51 1 1 White-throated sparrow (Zonotrichia albicollis) 9 9 1 25 53 107 23 9 2 2 18 3 2 2 19 3 Texan pyrrhuloxia (Pyrrhuloxia sinuata texana) ... - White-rumped shrike (Lanius I. cxcubitorides) . 1 12 8 5 29 7 2 2 3 6 2 2 2 73 4 4 1 5 1 6 Black-crested titmouse (Bxolophus atricristar tus) .... .... .... .... .... .... 1 .... 1 o Including those examined by Bureau of Entomology. 22 BIRDS THAT EAT THE COTTON BOLL WEEVIL. Record of birds examined which had not eaten boll weevils. « Species. Number of birds exam- ined during — II §s 1-5 U >-,-n , SOX P. < Mourning dove {Zenaidura macroura) Mexican ground dove ( ColumbigalUna- p. pallescens) Yellow-billed cuckoo ( Coccyzus americanus) Texan woodpecker {Dryobates scalaris bairdi) Red-headed woodpecker ( Melanerpes erythrocephalus) Bed-bellied woodpecker ( Centurus carolinus) Golden-fronted woodpecker ( Centurus aurifrons) Flicker ( Colaptes auratus) Kingbird ( Tyrannus (yrannus) Wood pewee ( Contopus virens) Yellow-bellied flycatcher {Empidonax flaviveiUris) Blue jay ( Cyanociita cristata) Rusty blackbird ( Euphagus carolinus) Bronzed grackle (Quiscalus quiscula xneus) Western vesper sparrow (Poaccies gramineus confinis) Western grasshopper sparrow ( Coturniculus s. bimaculatus) White-crowned sparrow {Zonotrichia leucophrys, Western tree sparrow {Spizella monticola ochracea) Fox sparrow {Passerella iliaca) Towhee (Pipilo erythropMhalmus) Blue grosbeak (Guiraca cxrulea) Purple martin (Progne subis) Nashville warbler (Helminthophila rubricapilla) Yellow warbler {Dendroica sestiia ) Mourning warbler (Geothlypis Philadelphia) Curve-billed thrasher ( ToxoMoma curvirostre) Texan Bewick wren ( Thryomanes bewickii cryptus) Blue-gray gnatcatcher (PoUoptila cxrulea) Bluebird {Sialia sialis) ~A 115 45 4 3 4 4. 20 3 6 3 10 > 6 112 5 "2 3 2 2 10 3 11 5 4 5 9 6 a A few species of which only one or two specimens have been examined are omitted from the list. o \>' U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 26 C. HART MERRIAM, Chief DISTRIBUTION AND MIGRATION OF NORTH AMERICAN DUCKS, GEESE, AND SWANS BY ^\^E;LLS ^W. COOKE Assistant, Biological Survey WASHINGTON GOVERNMENT PRINTING OFFICE 19 0 0 u BIOLOGICAL SURVEY- BULLETIN No. 26 LH^U^n fTf&nf^ C. HART Ml':KKlA>r, < 'hirf DISTRIBUTION AND MIGRATION OF NORTH AMERICAN DUCKS, GEESE, AND SWANS BY LIBRARY NEW YORK BOTANICAL GARDEN W^ELLS W. COOKE Assislnnt, Biological Survey WASHINGTON GOVERNMENT PRINTING OFFICE 1906 LETTER OF TRANSMITTAL. U. S. Department of Agriculture, Biological Survey, Washington, D. 6'., July 10, 1906. Sir: 1 have the honor to transmit herewith, for publication as Bulle- tin No. 2C) of the Biological Sui'vey, a report on the Distrilmtion and Mig-ration of North American Ducks, Geese, and Swans, b}^ Wells W. Cooke, assistant in the Biological Survey. Formerly abundant over the whole of the United States, waterfowl are steadily diminishing in numbers, and some species appear to be threatened with extinction in the not distant future. Their value for food is great, and they have formed in the past, and for all future time should continue to form, a valuable asset and an important source of revenue to the several States which harbor them. The preservation of the numerous species of ducks, geese, and swans is becoming an important matter of legisla- tive enactment, and the present report is intended to furnish informa- tion as to present range, abundance, and migration of the several species with reference to practical legislation. Respectfull}^, H. W. Henshaw, Acting Chief, Biological Survey. Hon. James Wilson, Secretary of Agriculture. 3 CONTENTS, Page. Introduction ' Protection - 8 Causes of decrease in numbers of waterfowl 10 Winter ranges 13 Species that winter principally in the United States and southward . . 13 Species that winter in the United States and Canada 13 General remarks on migration 14 Tables of distribution 15 Species occurring in Central America, West Indies, or Mexico, but not known to reach the United States 16 European species occurring in North America as stragglers 16 Species that Ijreed and winter north of the United States 16 Species that breed chiefly north of the United States 17 Species that breed chiefly north of the Arctic circle, with the north- ernmost latitude at which the species has been observed in the Western Hemisphere 17 Southern species, with northern limit of breeding range '. 17 Western species, with eastern limit of regular range 18 Southern limits of species whose winter range extends south of the United States 18 Summary 18 Distribution and migration of ducks 19 Distribution and migration of geese 65 Distribution and migration of swans 84 Index 89 5 DISTRIBUTION AND MIGRATION OF NORTH AMERICAN DUCKS, GEESE, AND SWANS. INTRODUCTION. Wild fowl are distributed over the whole world. From time imme- morial ducks, geese, and swans have been held in high esteem by mankind, and everywhere they have been eagerly pursued for sport or for food. Passing by the purely esthetic value of the birds as beautiful and welcome denizens of our waters and as lending the charm of life and animation to our otherwise desolate ponds and lakes; passing b}', too, their importance to thousands of men who are lured from business cares to pursue them and who derive from their pursuit both health and pleasure, their economic value and importance as food are very great. The flesh not only is palatable and nutritious, but is so different from that of domestic fowls as to form a most welcome addition to the tal)le both of the rich and the poor. The flesh of wild fowl constituted an important item in the larder of the aborigines of this country, who, by means of the bow and arrow and by the use of various devices in the shape of nets and traps, succeeded in obtaining them in considerable numbers, especially when young and unable to fly. The Eskimo and northern Indians, indeed, would fare badly but for the vast numbers of waterfowl that visit their country to breed, and everywhere the aborigines seek their eggs with avidity. Waterfowl as an addition to the larder became almost as essential to the first settlers as they had been to the Indians, and, so far as game was concerned, the fowling piece soon became a more important part of the settler's equipment than the rifle. Neither the aborigines nor the early settlers appreciabl}^ reduced the numbers of the hordes of ducks and geese that periodically covered the lakes, ponds, rivers, and marshes of this favored country. It was not until comparatively recent times, indeed, that the tremendous increase of population and the constantly increasing number both of sportsmen and of market gunners, together with the invention of that potent engine of destruction, the breech-loading gun, have had their logical ofl'oct in greatly diminishing their numbers and in practically exterminating not a few species. 7 8 NORTH AMERICAN DUCKS, GEESE, AND SWANS. So rapidly are some species diminishing in numbers in certain States that the market supply is already threatened, and Minnesota has found it necessary to pass laws prohibiting not only the export of ducks, but even their sale within the State limits. Such radical legislation in a State where only a few years since waterfowl abounded on every lake and waterway, reveals how imminent is the danger and how press- ing the value and importance of prohibitive laws, and it becomes evi- dent that if any consideralde number of waterfowl are to be preserved, spring shooting must be abolished and the sale of wild fowl limited to the States where killed. The enforcement of moderately stringent protective laws, however, and the establishment of preserves in the States where waterfowl can be sure of shelter and safety, are likely to result not only in averting the threatened extinction of certain species, but in the increase of all waterfowl to a point somewhere near their recent abundance. Should the lessons of the past be unheeded and protection be withheld for a few years, then measures of the most radical kind will be necessary. Of the 64 species and subspecies of ducks, geese, and swans which occur in North America north of Mexico, 24 breed in the United States. The species most important to us are the wood duck, mallard, black duck, teal, canvasback, redhead, and Canada goose. Several of these species breed only in the Northern States; ))ut the cinnamon teal and ruddy duck nest as far south as southern California, and the wood duck breeds almost everywhere throughout the United States, and, more- over, the great bulk of this species winters within our boundaries. It is a sad commentary on our present system of game protection that the wood duck, one of the handsomest of our native birds and one whose breeding range is almost entirely within our boundaries, is the species which has suffered most. So persistently has this duck been pursued that in some sections it has been practically exterminated. Even in States in which it still breeds commonly, as in Delaware and Maryland on the Atlantic coast and in Illinois in the Mississippi Valley, public sentiment fails to recognize the importance of adequately pro- tecting the bird, and the laws still permit it to be destroyed late in the spring. As a result the wood duck is constantly diminishing in numbers, and soon is likely to be known only from books or by tradition. PROTECTION. Wherever waterfowl already breed, or where the conditions are such as to favor their remaining during the summer, every effort should be made to increase the number of breeding birds by adequate protection both in the spring and during the nesting season, and, wdierever possible, game refuges or preserves suitable for breeding purposes should be established. PEOTECTION. 9 Protective laws intended to shorten the open seasons, to prohibit spring shooting, eliminate destructive methods of hunting, and to stop sale and export have often provoked opposition from those who maintain that it is futile to attempt the protection of migratory birds in the North if they are not equalh^ well protected on their winter feeding grounds in the South. Recent experience, however, shows that under certain circumstances the results of local protection are immediate and very striking. In the San Luis Valley, Colorado, protection afforded ducks within an inclosure about an artificial pond, fed by an artesian well, has caused the birds to resort to the pond in increasing numbers each winter. At Palm Beach, Fla., where no hunting is allowed within a mile of the town, ducks have become so tame that they will come within a few feet for food, while outside the mile limit the same birds are so wild that it is diflicult to approach them within gunshot. In Jefferson County, N. Y., the enactment of a local law prohibiting spring shoot- ing has resulted in several species remaining to breed which formerly went much farther north to lay their eggs, when continually harassed by constant hunting in the spring. The enactment.of a State law in New York prohibiting the shooting and sale of ducks and geese in spring has not only had a marked effect on local birds, but has resulted also in extending protection to waterfowl in North Carolina by restricting in the latter State their slaughter for the markets of New York City. These and other illustrations which might readily be cited show that, if protected, many species that formerly reared their young in the United States, and were driven away by persecution, would return and occupy old breeding grounds. They prove also that very effective work for the protection and increase of waterfowl can be done in many sections of the country without waiting for general leg- islation or for concerted action on the part of the Southern States. Cooperative legislation on the part of the Southern States is greatly to be desired and may be expected to follow as the causes that have led to the diminution in the numbers of waterfowl are better under- stood there and as the purpose and effects of protective legislation in Northern States are fully comprehended. With reference to practical legislation in behalf of wild fowl, ques- tions often arise as to the time when various species may be expected at certain points in the autunm, when they leave for their breeding grounds in the spring, how late in the season shooting can be con- tinued without interfering with pairing, what progress in legislation has been made in different parts of the United States, and what have been the practical results of such legislation. In order to enable the Department to answer such intiuiries, a com- prehensive investigation of the general facts relating to our wild fowl has been undertaken. In the present report arc presented such data 10 NORTH AMERICAN DUCKS, GEESE, AND SWANS. as are now available respecting- the distribution and migration of the ducks, geese, brant, and swans of North America, together with a brief reference to a few species which occur in Panama and the West Indies. A summary is also g-iven of existing information as to the breeding grounds occupied by the several species, their winter resorts, the routes selected in passing north and south, and the times of mak- ing their journe3^s. Other subjects of investigation still under way are the food habits of the various species, principal ducking grounds, methods of hunting, and the means which have thus far proved most successful in the protection of these birds. The problem of the legal protection of ducks, geese, and swans has two phases — protection during the breeding season and protection during migration and in winter. The first phase concerns 2-i species of ducks breeding in the United States, while 46 species come under the head of winter residents of the United States. It happens, however, that from the economic point of view the 24 species of ducks and geese that breed in the United States comprise the most important North American species; among this number also are all the species that at the present, time need protection while breeding. Of the 24 species, 5 are numerically unimportant and are confined to the south- ern portions of the United States and southward, so that they are of little importance for the market and as objects of sport. These 5 are the Florida duck, mottled duck, masked duck, black-bellied tree-duck, and fulvous tree-duck. The other 19 species that lireed regularly and commonly in the United States are as follows: Shoveler, Spatula clypeata. Pintail, Dafila acuta. Wood duck, Aix sponsa. Redhead, Ay thy a americana. Canvasback, Aythya vallisneria. Lesser scaup, Aythya affinis. Ring-necked duck, Aythya collaris. Ruddy duck, Erisrnatura jamaicensis. Canada goose, Branta canadensis. White-cheeked goose, Branta canadensis occidentalis. American merganser. Merganser ameri- canus. Hooded merganser, Lophodytes cucul- latus. Mallard, Anas boschas. Black duck. Anas obscura. Gadwall, Chaulelasmus streperus. Baldpate, Mareca americana. Green-winged teal, Nettion carolinense. Blue-winged teal, Querquedula discors. Cinnamon teal, Querquedula cyanoptera. A glance shows that this list comprises the species that in later years have decreased most in numbers, and hence that most need protection. CAUSES OF DECREASE" IN NUMBERS OF WATERFOWL. The principal causes of the diminished numbers of waterfowl have been market hunting, spring shooting, and the destruction of the breeding grounds for farming purposes. Previous to twenty years ago, market hunting was the principal factor in the steady diminu- DECREASE OF WATERFOWL. 11 tion of waterfowl. Since 1885, however, the problem of duck preservation in North America has entirely changed. The prairie districts of central Canada, comprising large portions of Manitoba, Saskatchewan, and Alberta are the "ducks' paradise." Within the United States this favored region extends to the northeastern part of Montana, the northern half of North Dakota, and the northwestern corner of Minnesota. The whole vast region is crowded with lakes, ponds, sloughs, and marshes that furnish ideal nesting conditions and unlimited food. Forty years ago every available nook was crowded with waterfowl, and the whole region, 200 miles wide by 400 miles in length, was a great breeding colony, and numbered its inhabitants by the hundreds of thousands. To the northward the forests formed a partial boundary; to the southward, the general absence of suitable breeding grounds was the controlling factor, restricting the breeding waterfowl to the few lakes and marshes. The number of breeding ducks decreased rapidly from central North Dakota southward, until the outposts were reached in the lake region of southern Wisconsin, the Kankakee marshes of Illinois and Indiana, a few favored spots in southwestern Minnesota, and the lakes of north-central Iowa. In southern Wisconsin in 1804, every pond hole and every damp depres- sion had its brood of young ducks. During the next fifteen years the farming of the region changed from grain raising to dairying, the marshes were drained, the former duck nurseries became grazing grounds, and duck hunting there was a sport of the past. An article written in 1877 on the birds of northeastern Illinois enumerates 12 species of ducks as breeding coumionly in the vicinity and 3 others as occasionally found there in summer. At present, a brood of .young ducks in this region is rare. In 1885 some 11 species bred near Clear Lake, Iowa, and 16 species at Heron Lake, Minnesota. Now scarcel}^ any ducks breed at either lake. But the places just mentioned were merely the outskirts of the " ducks' paradise." As great a change has taken place in the very heart of the breeding grounds. The Northern Pacitic Railroad cut across its southern border in Minnesota and North Dakota and this was soon followed b}' a north and south line tp Winnipeg. Other shorter branches were built later, but the final doom of the ducks was apparent when the Canadian Pacific Railroad crossed between Winnipeg and the Rocky Mountains the finest duck breeding grounds on the continent. During the past decade, the last stronghold of the waterfowl has been invaded, and soon the great breeding colonies of northern Alberta and Saskatchewan will be of the past. The population of North Dakota increased mani- fold from 1880 to 1900, and during this same period the vast prairies of central Canada were changed to wheat fields. It is evident, there- f'oi'e, that in the United States and southern Canada in a few years there will be no ifi'cat breedintr colonies of the ducks most valued for 12 NOETH AMERICAN DUCKS, GEESE, AND SWANS. sport and for the table. The future supply nuist come from isolated pairs and small colonies scattered in favorable localities over Canada and the northern quarter of the United States. Fortunately, such favorable places exist and will continue to exist for many years. An important question in connection with the protection of ducks is the time when they pair for the breeding season, since it is evident that if shooting is continued after the birds are paired a decided decrease in the number of broods will result. While the present state of knowledge does not warrant positive statements as to the exact date of pairing of each species, enough has been learned to show that in the case of many species pairing occurs before the breeding grounds are reached. Many if not most of the mallards and shovelers that pass through Illinois on their way to more northern breeding grounds are paired before they leave that State, and the same is true of these species in Iowa. Many black ducks, wood ducks, and teal are paired in the spring by the time they reach Massachusetts. The following- letter, from Hon. John E. Thayer is of interest in this connection: I am absolutely positive that mallards, black ducks, -gadwalls, widgeons, green- winged and blue-winged teal, shovelers, and pintails begin mating at Currituck Sound, North Carolina, by February 15. By the 1st of March they are mated. The law should protect them then, for if one is shot, the other will keep flying about until within easy range. There is not a shadow of doubt that the ducks I have named are mated before they migrate, and if we do not want to exterminate them, laws should protect them from the time they leave the South. Above have been outlined the causes, past and present, of the great diminution in the numbers of the ducks. The practical problem of to-day is the present and future preservation of the remnant. It goes without saying that all ducks should be protected during the breeding season. Notes in the following pages under the different species show the dates at which the earliest eggs have been found, and from these dates it is easy to determine the beginning of the breeding season. The wood duck, in northern Florida, begins nesting by the middle of Fel)ruary and the black duck, in Massachusetts, by April 20. It follows, therefore, that at the very latest these ducks should not be disturbed in Florida after February nor in Massachusetts after April 1. These dates apply to corresponding latitudes in the Mississippi Valley, and the 1st of May would be the latest date for Minnesota and North Dakota. On the Pacific slope the corresponding nesting dates are from late March in southern California to late April in the State of Washington. Protection during the breeding season is the least that any friend of the ducks would advise. The present rapid diminution in the number of waterfowl can not be stayed, however, by such partial measures. Nothing short of the absolute prohibition of spring shooting in every part of the country should be advocated by those who believe that duck shooting should be enjoyed by future generations. WINTER RANGES. 13 Another phase of protection relates to the proper reo-ulation of shooting during the fall and winter. This phase concerns a much larger number of species of waterfowl than the question of hunting during the breeding season. For although only 24 species nest within the United States, 46 species are found here during winter, as will appear from the following lists: WINTER RANGES. Species that Winter Principally i\ the United States and Southward. Hooded merganser/' Lophodytes cucul- latuft. Mallard, Anas boschas (on the Pacific coapt to the Aleutian I glands). Black duck, Anas ohscura. Red-legged duck, Anas ohscura rubripes (occasional in winter in Nova Scotia). Florida duck, Anas fulvigula. Spotted black duck, Atuxs fulmgula macu- losa. Gadwall, Chaulelasmus streperus. Baldpate, « Mareca americana. Green-winged teal, Nettion carolinense. Blue-winged teal,« Querquedula discors. Shoveler,« Spatula clypeata. Pintail, « Dafila acuta. Wood duck,« Aix sponsa. Redhead," Ayihija americana. Canvasback,« Aylhya valUsneria. Scaup duck. Aythya marila (rare in southern Canada and on the Pacific coast to the Aleutians). Lesser scaup duck,« Aythya affinis. Ring-necked duck,« Aythya collar is. American golden-eye, Clangula clangula americana ( rare in southern Canada, and on the Pacific coast to the Aleutians). Species that Winter in the United States and Canada. BufBe-head, Charitonetta albeola (on the Pacific coast to the Aleutians). Rudd}^ duck,« Eri.vnalurajamaicensis. Lesser snow goose," Chen hyper}>orea. Greater snow goose, Chen liyperborea nivalis. Blue goose, CJwn cscrule.'^ gambeli. Canada goose," Branta canadensis. Hutchins goose," Branta canadensis hutch- insii. White-cheeked goose, Branta canadensis occidentalis. Cackling goose," Branta canadensis minima. Brant, Branta bernicla glaucogastra. Black brant, Branta nigricans. Fulvous tree-duck, Dendrocygna fulva. Whistling swan," Olor columbianus. Trumpeter swan," Olor buccinator. American merganser. Merganser ameri- caniis. Red-breasted merganser. Merganser serra- tor. Barrow golden-eye, CUmguhi islandira. Old scjuaw, JIarelda hyemalis. Harlequin duck, Histrionicus hl.<. The mallard 24 NOETH AMERICAN DUCKS, GEESE, AND SWANS. crosses into central Canada early in April, and the average date of arrival at Aweme, Manitoba (ten years), is April 3 (earliest March 24, 1905); Qu' Appelle, Saskatchewan (six years), April 10 (earliest, March 26, 1905). The earliest mig-rants were seen at Fort Resolution Ma}^ 7, 1860; near Fort Providence, April 27, 1904; Fort Simpson, May 3, 1904; Kowak River, Alaska, May 17, 1899. • The last one seen in 1892 at Shellmound, Miss., was on April 5; in northern Texas one was seen as late as May 6, 1889. In central Missouri, where a few remain to lireed, the average date when the last migrants are seen is March 28. Fall migration. — In the fall this species returns with the general mass of ducks, and the average date of its arrival at Alexandria, Va., is September 21 (earliest, August 28, 1896); it becomes common October 27; at Chicago, 111., September 27; Grinnell, Iowa, Septem- ber 17; and in northern Texas October 11. The first one was noted at San Angelo, Tex., August 10, 1883, and at Austin, Tex., Septem- ber 1, 1893. The mallard is one of the moderately hardy ducks, and remains in the north until the lakes begin to freeze. Average dates when the last were seen are: Montreal, Canada, October 26 (latest, November 13, 1897); Scotch Lake, New Brunswick, November 7; Ottawa, Ontario (nine J^ears), November 5 (latest, November 14, 1904); Aweme, Mani- toba (eight 3"ears), November 12 (latest, November 23, 1902); Chicago, 111., November 13; English Lake, Ind., December 9; southern Minne- sota (ten 3'ears), November 22 (latest, December 11, 1890); central Iowa (12 years), November 15 (latest, November 27, 1903); central Nebraska, November 18 (latest, November 26, 1899). Anas obscura Giuel. Black Duck. Breeding range. — The group of ' black' or 'dusky' ducks comprises several species which closelv resemble each other and which have been distinguished onlv in recent years. The black duck is the common breeding duck of New England and northern New York, south of which it breeds not rarel}^ on Long Island and locally in Pennsj^lvania (Bradford County), New Jersey (Long Beach), Delaware, and Mary- land (Ocean Cit}^ Barrow Springs). To the westward the breeding range extends south to Ohio (formerly), Indiana (Lake County), Ilh- nois, Iowa (Spirit Lake), and Minnesota (Kandiyohi County). It breeds rarely and locally over much of Wisconsin, but breeds more commonly in Michigan and southern Ontario. It is a ver}^ common summer resident of Quebec, New Brunswick, Nova Scotia, and the islands of the Gulf of St, Lawrence. The most northern points at which it breeds are in southern Labrador and Newfoundland. Some- where in Labrador and in northern Ontario this form meets the more northern form, the red-legged duck i^Anas ohscura rubri2?es)^ but the BLACK DUCK. 25 dividing- line between the two is univnown. A specimen from the Straits of Belle Isle is ohcura; one from Okak, Labrador, is inter- mediate, and one from Ung-ava Ba3% only a few miles farther north, is ruhrlpes. The black duck breeds so early that young- have been found at Old Saj'brook, Conn., May .^, and eggs at Rehoboth, Mass., April 30. Winter range. — This species is accidental in winter in the West Indies (Jamaica), rare in the Bermudas, and rare in central Florida (Gainesville) and also in Alabama. From Georgia northward it is more common, and from North Carolina to New Jersey it is one of the abundant winter ducks. Black ducks, including both A. oMaira and A. ruhri2)es, are abundant at this season around Long- Island and on the shores of Rhode Island and Massachusetts, but although a few A. obscura winter in Massachusetts, the greater number are A. rulnnjjes. West of the Alleg-henies there is uncertainty as to which form pre ponderates in winter. A. ohscura is a tolerably common winter resident of Louisiana, but A. rubrijyes reaches Arkansas, and one form or the other winters as far north as southern Ohio, southern Indiana, and southern Illinois. In migration A. ohscura is rare west to eastern Nebraska (Fairmont, Gresham, Calhoun) and eastern Kansas (Reno County, Wichita, and Lawrence). Notes on the migration of this species are for the most part included under those of A. ruhripes. Anas obscura rubripes Brewst. Eed-legged Black Duck. Breeding range. — As stated under the last species, a breeding duck from Okak, northeastern Labrador, is considered intermediate between this form and A. obscura^ while the bird breeding atUngava Bay is A. ruh'ipes. This Ungava Bay record seems to mark the northeastern limit of the species so far as reported. Thence the species extends west to Hudson Bay, as far north at least as Fort Churchill, and is rare or accidental west to Manitoba (Long Lake; Lake Manitoba, October 28, 1900; Delta, September 4, 1902, September, 1903; St. Marks, two, October, 1902), and to Fort Anderson. The southern limit of the breeding range in Ontario has not yet been determined. Winter range. — Most of the black ducks that winter in Massachu- setts are A. riihripes., and this is about as far north as the species com- monly winters. Along the coast some have been known in winter as far north as Nova Scotia. How far south the species goes has not yet been determined, but it is common on the coast of South Carolina from November to March, and a specimen was taken in Mississippi County, Ark., November 5, 1887. It occurs west to Nel)raska (Green wood, Lincoln, Calhoun) and undou})tedly wanders to easteiii Kansas. The northei-n winter limit in the interior is probably from northwestern Pennsylvania to southern Wisconsin. 26 NORTH AMERICAN DUCKS, GEESE, AND SWANS. Spring migration. — It is impossible to separate the migration rec- ords of A. ohsmra and A. ruhrlpes. The following migration notes probabl}^ refer for the most part t) J. riibrq>e><, because that form winters farther north. In March extensive northward movements of black ducks occur, but it is not until early April that the birds pass be3rond the usual winter range. The average date of arrival for seven- ' teen years in sCtuthern Maine is April 7; the earliest, March 19, 1894; the average date for Montreal is April 11, and March 27, 1889, is the earliest; Quebec, average, April 18 (earliest, April 6, 1896); Godbout, Quebec, average, April 21; Prince Edward Island, April 23 (earliest, April 5, 1898). Farther west the average date of arrival in southern Ontario is April 7 (earliest, March 16, 1901); average at Ottawa, April 14 (earliest, March 21, 1903). Fall migration. — A black duck was seen at Washington, D. C, August 1, 1887; one at Alexandria, Va., August 14, 1886, and one at Hog Island, Va., August 20, 1886; but these are unusually early rec- ords. The average of a long series of excellent records at Alexandria, Va., is September 30 for the arrival of the first and October 31 as the average date when they become common. About the middle of Octo- ber, on the New England coast, they become common enough to usher in the shooting season. These dates, of course, apply to A. ohsciira. There are no exact records of the time when A. ruhrqyefi arrives from its northern breeding grounds, but it is supposed that it reaches New England about the first week in October. In winter it remains as far north as it can find open water. The average date when the last leave Ottawa, Ontario, is November 7 (latest, November 21, 1892); average at Montreal, November 6 (latest, November 14, 1896). The last one was seen at Prince Edward Island November 13, 1889, and December 8, 1890. Anas fulvigula Ridgw. Florida Duck. A nonmigratory species, breeding commonly in the southern half of Florida, and less commonly in the northern portion. It seems to be absent from northeastern Florida, but occurs along the northwestern coast of the State. Nests in late April and in May, but sometimes much earlier, for down}^ joimg" have been taken as earl}^ as April 6. Anas fulvig-ula maculosa (Senn.). Mottled Duck. Resident in Texas and southern Louisiana (Lake Arthur), In Texas it occurs from the mouth of the Rio Grande northward and west to about the middle of the State. It is accidental in Kansas (Neosho Falls, March 11, 1876). It breeds throughout most if not all of its Texas range; the eggs are deposited in April, [Anas diazi Ridgw. Diaz Black Duck. A form of 'black duck' closely resembling Anasfulvujuld. It is nonmigratory and occurs in central Mexico from Chihuahua City to Tepic, Jalisco, Michoacan, the Valley of Mexico, Puebla, and Tlaxcala.] GAUWALL. 27 [Anas aberti Ridgw. Abert Duck. A species known only from the type specimen taken at Mazatlan, INIexico.] Chaulelasmus streperus (Linn.). Gadwall. Breedmg range. — A large majority of the North American individ- uals of this species breed in the prairie district extending- from Mani- toba to the Rocky Mountains, south to western Minnesota, and from northern South Dakota north to the Saskatchewan. The species breeds connnonly from the Rocky Mountains to the Pacific, south to southern Colorado, Utah, Nevada, and in nearly the whole of California; also probably in the Mogollon Mountains of Arizona. The northern range extends to southern British Columbia, Alberta (rarely or casually to Lesser Slave Lake), and to Fort Churchill on Hudson Bay. There is no authentic record for the Mackenzie Valley, and if the specimen in the British Museum labeled "Bering Straits" really was captured there it was a wanderer, as was also one taken at Unalaska, March 18, 1879. In the Mississippi Valley the gadwall occasionall}' breeds in northern Nebraska and rarely in Kansas. Formerlv it bred in "\^'isconsin(IIori- con Marsh and Lake Koshkonong), there is one record for Ontario (St. Clair Flats), and one for Anticosti Island. It is only a straggler to New England and the Maritime Provinces north to Quebec and Newfoundland, and east of the Mississippi is rare north of North Carolina. The gadwall is a common breeder in Europe and Asia, ranging south in winter far into Africa and to southern Asia. Winter range. — The principal winter home of the gadwall is in the lower Mississippi Valle}^, especialU' Texas, Louisiana, and Arkansas. It rarelj" winters as far north as Illinois, but is more common to the eastward in North Carolina and Florida; accidental in Cuba (twice), Jamaica, and the Bermudas. The winter range extends to the south- ern end of Lower California, to Mazatlan, and the City of Mexico. In northern Mexico the species is common through the winter, and birds have been found paired in May, the late date indicating that they intended to remain and breed. Thence it extends commonly to Utah and Oregon, rarely to Washington and British Columbia. Sj/rmg migration. — Only a few notes on the migration of this species have been recorded. The average date when the first spring migrants reach southern Iowa is March 18 (earliest March 10, 1896), it thus being one of the earlier ducks in this part of its range. It reached Heron Lake, Minn., April 1 (earliest March 17, 188()); Love- land, Colo., March 6, and Terry, Mont., about April 1. The first migrant was seen at Aweme, Manitoba, April 23, 1898, and at Indian Head, Saskatchewan, April 18, 1892, and April 24, 1901. Eggshave been secured at St. Clair Flats, Ontario, a])out May 30; in western Minne- 28 NORTH AMERICATSr DUCKS, GEESE, AND SWANS. sota, June 14, 1879; northern North Dakota, June 15, 1901; Manitoba,! June 5, 1894; Crane Lake, Saskatchewan, June 9, 1894; Nevada, Mayj 29, 1808, and incubated eggs in Los Angeles County, Cal., April 16. Fall migration. — The first arrived at the southern end of Lower] California September 27, 1887; in northern New Mexico the species] was abundant the last days of September, 1904. The average date when the last left central Minnesota was November 14. Mareca penelope (Linn.). European Widgeon. This is an Old World species which has occurred as a straggler on the Athmtic coast in Florida, North Carolina, Virginia, Mar^dand, Pennsylvania, New Jersey, New York, Massachusetts, Nova Scotia, New- foundland, and Greenland; in the interior it has been found in Illinois, Indiana, Ohio, Michigan, Wisconsin, and Nebraska; on the Pacific coast in California, British Columbia, and Alaska. It is not known to breed anywhere in the Western Hemisphere. On the Atlantic coast the dates are almost entirely in the fall and winter, from October 20 (near Halifax, Mass.) to March 25 (Keuka Lake, New York) — there are only three records after February 5 — while in the interior its occurrence is as strictl}^ confined to the spring, from March 23 (English Lake, Ind.) to April 18 (Sandusk}^, Ohio). The records for Greenland fall between September 29 and December 17; the California records are mostly in February, while those of British Columbia are from December 25 to February 9, and the two Alaska dates are October 12 and May 27. Mareca americana (Gmel.). Baldpate. American Widgeon. ■ Breeding range. — A line drawn from the western shore of Hudson Bay to the western shore of Lake Michigan marks, approximately, the eastern boundar}^ of the breeding range of this species, and in the eastern 200 miles of this district it is decidedly uncommon during the nesting season. There are a few records of the bird's breeding in Indiana (Hogback Lake, English Lake) and in Wisconsin (formerly at Koshkonong and Horicon), but not until Minnesota is reached does this duck breed commonly. West of the Mississippi it breeds abun- dantly in Nortii Dakota, a few in southern South Dakota, and rarely or casually in Nebraska and Kansas. It is a common breeder in Colo- rado, Utah, and Nevada (Truckee Valley), and probably breeds rarely in Arizona (Mormon Lake), but as yet the species has not been recorded as nesting in California. The main breeding range is northwestern North America from Oregon and Minnesota north to the Mackenzie Valley and central Alaska. A line from Fort Churchill, Hudson Bay, to Franklin Bay is the approximate northeastern bound ar}^ of the range, thence west to Kotzebue Sound. If this line from Frank- lin Ba}^ to Fort Churchill is continued to Chesapeake Bay, it marks the approximate eastern limits at which the species is common in BALDPATE. 29 migration. Northeastward the species is known as a rare migrant, in New England hardly more than a straggler, Ijiit it has been recorded as far as Newfoundland, southern Labrador (Natashquan), and north- ern Ontario (Moose River). The baldpate is rather rare on the coast of Alaska, but is more conmion in the interior, and is a rare or casual visitor to the Near, Commander, and Bermuda islands. Wmter range. — The baldpate is common on the (Chesapeake in win- ter, but as it is rare directly to the northward at all times of the 3^ ear, it is evident that the migration is from the northwest. Occasionally birds are found in winter as far north as Rhode Island. The species is common during the winter in the Carolinas, less common in Florida and Cuba, and rare in the Bermudas, the Bahamas, pJamaica, Porto Rico, St. Thomas, and Trinidad. It is recorded from Costa Rica, and is a rather common winter resident of northern Guatemala and much of Mexico north of the Valley of Mexico. The winter home in the Mississippi Valley extends north to Illinois, and in the west to New Mexico, Arizona, Utah (probably), and to southern British Columbia. It is probably most common during the winter along the Pacific coast. Spring migration. — This begins late in February and by early March the species is north of its winter home. Average dates of arrival are: Western New York, March 23; Erie, Pa., March 24; Oberlin, Ohio, March 17; southern Michigan, March 25; Keokuk, Iowa, March 15; central Nebraska, March 17; Loveland, Colo., March 10. The further advance of the species is somewhat slow. The average time of reach- ing Heron Lake, Minn., is March 29; southern Manitoba, April 20; Terry, Mont., April 8. The first individual was seen at Indian Head, Saskatchewan, April 21, 1904, and at Osier, Saskatchewan, May 2, 1893. These dates indicate an average speed of 17 miles per day from central Nebraska to Heron Lake, and 18 miles per day thence to southern Manitoba. The average rate from Colorado to Montana is 16 miles per day, and the same rate continued northward would bring the first baldpate to Indian Head and Osier at almost exactly the stated dates. If the birds of the Mississippi Valley pass northwest to the Mackenzie Valley, this rate of migration would bring them to Great Slave Lake about the first week in June, whereas the first arrival at Fort Simp- son, Mackenzie, was April 28, 1001; and a female was shot at Fort Resolution Ma}- 21, 1860, which contained a fully formed Qgg. It is evident, then, that the earliest arrivals in the Mackenzie Valle3'^ come from the southwest, where, in southern British Columbia, the species winters a thousand miles farther north than on the plains. The bald- pate arrives at the mouth of the Yukon in early May, and on the Knik River, Alaska, the first bird was noted May 10, 1901 . Most of the few spring records in New P^ngland are in April, two in February, but the species is apparently less conmion in the spring than in the fall. The last migrants usually leave Cuba late in April, though in Guatemala they have been seen as late as May. 30 NORTH AMERICAN DUCKS, GEESE, AND SWANS. Tall migration. — The month of September, especially the latter half, sees the arrival of the lirst baldpates over most of the district between the breeding grounds and Cuba and Louisiana;, but these are onh' the advance scouts; the main body appears in the northern United States early in October, and reaches the middle Atlantic States about the middle of that month. Dates of arrival are: Middletown, R. I., Sep- tember 20, 1889; East Hartford, Conn., September 29, 1888; Beaver, Pa., August 30, 1890. Stragglers have been seen in Massachusetts and in northern Pennsylvania as late as the first week in December, but most leave at least a month earlier. The average date at which the last were seen at Ottawa, Ontario, is October 2T, latest November 6, 1890; at Keokuk, Iowa, November 13, latest November 18, 1892. The last was seen at jNlontreal September 20, 1897; Edmonton, Alberta, November 6, 1896; Kowak River, Alaska, September 20, 1898; St. Michael, Alaska, October 1. Nettion crecca (Linn.)- European Teal. This is a widely distributed Old World species, accidental in the Western Hemisphere. It has been taken in Greenland, Labrador, Nova Scotia, Maine, Massachusetts, Connecticut, Long Island, near Washington, D. C. , California, and Alaska. The dates of capture range through every month of the year, except January, August, and October; those for the United States from November to April. Nettion carolinense (Gmel.). Green-winged Teal. Breeding range. — A few proljabl}- have, bred in the mountains of north central Pennsj'lvania (Lycoming County), and it has been reported as nesting near Buffalo, N. Y. The regular breeding range extends from New Brunswick, through northeastern Quebec and New- foundland, to Ungava Bay, Labrador, latitude 58 . It is a common migrant in Ontario, and hence undoubtedlv breeds in the northern part. It has been recorded as a rare breeder in southern Ontario (Toronto, Point aux Pins, Oshawa, Gravenhurst). The southern boundary of the breeding range to the westward is found in Illinois (Rockford, Lacon, Fernwood), in Michigan (Neebish Island), Wiscon- sin (Lake Koshkonong, formerly), Minnesota (Faribault, Heron Lake), Nebraska (Dewey Lake, Badger, Valentine), Colorado (Beloit, San Luis Valley), New Mexico (San ]\Iiguel Countv), Utah (Salt Lake), Nevada (Washoe Lake), Oregon (Fort Klamath). The range extends north to the edge of the Barren Grounds from near Fort Churchill, Hudson Bay, to Fort Anderson, to Kotzebue Sound, and nearly to Point Barrow. It breeds throughout the Aleutian Chain to the Near Islands. It is rare as a breeder everywhere in the United States east of the Rocky Mountains, and the main breeding grounds are in west central Canada from Manitoba to Lake Athabasca. It has wandered GREEN- WING ED TEA.L. 31 a few times to the west coast of Greenland, from Nanortalik to Disco Bay, and was once taken in May on the east coast at Nanusek. The species is accidental in Great Britain, the Bermudas, and Hawaii. Winter range. — South of the United States it is common in Mexico, at least as far as Jalapa, the City of Mexico, Michoacan, and Jalisco; common also in the Bahamas, and rare in Cuba, Jamaica, and Hon- duras. It has been recorded on the islands of Carriacou, Grenada, and Tobago, of the Lesser Antilles. It is one of the most abundant ducks throughout the southwestern United States during winter. It is a hardy duck, and in general remains as far north as it can find open fresh water. Thus it winters in western Montana (Great Falls), central Utah, southern Nebraska, southern Iowa, central Illinois, central Indiana (rarely Lake Michigan), western New York, and Rhode Island. It is accidental in Massachu- setts in winter, and one was found at Halifax, Nova Scotia, January 14, 1890. The principal winter home in the Mississippi Valley lies south of 37° latitude. Spring 'migration. — The green-winged teal is one of the early mi- grating 'river ducks,' but not quite so early, by about five days, as the mallard. Along the Atlantic slope it passes north of its winter home in early March, and the average date of its arrival in southern Pennsylvania is March 16; southern Connecticut, April 6; Montreal, Canada, April 27, Prince Edward Island, April 26. The average date of the first arrivals in central Missouri is February 26; central 'Illinois, March 7; English Lake, Ind., March 15; Keokuk, Iowa (average for twelve years), March 3; central Iowa (fourteen years), March 11; Heron Lake, Minn, (six years), March 2-1 (earliest March 6, 1887). In its migration along the eastern border of the Plains the green-winged teal is noted at Onaga, Kans., March 8; north- ern Nebraska, March 12; central South Dakota, March 20; northern North Dakota, April 6; Aweme, Manitoba, April 16, and southern Saskatchewan, April 19. These dates indicate the rather slow rate of only 18 miles a day. The average of five years' records of arrival at Terry, Mont., is March 23, a date about ten days earlier than that at which the species appears in the same latitude in Minnesota. Its winter home on the Pacific coast extends 1,500 miles farther north than on the Atlantic, and hence it is not surprising that the bird has been seen on the middle Yukon by May 3 and at the mouth of the Yukon by May 10. South of the breeding range the last green-winged teal was seen at Raleigh, N. C, April 13, 1900; Hester, La., April 6, 1902; northern Texas, April 16, 1886. The average date of disappearance for eight years at Keokuk, Iowa, is April 7, latest, April 30, 1892. Eggs were taken at Nulato, Alaska, latitude 65-, May 20, and no earlier date seems to be recorded for the regions to the south. Eggs ^ 4510— No. 26—06 3 32 NORTH AMERICAN DUCKS, GEESE, AND SWANS. have been found at Edmonton, Alberta, latitude 54°, May 27, and in southern Ontario, latitude 45°, Ma}^ 22. Downy young were seen in the Devils Lake reo-ion of North Dakota June 20. Fall migration. — An average date for the reappearance of the green- winged teal at Erie, Pa., is September 15 (earliest, September 1, 1894); at Alexandria, Va., September 29 (earliest, September 22); but it is not considered common until earh" November. Corresponding dates of arrival are: Keokuk, Iowa, September 21; central Kansas, September 12: central Texas, September 22: central California, September 17. The last was noted on Prince Edward Island, November 4, 1890; Mon- treal, Canada, November 1, 1893; Aweme, Manitoba, October 30, 1896; Kowak River, Alaska, September 3, 1898; St. Michael, Alaska, the first week in October. The average date of the last seen in southern Ontario (thirteen years) is October 28 (latest, November 7, 1890); at Keokuk, Iowa (seven years), November 22 (latest, November 27, 1902). Q,uerquedula discors (Linn.). Blue-winged Teal. Breeding range. — The principal summer home of this teal is the interior of North America between the Rocky Mountains and the Great Lakes, from Northern Illinois and central Iowa north to Saskatchewan. The species is not common east of the Allegheny Mountains nor on the Pacific slope. It has been recorded as breeding rarel}" in Rhode Island (Sakonnet, 1890), Maine (Calais), New Brunswick (Kings Count}', St. John County), Nova Scotia, Anticosti Island and New- foundland, Quebec (Montreal, Point de Monts), Ungava (Clearwater Lake, latitude 57 ), rare in southern Ontario (Toronto), New York (Utica, Auburn, Buflfalo, formerly Long Island, Black Pond, Ulster County). It breeds as far south as northern Ohio (Port Clinton, Sandusky), southern Indiana (Gibson Count}" and Wheatland), .southern Illinois (Anna), central Missouri (Kings Lake, Warrensburg, Kansas City), central Kansas (Emporia, Wichita, Medicine Lodge, Fort Hays) — casual or accidental breeding at Fort Reno, Okla., and San Antonio and Spring Lake, Texas — southern Colorado (Fort Garland and La Plata County), New Mexico (Santa Rosa; Black Lake, Colfax County; Chloride), probably in Arizona (Mogollon Mountains), central Utah (Thistle Valley, Fairfield), northern Nevada (Truckee Valley, Washoe Lake), and central Oregon (Burns). The breeding range extends north to central British Columbia (Lac la Hache, 158-Mile House); but the bird is rare or accidental in Alaska (Cape Romanzofi), Alberta (Edmonton), and on Great Slave Lake. Much remains to be learned in regard to the nesting of the blue- winged teal in the West Indies and Central America. It breeds in Jamaica and in the Lesser Antilles, quite probabl}- also in Honduras and in western Mexico (Mazatlau), near the southern end of Lower California. BLUE-WINGED TEAL. 33 The resident teal of Jamaica probably should be separated subspe- citically as Qnerquedula discors inornata (Gosse), but the eastern and western boundaries of this form remain to be determined. Winter range. — Blue-winged teal migrate over a vast extent of terri- tory, and are found in winter throughout northern South America south to Brazil, Ecuador, Peru, and Chile. They occur abundantly in Central America, Mexico, and the West Indies, and are equall}^ com- mon during the winter in the Gulf States and north to North Carolina. In the ^lississippi Valley few remain much north of the Gulf, though these few are scattered widely as far as southern Indiana and southern Illinois; a few winter in Arizona, and the small number of Pacific coast birds spend the winter in California and north to southern British Columbia. North of North Carolina this teal can hardly be called a common winter species, though it is not rare on Chesapeake Bay and win- ters even as far north as Delaware. This species is one of the least hardy of our ducks, and few individuals remain where there is cold and ice. Sjjring migration. — The blue-winged teal is among the latest ducks to migrate. The first was noted at Erie, Pa., March 27, 1S98; Tem- pleton, Mass., April 1, 1898; Prince Edward Island, April 20, 1888. In central Iowa, where the hardy ducks appear in Februar}^, the blue- winged teal was noted on the average (ten years) March 26 (earliest, March 18, 1899); northern Iowa, April 4, and Heron Lake, Minn., April 9. The records of Heron Lake are quite uniform — April 11, 1885; April 11, 1886; April 10, 1887; April 8, 1888; April 9, 1889; April 7, 1890. These dates indicate less variation in the time of arrival of this species than of any other. The blue-winged teal appears in southeastern Nebraska, March 28; central South Dakota, April 2; central North Dakota, April 12; northwestern Minnesota, April 23; Aweme, Manitoba, April 27. In southern Texas this teal becomes common in spring about the middle of March; about the first week in April is the height of the shooting season in southern Louisiana. The latest migrants have been noted at Gainesville, Fla., April 29, 1887; Baltimore, Md., May 7, 1890; New Orleans, La., May 21, 1898; San Antonio, Tex., May 14, 1902. Eggs have been taken at Canton, 111., May 16, 1897. Eggs just hatching were found on the Magdalen Islands, Gulf of St. Lawrence, June 16, 1900, and fresh eggs at Waseca, Minn., June 1; in North Dakota, June 12; and at Reaburn, Manitoba, June 4, 1894. Fall migration. — The blue-winged teal is one of the earliest ducks to move southward; during the month of August it reappears through- out the northern half of the United States and some especially early l)irds almost reach the Gulf of Mexico. During a period of fourteen years the average date of arrival at Alexandria, Va., was August 31 34 NOKTH AMERICAN DUCKS, GEESE, AND SWANS. (earliest, August 18, 1889); they became common on the average Sep- tember 23, though in the fall of 1887 they were already numerous September 10. The average date of arrival in central Kansas is Sep- tember 12, and in southern Mississippi, September 16. The average date at which the last was seen at Montreal was Sep- tember 25; latest, September 29, 1888; the last one seen on Prince Edward Island in this same year was October 8; Lewiston, Me., November 7, 1901; Cape May, N. J., December 5, 1884. The average date for eight 3^ears when the last one was seen at Ottawa, Ontario, is October 13 (latest, October 27, 1894); Chicago, 111., October 18 (latest, October 22, 11M»4); southern Iowa, October 22 (latest, November 4, 1885); central South Dakota, October 7; eastern Nebraska, November 11; central Missouri, November 6 (latest, November 13, 1902). The last one seen in 1896 at Aweme, Manitoba, was on October 30. During the fall migration the blue-winged teal is fairly common on the Bermudas, but it rarely occurs there in spring. Q,uerquedula cyanoptera ( Vieill. ). Cinnamon Teal. Breeding range. — The breeding range of the cinnamon teal differs essentially from that of almost every other duck in the Western Hemi- sphere. It consists of a large area north of the equator and a similar district south of the equator, and these two homes are separated b}^ a strip about 2,000 miles wide, in which the species is practically unknown. In North America the breeding range extends north to southe a British Columbia (Lac la Hache) and southwestern Alberta; east to eastern Wyoming (Lake Como, Cheyenne), western Kansas (Fort Wallace, Meade County); south to northern Lower California (La Grulla, San Rafael Valley, and possibly San Jose del Cabo), northern Mexico (Chihuahua City), southern New Mexico (Carlsbad), and south- western Texas (Marathon, Rock Spring). The cinnamon teal occurs sparingly in migration as far east as Hous- ton, Tex., and Omaha, Nebr. It has been noted as accidental at Oak Lake, Manitoba; Big Stone Lake, Minnesota; Lake Koshkonong, Wisconsin; Licking County Reservoir, Ohio; Seneca River and Seneca Lake, New York; Lake Pontchartrain, Lake Cattawatchie, St. Malo, and Opelousas, Louisiana; Mount Pleasant, S. C. ; Lake lamonia and Key West, Florida. Throughout this breeding area the eggs are deposited during May and June. About six months later the South American colony breeds. The breeding range includes the pampas of Argentina as far north as Buenos Aires, while in the Andes it extends north to central Peru (Santa Luzia). Southward the species breeds as far as the Falkland Islands and the Straits of Magellan. These South American breeders, of course, are not the same birds which nest in North America, for it is true, without exception, that no bird which breeds north of the equator breeds also in the Southern Hemisphere. CINNAMON TEAL. 35 Winter range. — The cinnamon teal of North America retires in winter but little youth of its breeding range in Mexico as far as Mazat- lan, Guanajuato, and the Laguna de Chapulco, Puebla. It is found at this season as far north as Brownsville, Tex., central New Mexico, southern Arizona, and Tulare Lake, California. South of Mexico the only record is of an accidental occurrence in Costa Rica. There is no reliable record as yet for the West Indies. During the winter season the cinnamon teal of the Southern Hemi- sphere has been noted as far south as the mouth of the Senger River, in Patagonia, latitude 44*^ S., and Chiloe Island, Chile, in nearly the same latitude. The northern range in winter is not determinable with exactness from present data. The species passes north to Rio Grande do Sul, Brazil, and to southern Paraguay. It has been noted at Chorillos and Tungasuca, Peru; near Quito, Ecuador; at Bogota and Santa Marta, Colombia. These Ecuador and Colombia teal may be accidental occurrences; it is significant, at least, that all the specimens from Colombia were taken a half a century ago, and the species has not been noted there by recent collectors. I Sj)ring migration. — The northward movement of the cinnamon teal in the United States begins about the 1st of March, and arrivals have been noted at Ash Meadows, Nevada, March 18, 1891; Grangeville, Idaho, April 11, 1887; Chilliwack, British Columbia, April 21, 1888, and April 22, 1889; Beloit, Colo., March. 23, 1892; Colorado Springs, April 9, 1882; Loveland, Colo., April 13, 1890; Lay, Colo., April 20, 1890; Omaha, Nebr., April 10, 1896, and April 12, 1897; Lake Como, Wyoming, about May 5. Fall migration.— ^owi\i^2ivdi migration occurs chiefly in September, :and the northern portion of the breeding grounds from British Co- lumbia to eastern Colorado is deserted about the middle of October. Migration in South America.— T\\q cinnamon teal of South Amer- ica is migratory in at least part of its range, for in central Argentina it is abundant during the winter season, April to September, and rare or lacking during the breeding period. The species is migratory also in the southern portion of its range in Chile. In northern Chile and in Peru migration records are wanting. The time and direction of the migration of this species in South America correspond closely with those in the United States, but of course the breeding and wintering seasons are reversed, since they are on opposite sides of the equator. Thus the cimiamon teal is distributed in two distinct colonies, part of the individuals breeding far north of the equator, and the rest about an equal distance to the south. The northern breeders migrate south after nesting, and the southern breeders migrate north. Whether or not the members of these two groups now represent subspecies, they arc so much alike as to indicate a connnon origin and a former con- tinuous breeding range. Whether isolation was gradual or was effected rapidly it is impossible to say, nor do we know the cause. 36 NORTH AMERICAlSr DUCKS, GEESE, AND SWANS. Casarca casarca (Linn.). Ruddy Sheldrake. This is a European, African, and Asiatic species that has been taken several times in western and northern Greenland, Spatula clypeata (Linn.). Shoveler. Breeding range. — The principal North American summer home of the shoveler is in the prairie region of the interior, from a little south of the Canadian border, north to the Saskatchewan. Throughout this region it is common. To the eastward it is rare. It is scarcely com- mon as far as Hudson Bay; nor is it common east of a line from south- eastern Michigan to the mouth of Chesapeake Bay, in which latter region it is found onh^ in migration and in winter. In the maritime provinces of Canada, and even north to Newfoundland, the shoveler has been recorded as a rare or casual visitor; but reliable breeding records from this region seem to be lacking. It is rare as a breeder in southern Michigan, and to the eastward is almost accidental in summer, though it has been known to breed at English Lake, northwestern Indiana, and at Long Point, on the north shore of Lake Erie. The regular breed- ing range extends south to northern Iowa and southern South Dakota; thence southward it breeds rarelv and localh^ in Nebraska and Kansas, and during the summer of 1905 one of the parties of the Biological Survey found it breeding near East Bernard, about latitude 29^ 30', in southeastern Texas. In the western United States the species breeds commonl}' from Colorado to northern California, and rarely in New Mexico (Santa Rosa), Arizona (Mogollon ^Mountains), and southern California (Los Angeles County). On the southern coast of Texas the species is not uncommon all summer, though these summer residents are probably nonbreeders. Mated birds have been found in May in northern Chihuahua, Mexico, and at the southern end of Lower Cali- fornia, and it is not improbable that the species may breed locally in these districts, and even south to Lake Chapala, Jalisco. The northern limit of the usual breeding range is from the valley of the Saskatchewan to central British Columbia. The species is a rare breeder thence northward to the edge of the Barren Grounds,, casually to Fort Anderson and Fort McPherson. It is rather rare in the Yukon region, but has been known to breed at Fort Yukon, Nulato, and along the west coast of Alaska from the mouth of the Kuskokwim River to Kotzebue Sound. The shoveler has a wide range in the Eastern Hemi- sphere, breeding north about to the Arctic Circle, and retiring in win- ter to northern Africa and southern Asia. Winter range. — A few pass south in winter to Colombia, South America (Medellin, Bogota), Panama, Costa Rica, and through the West Indies (Cuba, Jamaica, Porto Rico, St. Thomas, Barbados, and Trini- dad). It is rare in Florida, and seems not to have been noted in the PINTAIL. 37 Bahamas. The Carolinas are the only place on the Atlantic coast where the species is common. It is not rare in Maryland, and there are a few winter records for New Jersey. The greater portion of the species winters in the southern Mississippi Valley, north rarely to southern Illinois— accidental January 11, 1893, at Lanesboro, Minn.— and south through Mexico to central Guatemala; indeed many hundreds of thousands are said to winter near Lake Chapala, Jalisco. At this sea- son it is found in New Mexico, Arizona, all of California, and less com- monly north on the Pacific coast to southern British Columbia. Num- bers winter in the Hawaiian Islands. During flight between the winter and summer home it passes through the northeastern United States, not rarely through Pennsylvania and New York, and formerly it was not rare in Massachusetts; but for the last fifteen years there has been hardly- more than a single record a year for the whole of New England. Sjyring migraf ion.— Records of the movements of this species are not numerous enough to permit exact statements. Migration begins late in February, but is slight before the middle of March, at which time the species begins to appear north of its winter range. Average dates of arrival are: Central Illinois, March 23; central Iowa, March 23 (average of sixteen years); Heron Lake, Minn., March 26; central Nebraska, March 25; central Colorado, March 12; vicinity of Chicago, 111., April 16; southeastern Minnesota, April 9; central North Dakota, April 13; southern Manitoba (twelve years), April 21; Terry, Mont., April 13. The first were seen near Edmonton, Alberta, May 1, 1901; Fort Chipewyan, Mackenzie, May 7, 1893; Fort Resolution, Macken- zie, May 18, 1860, and at the mouth of the Yukon River the second week in May. The general time of breeding can be learned from the following dates: Haywards, Cal., eggs April 25, 1901; East Bernard, Tex., downy young May 14, 1905; Fort Snelling, Minn., eggs May 23; North Dakota, incubated eggs June T; Oak Lake, Manitoba, eggs May 24, 1892. Fall inigration.—Xn individual seen at Erie, Pa., September 6, 1893, marks about the beginning of fall migration, and soon after this, by the middle of the month, the earliest migrants have reached the mouth of the Mississippi River. The larger portion has departed from the northern United States by the middle of October, and the region just north of the winter range is deserted early in November. South of the United States, at the southern end of Lower California, the first arrivals have been recorded October 18; (luaymas, Mexico, Novem- ber; Panama, October 16; Cuba, September; Jamaica, November; Trinidad, December. Dafila acuta (Linn.)- Pintail. Breeding range.— Th\^ is a common breeding duck throughout a wide stretch of country from North Dakota to the Arctic Ocean and 38 NORTH AMERICAN DUCKS, GEESE, AND SWANS; Alaska. The western shores of Hudson Bay seem to be the eastern limit of the normal breeding- ground in North America. A few birds have been seen in Labrador, north to Ungava Bay, on the west coast of Greenland, north to Upernavik, and also in Newfoundland and the Maritime Provinces. But there are only a few breeding records east of the line from the western side of Hudson Bay to the western shore of Lake Michigan; examples are: St. George Island, James Bay; St. Clair Flats, Ontario, and the north shore of Lake Erie. Breeding abun- dantly along the northern border of the United States from Lake Superior nearly to the Pacific Ocean, the species decreases in numbers southward until it is rare or casual as a breeder in southern Wiscon- sin, northern Illinois (Will, Calumet Marsh, Grass Lake): southern Minnesota (Faribault, Waverly, Heron Lake); northern Iowa (Han- cock Count}'); southern Soutli Dakota (Vermilion, Scotland, Running Water), and northern Nebraska (Kennedy, Hay Lake); accidental near Kansas Citv, Mo. ; abundant in Montana and rare in Wyoming (Lake De.smet), Colorado (Larimer County), and probably Arizona (Mormon Lake): common in British Columbia, and rare and local through Washington (Mabton) and Oregon (Rock Creek Sink) to southern California (Alamitos). The northern limit of the breeding range extends from the Arctic coast northwest of Hudson Bay west to Alaska and the Siberian coast. The pintail breeds in the northern portions of the Old World and migrates south in winter to northern Africa and southern Asia. A few have been taken in the Bermudas in the fall and winter. Winte?' range. — The pintail i.s common in winter on the coast of North Carolina, and is not uncommon coastwise as far south as Flor- ida; many spend the winter in Cuba, a few pass to Jamaica, and there is one record of the species in Porto Rico; it is one of the common winter ducks from Mexico to Costa Rica, rare in Panama; a few win- ter as far north as Pennsylvania and New Jersey, while accidentals in winter have been recorded from Long Island and Lvnn, Mass. Onlj^ a few winter in the Mississippi Valle}" north of southern Illinois, and thence the winter home extends through Texas, New Mexico, and Arizona to the Pacific coast, where it is abundant at this season as far north as southern British Columbia. The .species winters casually in southern Ohio and southern Indiana, while of late years it has become a regular local winter resident in southern Wisconsin. Spring migration. — The pintail vies with the mallard in the earli- ness of its spring movements; these two, with the Canada goose, are among the first of the waterfowl to wing their way northward. Even in February, while winter still holds sway, restless adventurers appear in much of the region, which, except in a few favored spots, forbids; residence through the winter. The average date of arrival of these birds in central Indiana (fourteen years) is February 21; southern PINTAIL. 39 Illinois (twelve years), Februaiy 26; central Missouri (fourteen years), February 26; Keokuk, Iowa (fourteen years), February 18; central Kansas (seven years), February 21; southern Nebraska (five years), February 23. Farther north average dates of arrival are Erie, Pa., March 11 (earliest February 23, 1891); northwestern New York, March 25 (earliest Februarj^ 25, 1902); southern Ontario, April 18; Ottawa, Ontario, April 30; Montreal, April 23; Prince Edward Island, April 24. The late arrival of this species in eastern Canada is noteworthy, for by the time it reaches there, late April, in the inte- rior it has penetrated a thousand miles farther north. Along this lat- ter route average dates of appearance are southern Michigan, March 18; vicinity of Chicago (thirteen years), March 20 (earliest March 12, 1893). The normal time of arrival in central Iowa, as deduced from copious records for twenty years, seems to be March 6, but in twelve of these years one station or another reported unusually early birds, the average date of arrival of which is February 21. The average date when southern Minnesota is reached is (fourteen years) March 9 and northwestern Minnesota (four years) April 8. On the plains the average dates are, northern Nebraska, March 5; southern South Dakota, March 8; central South Dakota, March 17; Larimore, N. Dak., April 3 (earliest March 20, 1889); Reaburn, Manitoba, April 8 (earliest April 5, 1900); Qu'Appelle, Saskatchewan, April 10 (earliest March 25, 1905); Great Slave Lake, Mackenzie, about May 1; Fort Confidence, May 22, 1849. A very early bird was seen at Fort Simp- son, Mackenzie, April 28, 1904. Nearer the Rocky Mountains, the average date at Terry, Mont., was April 1 (earliest March 10, 1902); Great Falls, Mont., March 16 (earliest March 10, 1889); Edmonton, Alberta, April 7, 1887; St. Michael and Nulato, Alaska, about May 1; Kowak River, Alaska, May 14, 1899; Point Barrow, Alaska, June 18, 1882. The pintail not only migrates early, but it is also among the earlier ducks to breed, as evidenced by the following data: Will, III, eggs. May 10, 1877; Calumet Marsh, Illinois, fresh eggs, May 29, 1875; Han- cock County, Iowa, eggs, May 1, 1879; Hay Lake, Nebraska, half -grown young, June 17, 1902; North Dakota, eggs, early May, young, first week of June; Oak Lake, Manitoba, incubated eggs, May 24, 1892; near Lake Athabasca, eggs nearly hatched, June 8, 1901; Nulato,' Alaska, beginning to breed May 20; Circle City, Alaska, downy young, July 10, 1903; Kowak River, Alaska, first eggs, June 1, 1899. Fall migration.— k^ is true of most ducks, there is a southward movement in August, but it is not until early September that many appear south of the breeding grounds, and in the course of two weeks a few birds find their way even to the Gulf of Mexico, arriving there by the middle of September. Some early dates are: Erie, Pa., September 6, 1893; Alexandria, Va., September 13, 1890; Long 40 KORTH AMERICAN DUCKS, GEESE, AND SWANS. Island, September 15, 1903; Rhode Island, September 1; eastern Massachusetts, September 11; Montreal, September 3. The main flight is a whole month later, bringing- the birds in large numbers to Chesapeake Bay the middle of October and to the coast of North Caro- lina late in that month. Some verj^ earl}^ migrants have been seen in west central Texas September 4; at Corpus Christi, Tex., August 18, 1902, and at the southern end of Lower California, August 29. The last ones leave the Arct-ic just about the time the first reach the Gulf of Mexico; the last were noted at Point Barrow, Alaska, September 7, 1882; Kowak River, Alaska, September 11, 1898; St. Michael, Alaska, October 10; Fort Franklin, Mackenzie, September 27, 1903. Large flocks begin to leave southern Minnesota the middle of October, and most have departed b}^ the first of November. [Pcficilonetta bahamensis (Linn.)- Bahama Duck. This duck is among the species that range most widely in the "Western Hemi- sphere. It is strange that it should not have been detected in Florida, for it occurs throughout the Bahamas, even in the most northern islands. Thence it ranges through the Greater and the Lesser Antilles to South America. In Brazil it is one of the most abundant ducks and occurs in decreasing numbers even south to the Falkland Islands. It has been recorded from every country of South America except Colombia, Venezuela, and Ecuador. It breeds throughout its range from the Baha- mas to the Falklands.] Aix sponsa (Linn.). Wood Duck. Breeding range. — The wood duck is more closely confined to the United States than any other North American duck. South of thi? countr}'^ it is not a rare resident in Cuba and is accidental in Jamaica and the Bermudas. It occurs in California south to Los Angeles and Ventura counties, in the latter of which it breeds. There is a single record for Mexico, at ]VIazatlan. It breeds in eastern Texas, south rarely to San Antonio; thence to the Pacific slope an'cl north through- out the whole Rocky Mountain region it is rare or accidental. It is recorded as breeding in southwestern Colorado (Fort Lewis), north- ern Idaho (Fort Sherman), northern Montana (Flathead Lake), and as a rare migrant in various localities south to New Mexico and Arizona. The northern extension of its range is found in Nova Scotia and New Brunswick, for the species is not yet recorded from Newfound- land, and there seems to be no reliable record for Labrador. It ranges at least as far north as Montreal, Ottawa, Moose Factory, Trout Lake, and Cumberland House. It appears to be absent from the Rocky Mountain region of Canada, but occurs in southern British Columbia (Agassiz, Sumas, Chilliwack, and Burnaby Lake). It is one of the earliest ducks to breed, as young were found in northern Florida on March 19, 1877. MUSCOVY DUCK. 41 Winter 7nnge. — The southern range in winter has already been given; northward the species winters regularly to North Carolina, occasion- ally in Maryland and Pennsylvania; accidentally in New York and Massachusetts. In the interior it is found at this season as far north as southern Indiana, southern Illinois, and Kansas. On the Pacific coast a few winter near the northern limit of the summer range. Spring migration. — This duck is one of those which migrate north moderately early, and in central New York the average date of its arrival is March 25 (earliest March 16, 1898); eastern Massachusetts, March 24; Montreal, Canada, April 24; central Iowa, March 20 (ear- liest March 7, 1898); northern Ohio April 1 (earliest March 10, 1887); Petersburg, Mich., March 15; southern Ontario, April 17 (earliest April 1, 1890); Ottawa, Ontario (average fifteen years), April 22 (ear- liest March 26, 1898); Heron Lake, Minn., April 4 (earliest March 24, 1890); Elk River, Minn,, April 6 (earliest April 4,1885); southern Manitoba, April 15 (earliest April 2, 1895.) Fall migration. — The southward migration amounts to no more than withdrawal from the northern half of the summer range. This occurs largely during October, and the average date when the last migrants are seen at Ottawa, Ontario (fourteen years), is October 27 (latest November 7, 1896); Montreal, November 1; southern Maine, October 27 (latest November 2, 1896); southern Iowa, November 9 (latest November 21.) [Cairina moschata (Linn.)- Muscovy Duck. In its domesticated form this duck is well known throughout the civilized world. In its wild state it is an abundant inhabitant of Middle and South America from Tampico, Yucatan, Mazatlan, and the Rio Zacatula in Mexico to central Argentina. There is no certain record of its occurrence in the United States nor in the West Indies, although a supposed hybrid between the muscovy and the mallard was described from Jamaica under the name of Anas viaxima, and similar birds have been taken several times along the Atlantic coast of the United States. Probably all these escaped from domestication.] Netta rufina (Pall.). Rufous-crested Duck. This is a European and Asiatic species, one specimen of which was found in 1872 in the New York City market. Aythya am.ericana (Eyt. ). Redhead. Breeding range.— Tha greater number of redheads summer in a rather restricted area in western central Canada, comprising western Manitol)a, Alberta, and Saskatchewan. The species breeds not rarely in the northern portions of Minnesota, North Dakota, and Montana. It is less common in southern Minnesota (Madison, Heron Lake), southern South Dakota (Harrison, Vermilion), Idaho (Lake Hoodoo), and on the Pacific slope locally from Lac la Hache, British Columbia, 42 NORTH AMERICAN DUCKS, GEESE, AND SWANS. south to southern California (Ventura and Los Angeles counties), and east to Ruby Lake, Nevada, and Rush Lake, Utah, The redhead used to breed not uncommonly in the great marshes of the lake region of southeastern Wisconsin, but now it is restricted to a few localities, one of which is Lake Koshkonong. It has bred on the St. Clair Flats of Michigan and Ontario. Only a few pass as far north as 54° latitude, the northern range of the species thus being more restricted than that of any other Canadian duck. A stray was taken in 1896 on Kadiak Island, Alaska, the only record on the Pacific coast north of Vancouver Island, and an indi- vidual was taken in the fall in southeastern Labrador, It is not yet recorded in Newfoundland, and is a rare migrant in the Maritime Provinces. Winter range. — The principal winter home of the redhead is from Texas, along the Gulf and Atlantic coasts, to Chesapeake Ba}^; a few winter on Long Island, and a still smaller number around Cape Cod and Lakes Ontario and Erie; the species winters in the Mis- sissippi Valley north to Illinois and Kansas, and in the West to New Mexico, Arizona — rarely Utah — Nevada, and southern British Columbia, almost as far north as it breeds. The redhead is not unconnnon in winter in the Viilley of Mexico, but is quite rare on the west coast south to Manzanillo and southern Lower California. It is accidental in Jamaica. Spring migration. — The redhead moves north with the great bodj'- of river ducks soon after the first open water appears. Average dates of arrival are: Oberlin, Ohio, March 10 (earliest March 4, 1904); cen- tral Indiana, March 13 (earliest March 6, 1887); southern Ontario, March 24 (earliest March 14, 1898); Keokuk, Iowa, March 7 (earliest February 13, 1898); central Iowa, March 18 (earliest, March 8, 1887); southern Wisconsin, March 30 (earliest March 10, 1898); Heron Lake, Minn,, March 26; central Nebraska, March 10 (earliest February 10, 1896); northern Montana, April 13 (earliest April 7, 1895); southern Manitoba, April 21 (earliest April 12, 1903). Eggs have been found in southern California in May; at Horicon Lake, Wisconsin, May 24; in northern North Dakota, June 1; at Rush Lake, Saskatchewan, June 15. J^all migration. — The movement of the redhead exhibits in extreme degree a phase of migration, shared to a lesser extent by several other species, in which the course taken is at a wide angle from the normal southern one. Lake Winnipeg marks the extreme northeastern part of the district where it breeds commonly, and yet the species is a fairly common fall migrant along the Atlantic coast from Cape Cod southward. The individuals that visit Cape Cod take an almost eastern course, or at least go 3 miles east for every mile south. From the nearest breeding grounds to the lower Hudson Valley, which is CANVASBACK. 43 about as far north as the species occurs regularly in large numbers, the course is almost at right angles to the general trend of the Atlantic coast line. In other words, this is the course the redhead should take to reach salt water by the shortest route. This route from Manitoba to Long Island is through a district abounding in shallow lakes and marshes, which furnish abundant food. After reaching the coast, most of the redheads pass southward and winter from Chesapeake Bay to Florida and the Bahamas. Only a portion of the species, however, takes this east and west course. Many flocks pass directly south and are common all through the Mississippi Valley to the Gulf coast and through Texas to central Mexico. The average date when the first migrants appear in southern Ontario is September 19 (earliest September 10, 1896); at Erie, Pa., the average date is October 7, while at Alexandria, Va., a long series of careful records fixes October 12 as the average date of arrival — October 5 (1901) the earliest — and October 29 as the average date when the species becomes common. In general it may be said that the large flocks cross into North Dakota about the 1st of October, are common in the central Mississippi Valle}^ about the middle of the month, and reach the Gulf coast, from Texas to Florida, early in November, when the last are deserting the northern breeding grounds. A single individual was seen in southeastern Labrador, September 23, and this bird must have journeyed nearly 2,000 miles in a due easterl}^ direction. Ayth.ya vallisneria (Wils. )• Canvasback. Breeding ramje. — The district just east of the Rocky Mountains in Alberta seems to be a center of abundance of this species in the breeding season. East of this district it breeds commonly to about the one hundredth meridian; south to the southern boundary of Canada, west to central British Columbia and Sitka, north to Great Slave Lake, and northwest to Gens de large Mountains and Fort Yukon. It does not conmionly breed in the United States, but a few nest in northern North Dakota and in diminishing numbers southward to Nebraska (Cod}^ Irwin, Hackberry Lake); it is rare as a breeder in Minnesota (Madison, Heron Lake), and a few crippled birds have been known to breed on Lake Koshkonong, Wisconsin. In .1900 it bred casually at Barr Lake, near Denver, Colo., and it has been known to breed at Pyramid Lake, Nevada, and in a few places in Oregon. Winter range. — The statements of the breeding range just made show that the eastern edge of the regular summer home is more than a thousand miles west of Chesapeake Bay, which, until a comparatively recent period, was a favorite winter home for the canvasback. The line of the Great Lakes seems to be the general route followed in this southeastward migration, and a few canvasbacks stop for the winter 44 NORTH AMERICAN DTTCKS, GEESE, AND SWANS. as far north as Lake Erie and western New York. To the northward of Chesapeake Ba}^ the numbers decrease rapidly until Long Island is reached, where the bird is rare. It is hardly more than a straggler in Massachusetts and is accidental in Maine, New Brunswick, and Nova Scotia. It has not been recorded as yet from Newfoundland, Lalirador, or the Hudson Bay region. The great flocks that formerly covered Chesapeake Bay are of the past, but a few still winter on the coast of the Carolinas. Accidentals are I'ecorded from the Bermudas, from Cuba and Jamaica, and one from Guatemala. These seem to be all the records south of the Valley of Mexico, where it is not rare in winter. The winter range extends from this district and Mazatlan on the western coast, north to southern Illinois, Colorado, Nevada, and southern British Columbia. Spring migration. — In February a few move north, bringing the van the latter part of that month to about latitude 39° in the Missis- sippi Valley, which is the northern limit of the species in mild winters. Early March brings the species to southern Iowa. Average dates of spring arrival are: Keokuk, Iowa, March 12; central Jowa, March 15; southern Wisconsin, March 26; Heron Lake, Minn., March 28 (earliest March 19, 1889); central Nebraska, March 14; northern North Dakota, April 18; southern Manitoba, April 21 (earliest April 6, 1885). In the interior of British Columbia eggs have been found May 21; in North Dakota, May 18; at Great Slave Lake, June 4, and Fort Yukon, June 3. Fall inigration. — In the day of the great flights to Chesapeake Bay the gunners did not expect large Hocks of canvasbacks much before the middle of November, but a small number appeared some time ear- lier. For the last sixteen years the average date of the first arrival at Alexandria, Va., has been October 21 (earliest October 15, 1903). On the average canvasbacks have become tolerably common by Novem- ber 8; in 1888 by -the last of October. These flocks cross Lake Erie early in October, and the height of the shooting season there is toward the end of that month. The first flocks cross the boundary to the upper Mississippi Valley the last week in September and during the month of October spread gradually south to the southern limit of the range in the Valley of Mexico. Southern California is reached about October 20. In 1895 the last were seen at Heron Lake, Minnesota, on November 27. Aythya marila (Linn.). Scaup Duck; Broadbill; Blackhead; Bluebill. Breeding range.- — The principal summer home of the scaup in the Western Hemisphere is northwestern North America, from northern North Dakota, southeastern British Columbia, and Sitka, Alaska, north to Fort Churchill, Great Slave Lake, Fort Reliance, Alaska, and JKotzebue Sound; also throughout the whole Aleutian chain to the scAur DUCK. 45 Near Islands. It breeds accidentally or casually at Mount Vernon, Va., 1881; Magdalen Islands, Gulf of St, Lawrence; Toronto, Ontario; St. Clair Flats, Michigan; Clear Lake, Iowa; Minneapolis and Fergus Falls, Minn, ; and Great Whale River, James Bay. The species also breeds in the arctic regions of the Old World, and winters south to southern Europe and central Asia, Wi?iter range. — This is one of the principal game birds of the Atlantic coast region from Massachusetts to Chesapeake Bay, and it is probably more common here during the winter than in any other part of its range. The winter range on the Atlantic coast of this and the next species is complementary. The present species is common from Chesapeake Bay northward, while most of the lesser scaups winter south of that district and are most conmion from North Caro- lina to Florida. A small proportion of the flocks of the greater scaup pass south to the CaroUnas and a few continue on to Florida and the Bahamas, The records for the West Indies seem to belong to the lesser scaup and the same is probably true of the few records for Mexico and Central America. The species winters regularly on the New Jersey coast and usuall}^ on Long Island; its stay in Massachusetts is governed by winter con- ditions, and during mild winters like those of 1891-92, 1893-94, and 1903-4, it is quite common along the southeastern coast. Occasionally some scaups wintei' oven on the coast of Maine. It occurs throughout the Mississippi Valley in winter north to southern Wisconsin and Toronto, Ontario, though it is hardly more than a straggler in winter north of the Ohio River, The greater scaup ranges nearly to the southwestern boundary of the United States in southern Texas, southern New Mexico, central Arizona, and to San Diego, Cal. A few winter in southern Colorado, southern Utah, and more commonly in Nevada, and on the Pacitic coast north to the Aleutian Islands. Spring migratio7i. — Few birds have a more pronounced northwest and southeast migration than the greater scaup duck. Its center of abundance in winter is on the Athintic coast between the meridians of 74"'^ and 76° longitude, but ahiiost all of these Atlantic coast birds breed west of the meridian of 95"^ longitude, and their route in spring is along the general direction of the chain of lakes that stretches almost due northwestward from Lake Erie to Great Slave Lake, The two routes of migration — south along the Mississippi River and south- west to the New England coast— are revealed still more clearly in the fall, when this species scarcely occurs in Indiana, though common both to the east and west of that State. In spring some of the flocks move north along the coast, slightly beyond their winter home, to eastern Massachusetts, but so large a proportion of them turn inland that the species is rare to the northeastward of this State, straggling 46 NOETH AMEEICAN DUCKS, GEESE, AND SWANS. to Newfoundland, and once recorded on the eastern coast of Labrador'. Average dates of spring arrival are: Mon'reai, Canada, April 15 (ear- liest April 7, 1893); Oberlin, Ohio, March 24 (earliest March 9, 1904); central Indiana, March 17 (earliest March 1, 1892); northern Illinois, March 23 (earliest March 6, 1894); southern Ontario, March 30; southern Michigan, March 29; southern Wisconsin, March 13; central Iowa, March 16; Heron Lake, Minn., April 2; southern Manitoba, April 16 (earliest March 31, 1892); in 1905 one was seen March 27 at Indian Head, Saskatchewan, nearly a month earlier than usual. The species was seen May 24, 1901, at Fort Chipewyan, Alberta, and the first was noted May 24, 1904, at Fort Simpson. Its arrival has been noted at Fort Reliance, Yukon, May 1; at St. Michael, Alaska, Maj^ 8-10, and on the Kowak River, Alaska, June 1, 1899. In most seasons about Long Island the last week of March marks the disappearance of the large flocks. Some years they remain during the first few days of April, and the last linger until about the 1st of May. Eggs have been taken at Minneapolis, Minn., May 13; Oak Lake, Manitoba, May 24, 1892; Kowak River, Alaska, June 14, 1899; St. Michael, Alaska, end of Ma3^ Fall migration. — Soon after the first of October, flocks of 'broad- bills ' begin to appear near Long Island and the numbers increase all through this month. September 26 is the average date when the first scaups arrive. Early arrivals, on the average, reach Alexandria, Va., October 18, and the species becomes common about the 1st of Novem- ber. October is the month of ai-rival for this species throughout most of its winter range in the United States, and the early part of this month is the time of departure from the most northern breeding grounds. The last leave St. Michael, Alaska, October 7 to 15. The last leave Montreal, on the average, November 9 (latest November 14, 1896); the latest was seen at Heron Lake, Minn., November 27, 1885. Aythya aflSnis (Eyt. ). Lesser Scaup Duck. Breeding range. — In the case of this species a distinction needs to be drawn between the breeding range and the summer range. Quite a number of nonbreeding individuals spend the summer many miles south of the nesting grounds, so that the eggs or 3^oung are the only certain evidence that the species breeds. These nonbreeding birds are not rare on the New England coast, Long Island Sound, and the Great Lakes. The lesser scaup does not breed regularly in northeastern United States nor in any of the Maritime Provinces; indeed, there is scarcely a breeding record for the whole of North America east of Hudson Bay and Lake Huron. The extreme easterly points at which the species breeds are around Lake St. Clair and the western end of Lake Erie in Ohio, Michigan, and Ontario; thence westward, a, few LESSER SCAUP. 47 breed in northern Indiana (Kewanna, Eng-lish Lake), southern Wis- consin (Delavan, Lake Koshkonong), northern Iowa (Spirit Lake, Clear Lake), northern Nebraska (probably in Cherry County), Mon- tana (common), and central British Columbia (Cariboo district). The species is rather rare on the Pacific coast and seems to have been found only once on the coast of Alaska (Portage Bay, near Chilkat River), though not rare inland on the Yukon River, breeding as far north as Circle City. The principal breeding range of the lesser scaup is the interior of Canada, from northern North Dakota and northern Montana to the edge of the timber near the Arctic coast in the Ander- son River and the Mackenzie River regions. Migration range. — The route of migration in the fall evidently tends toward the southeast, for at this season the species is not uncom- mon in New England, and is a' rare visitant of Nova Scotia and even of Newfoundland, and is accidental in Greenland and the Bermudas. Winter range. — The southeastward movement just mentioned brings a large number of lesser scaups to the South Atlantic States, from Maryland southward; indeed, in Florida it is one of the commonest ducks, and continues to be common as far south as the Bahamas, the Greater Antilles, and east to St. Croix, St. Thomas, Virgin Gorda, St. Lucia, and Trinidad. It is not rare in Panama and Costa Rica, while it is abundant In Guatemala, Yucatan, Mexico, and Lower Cali- fornia, and less common on the Pacific slope north to southern British Columbia. The species remains north in winter, on the Atlantic coast as far as New Jersey and Pennsylvania, and in the interior as far as southern Illinois, southern Colorado, and Arizona. There are a few records of its occurrence in winter in western New York. Spring niigration. — An abundant migrant in the upper Mississippi Valley, the lesser scaup is one of the less earl}^ ducks to arrive. It has appeared at Keokuk, Iowa, just north of its winter home, on Feb- ruary 26, average of five years (earliest date February 21, 1892); while during another period of five years the average date of its arrival was March 19. The average date of arrival in central Iowa is March 21, as deduced from thirteen years' observations; at Heron Lake, Minn., March 22 (earliest March 5, 1887); central Nebraska, March 29; Loveland, Colo., March 12 (earliest March 8, 1887). The average of six 3'ears'' observations at Chicago, 111., gives April 0 as the date of appearance, while in a neighboring localit}^, English Lake, Ind., it has been taken several times by March 12, and in 1892 on March 6. The average dates are: Central Indiana, March 27; Oberlin, Ohio, March 23 (earliest March 15, 1901); southern Michigan, .Alarch 25 (earliest March 11, 1905); Ottawa, Ontario, April 20; Montreal, Canada, April 14; Reaburn, Manitoba, April 9. This species was seen near Pelican Rapids, Alberta, May 7, 1901, and at Fort Simpson, Macken- zie, May 21:, 1904. It is one of the later breeding ducks. Young 4510— No. 26—06 4 48 NOETH AMEKIOAN DUCKS, GEESE, AND SWAKS. were seen at Mitchells Bay, Ontario, June 6, 1888; eggs at Rush Lake, Saskatchewan, May 28, 1892; and eggs on the lower Anderson June 17, 1865. Fall migration. — The species remains on its breeding grounds until quite late in the fall, and in the United States rarely becomes numerous before the 1st of October. At Alexandria, Va., the average date of arrival (ten years) is October 12 (earliest, September 25, 1903) and the average date on which it becomes common is October 27. In 1902 the first arriA'al in northern Florida was seen November 18, and about this date it appears in the Bahamas and in southern Lower Cali- fornia. It is one of the last of the river ducks to leave the far north, and in 1903 was seen at latitude 64'" on the Mackenzie River until the middle of October. Average dates when the last were seen are: Mon- treal, Canada, November 5 (latest, November 12, 1894); Ottawa, Ontario, November 11 (latest, November 21, 1892); southern Mani- toba, Novembers; southern Minnesota, November 13; Keokuk, Iowa, December 2. Aythya collaris (Donov.)- Ring-necked Duck. Breeding range. — The summer home of this species seems to com- prise two general areas separated b}-^ the Rocky Mountains. The greater number breed in the interior, from North Dakota and Minne- sota north to Athabasca Lake and east to the western side of Lake Winnipeg. It breeds rarely south to southern Minnesota (Minneapo- lis, Heron Lake), northern Iowa (Clear Lake), and to southern Wis- consin (Lake Koshkonong; Pewaukee Lake). Though eventually the species ma}' be found breeding in Alberta, at present there seems to be no certain nesting record for the entire Rock}^ Mountain chain from New Mexico to Alberta. AVest of the Rockies the ring-necked duck seems to breed in small numbers from Fort Klamath, Oreg., to south- ern British Columbia (Cariboo district). It is said to breed also on the Near Islands, Alaska. Winter range. — The Gulf coast, from Florida to Texas, is the prin- cipal winter home of the ring-necked duck, and here locally it is the most abundant duck at this season. It is common also in the Bahamas and Cuba, rare in Jamaica, and has been noted once in Porto Rico, and once in the Bermudas. On the mainland it is rare in California and Lower California, common in Mexico, and ranges to central Guate- mala. Northward it is common in the Carolinas, rare to Maryland and New Jersey, and thence westward to southern Illinois, northern Texas, New Mexico, and north on the Pacific coast to southern British Columbia. Spring migration, — Along the Atlantic coast from Massachusetts northward to Newfoundland this species is a rare migrant, and is one of the later ducks to move. The average date of arrival at Erie, AMERICAN GOLDEN-EYE. 49 Pa., is April 16 (earliest March 15, 1903). The migration in the Mis- sissippi Valle}' is somewhat earlier; average dates are: English Lake, Ind., March 11 (earliest February 27, 1892); Keokuk, Iowa, March 14 (earliest March 4, 1894); Heron Lake, Minn., March 27 (earliest March 15, 1894). The first arrival was noted at Osier, Saskatchewan, May 2, 1893, and at Fort Chipewyan May 22, 1893. Eggs have been taken at Pewaukee Lake, Wisconsin, May 20, 1867; Minneapolis, Minn., May 27, 1876; Turtle Mountain, N. Dak., June 14,1898; Rush • Lake, Saskatchewan, June 15, 1892. Fall iiiigratlon. — Southward migration in the Mississippi Valley is earlier than it is along the Atlantic coast; in the former the bird reaches the Gulf coast about the middle of September, and has been noted in the Valley of Mexico September 28; along the Atlantic it appears at Alexandria, Va., on the average, October 23 (earliest arri- val October 6, 1901), and it becomes common at an average date of November 11. It w^as seen near Athabasca Landing September 4, 1903. The average date when the last migrants were seen at Ottawa, Ontario, was October 30 (latest November 21, 1892); latest in Massa- chusetts November 23; Erie, Pa., December 3, average date of the last arrivals in southern Minnesota (eight years) November 13. Clangula clangula americana (Bonap. )• American Golden-eye. Breeding range.— Thin is one of the more northern-breeding ducks, but its choice of hollow trees as nesting sites prevents the extension of its breeding range into the treeless Arctic regions, to which it seems well suited by its hardy constitution. It has been noted north to Ungava Bay, Labrador; Fort Churchill, Hudson Bay; and Fort Good Hope, near the mouth of the Mackenzie River. It is probable that the species breeds in the heavy timber nearest to these places. In Alaska it breeds commonly in the interior about as far north as the Arctic Circle, but is very rarely seen on the coast. The species breeds from Newfoundland to British Columbia, north to the Noatak River, but the breeding range extends only a little into the United States, to southern Maine (Calais, Magalloway River), northern New Hampshire (Lake Umbagog), northern Vermont (St. Johnsbury), northern New York (Adirondacks), northern Michigan (Neebish Island, Sault Ste. Marie), North Dakota (Devils Lake), Montana (Flathead Lake), and in British Columbia so close to the southern boundary that the species will probably be found to breed in northern Washington. The typical form, Clangula clangula, breeds in northern Europe and northern Asia, migrating southward to northern Africa and south- ern Asia. Winte7' range.— ks this is one of the hardiest ducks, its northern distribution in winter is governed by the presence of open water. It is tolerably common on Lakes Michigan, Erie, and Ontario, and m 50 NORTH AMERICAN DUCKS, GEESE, AND SWANS. mild winters, as that of 1888-89, it remains north to Prince Edward Island, It is common in winter all along the New England coast, and continues to be common to North Carolina, less common in South Carolina, and rare or accidental to the southward. All records for the West Indies seem to be erroneous. It was once seen at sea near the Bahamas, has been taken a few times in the Bermudas, and has been seen a few times in Florida; it is not rare at the mouth of the Missis- sippi River, but is quite rare in Texas and New Mexico, is recorded in Mexico (Mazatlan and northeastern Lower California), and is rare in southern California. In the interior it remains during the winter north to Iowa, Nebraska, and Utah, while on the Pacific coast it is found at this season north to the Aleutian Islands. Spring migration. — The spring records of this species are ver}^ irregular, as might be expected from its habit of wintering far north near large bodies of water. Observers on the coast of Maine report it as common all winter, while inland in southern Maine the first was not seen (average eight years) until April 5 (earliest March 27, 1902); at Montreal, Canada (average nine 3"ears), April 4 (earliest March 19, 1894); North River, Prince Edward Island, April 8, and at Lake Mis- tassini, Quebec, May 3, 1885. At Ottawa, Ontario, it was one of the most irregular birds in its arrival. In twelve j'ears out of eighteeen the first arrival was not noted until April, average April 12; for five years the first came in March, and in 1885 the first was seen February 14. Other average dates of arriAal are: Southern Ontario, April 5; northern Iowa, March 21; Heron Lake, Minn., March 25 (earliest March 14, 1889); northern North Dakota, April 20; southern ]Manitoba, April 21 (earliest March 29, 1902). The first golden-eyes have been noted at Great Falls, Mont., March 9-22; central Alberta, April 7-lT; Osier, Saskatchewan, May 2, 1893; Fort Resolution, Mackenzie, May 7, 1860, and Nulato, Alaska, Mav 3, 1868. An unusually earh^ bird was seen on April 2s, 1904, at Fort Simpson, Mackenzie. Eggs have been taken at Devils Lake, N. Dak., May 25, 1903; near Lake Atha- basca June 6, 1903; downy young at Reaburn, Manitoba, July 4, 1893, and well-grown young June 23, 1894, near Ottawa, Ontario. Fall migration. — The golden-eye is one of the late ducks to migrate southward, seldom appearing south of its breeding range before Octo- ber and usually not until the latter part of that month. A long series of excellent notes at Alexandria, Va., shows the average date of arrival to be October 26 (earliest, October 8, 1901); on the average the spe- cies did not become common until November 11. The averao-e date of appearance at Woods Hole, Mass., is November 15 and at Keokuk, Iowa, November 24. The average date when the last were seen at Montreal, Canada, is November 7. BUFFLE-HEAD. 51 Clangrula islandica (Gmel.) . Barrow Golden-eye. Breeding range. — A few breed in eastern Canada from the Gulf of Saint Lawrence (Point des Monts) to northern Labrador (Davis Inlet). A few are found in Greenland during- March and April and in Novem- ber and December as far north as Holstenborg, 67° latitude, but the species apparently does not breed there, though breeding- quite com- monly in Iceland. The principal summer home is in the Rocky Moun- tains, where the species breeds from southern Colorado (Dolores County) north almost to the Arctic coast (Fort Anderson), though north of the LTnited States there are only a few records in the entire district. On the Pacific slope the species breeds quite commonly in central British Columbia and less commonly north to Lake Clark, Alaska. The most southern record of breeding on the Pacific slope seems to be the one made by one of the parties of the Biological Survey at Paulina and Diamond lakes, Oregon. Winter range. — The larger numbei" of the breeding birds of eastern Canada spend the winter around the Gulf of St. Lawrence, but a few straggle south and have been recorded at this season from Maine, New Hampshire, Massachusetts, New York, Virginia, and on four occasions from North Carolina. In the interior they have been recorded a few times in the States around the Great Lakes and even in Nebraska. The Rocky Mountain breeding birds pass in winter scarcely south of their summer range and are found from southern Colorado (Fort Lewis) to Montana (Fort Sherman and Great Falls). The Pacific birds win- ter from southern Alaska (Portage Bay) to California (San Francisco). Spring migration. — Records of this species are too few to allow of exact statements in regard to its migration; indeed, over most of the range of the species the winter and summer homes overlap. Migrants were noted at Quebec City, April 14, 1899, and April 16, 1901. One was seen near Asheville, N. C. , in 1893 as late as May 6. One was taken at Fort Anderson, Mackenzie, June 14, 1864. In Iceland the species begins breeding in May or early June. At Godbout, Quebec, young were found July 11, 1881. Incubated eggs were taken June 17 in central British Columbia. Fall migration. — The earliest fall migrants in 1897 at Montreal were seen October 23. One was taken near Washington, D. C, November 22, 1889, and one at Lake Koshkonong, Wisconsin, November 14, 1896. Charitonetta albeola (Linn.). Buffle-head. Breeding range. — In the nesting season the buffle-head is almost wholly confined to Canada, but a few breed in Wisconsin (Pewaukee Lake), northern Iowa (Storm, Clear, and Spirit lakes), Wyoming (Meeteetse Creek), Montana (Milk River, Flathead Lake). It is a tolerably common breeder in the northern two-thirds of Ontario, and 52 NORTH AMERICAN DUCKS, GEESE, AND SWANS. undoubtedly some pairs breed in Quebec and southern Labrador, though it is as yet unrecorded from there, from the Maritime Provinces, and from Newfoundland, except as a rather rare visitant. In Manitoba and westward to British Columbia it becomes more common as a breeder, and ranges north to Fort Churchill, Fort Rae, the mouth of the Mackenzie, and the upper Yukon, rarely to the Yukon mouth. It has been taken as a rare straggler on the west coast of Greenland (Godhaven, October; Frederikshaab), and a few times in Europe. Wi7iter range. — A single specimen was found in the market at Habana, and this constitutes the only record south of the eastern United States. To the westward a few enter Mexico to the Valley of Mexico and Lower California to San Quentin. It is a common winter resident of the southern half of the United States, north to Massachu- setts; Lakes Ontario, Huron, and Michigan; Utah, Idaho, British Columbia, Unalaska Island, and the Near Islands. It is casual in winter in the Bermudas and there is one record from the Commander Islands, Kamchatka. Spring migi'ation. — As with most of the hardy ducks, spring migra- tion begins in February, and by the middle of March the buffle-head is fairl}" common in the district where it wintei's only locally and during exceptionally mild seasons. Average dates of arrival are : Renovo, Pa. , March 18 (earliest February 29, 1904); New Brunswick and Nova Scotia, March 22; central Indiana, March 2; northern Illinois, March 21; southern Michigan, March 31 (earliest March 1, 1887); southern Ontario, April 7 (earliest April 1, 1903); Ottawa, Ontario, April 21 (earliest March 26, 1898); southern Iowa, March 22 (earliest March 1, 1891); Heron Lake, Minn., March 26 (earliest March 6, 1889); south- eastern Minnesota, April 5; Elk River, Minn., April 11; central South Dakota, April 8; southern Manitoba, April 25; Osier, Saskatchewan, May 2, 1893; Fort Simpson, Mackenzie, May 11, 1901. Eggs have been taken at Fort Simpson May 25, 1860, and at Fort Yukon, June 7, 1862. Fall migration. — This species is late in entering the United States, September records being rare, except in the extreme northern part, and even here the species is scarcely common before the middle of October. At Renovo, Pa., the average date of arrival is November 10, though in 1901 the first was seen September 21. The average date of the last migrants at Montreal was November 1, and at Ottawa, Ontario, November 8. One was taken at Fort Reliance, on the upper Yukon, October 7. Harelda hyemalis (Linn.)- Old-squaw. Breeding range. — The summer home of this species includes the Arctic coasts and most of the islands. It is abundant to the northern part of Banks Land and thence east to North Somerset Island and the OLD-SQUAW. 53 south shore of Lancaster Sound — that is, to about latitude 74°. On the western coast of Greenland it is common to about latitude 72°. A few pass much farther north to Melville Island, Wellington Channel, and along the whole western coast of Greenland and on Grinnell Land to at least latitude 82°. The old-squaw breeds south to the southeast- ern coast of Labrador, to Cape Fullerton on the west side of Hudson Bay and probably to Cape Jones on the eastern coast. Along the whole coast of the mainland from Hudson Bay to Alaska it breeds in enormous numbers, and is a common breeder on the Alaskan coast to the Aleutian and Near islands and on the Asiatic coast to the Comman- der Islands. The species breeds in the Arctic regions of the Old World and winters south to southern Europe and central Asia. Winter ?'ange. ^Old-squaws are common south to Chesapeake Bay and not rare as far south as the coast of North Carolina. So abundant are they on the New England coast that near Newport, R. I., in Feb- ruary, 1899, a flock was seen that was estimated to contain at least 50,000. During the winter of 1887-88, a few were noted at Charles- ton, S. C, and during the severe winter of 1894-95, flocks were seen off the coast of South Carolina. There are two records for Florida- near Titus ville and in Leon County. In mild winters old-squaws remain in the Gulf of St. Lawrence, and some occur at this season in southern Greenland. They winter abundantly on the Great Lakes, and have been noted as casual visitors at St. Louis, Mo. , April 1, Novem- ber 20, and March 14; New Orleans, La., February 28, 1885, and Feb- ruary 13, 1899; Nebraska (Omaha, Neligh), Kansas (Patterson Lake, Gantz Mill), and Colorado (Fort Collins, Longmont, Denver). This species winters on the Pacific coast from the Aleutian Islands south- ward; it is tolerably common to the coast of Washington, and not rare to northern California; it is casual in southern California as far south as San Diego Bay. Spring migration. — The principal movements of old-squaws along the New England coast are in April, and this is the time also when the species migrates through western Pennsylvania and western New York. The first of those that have moved south reappear at Grand Manan, New Brunswick, on an average date of March 9, and at Godbout, Que- bec, April 22. North of its winter quarters it is one of the earliest ducks to arrive, and has been noted at Fort Simpson, Mackenzie, 62°, May 10, 1904; Winter Island, latitude m^ , May 3, 1822; Igloolik, latitude 69°, May 21, 1823; Boothia Felix, latitude 70°, June 12, 1830, June 20, 1831, about June 16, 1833, and not until after June 25, 1832; Prince of Wales Strait, latitude 75°, May 31, 1851; Mercy Bay, June 13, 1852; Winter Harbor, latitude 75°, June 22, 1820; Cape Sabine, latitude 78°, June 1, 1884; Van Rensselaer Harbor, latitude 79°, June 16, 1854; Fort Conger, latitude 81°, June 17, 1882, June 6, 1883; Floeberg Beach, latitude 82° 40', July 12, 1876. The last usually leave 54 NORTH AMERICAN DUCKS, GEESE, AND SWANS. the eastern United States about the 1st of Ma\^ (Erie, Pa., May 18, 1900). The last were seen at Fort McMurraj^ Alberta, May 15, 1901. On the Pacific coast, the first old-squaws were noted at Chilcat, Alaska, March 11, 1882; off the mouth of the Yukon, stragglers usuall}^ arrive early in April as soon as open water appears; the main migra- tion is several weeks later, and the first arrivals appear at Point Bar- row late in May (May 18, 1882; May 24, 1883; May 31, 1898). The first reached the mouth of the Kowak River, Alaska, May 22, 1899. Eggs have been taken at St. Michael, May 18; on the Pribilof Islands, June 12; near the Kowak River the last of June; Fort Anderson, Mackenzie, June 7, 1861, June 11, 1865; northwestern Hudson Bay, June 27; Ungava Bay, Labrador, June 16. Fall migration. — Fall migration had already begun and large flocks had passed south to Great Bear Lake in 1903 by August 28, and were still numerous there September 17. An unusually early migrant was seen near Erie, Pa., September 13, 1876. Early dates are September 30, 1895, on the coast of Massachusetts, and October 8, 1885, on Long Island. The average date of arrival for six years on the coast of Mas- sachusetts is October 11, and for nine years on Long Island, October 16. The birds are most abundant the first half of Noveml)er, after which month the larger number pass on to more southern waters. The last were seen near northern Greenland, latitude 82^, September 16, 1875. Most leave Point Barrow in earlv October, but a straggler was seen there December 9, 1882. They leave the coast of Alaska, off St. Michael, from the 15th to the 20th of October. Histrionicus histrionicus (Linn.). Harlequin Duck. Breeding range. — The harlequin breeds commonh' in Newfoundland and on the whole west coast of Greenland south of Upernavik, lati- tude 72^, on the cast coast north to Scoresby Sound, and in Iceland; also along the north coast of Labrador, at Ungava Bay, and Hudson Strait. There is no reason for doubting that its breeding range is continuous from northern Labrador west to the mouth of the Macken- zie River, though breeding records from this region are wanting. The species was noted by one of the parties of the Biological Survey August 20 and 21, 1903, a short distance south of MacTavish Bay, Great Bear Lake, in latitude 65*^ 30', where it was probably breeding. It has been taken also at Fort Rae, at Fort Simpson, and on Bear Lake River. It is known to breed from the mouth of the Mackenzie west to Kotzebue Sound and to the Siberian coast. It occurs in summer on most of the islands west of Alaska, south to the Shumagin Islands, and in the Aleutian chain west to the Near Islands and to the Com- mander Islands off' the coast of Asia. Most, if not all, of these birds, however, are nonbreeders. It has been noted breeding at several localities in the interior of Alaska, and breeds locally throughout the LABRADOE DUCK. 55 mountainous region of western North America south to southwestern Colorado and to central California at about latitude 38°. Winter range. — The harlequin is not rare at this season in the south- ern part of the Gulf of St. Lawrence, and thence is less common to Long Island Sound; it is accidental on the New Jersey coast, and once, March 20, 1886, has been noted at Pensacola, Fla. It is not uncom- mon in winter on Lake Michigan; an accidental was noted October 29 near St. Louis. It winters in Colorado at the southern limit of its breeding range but at several thousand feet lower altitude. On the Pacific coast it winters abundantly in the Aleutians and the Pribilof Islands; west to the Near Islands, the Commander Islands, and rarely to Japan; also along the coast of California to Monterey and in the interior to about SH-" latitude (near Crockers Station). Accidental in Europe. Spring nugration. — The few individuals that winter on the Atlantic coast of the United States retire northward in January and early Feb- ruary, but some linger just south of the breeding grounds in the Gulf of St. Lawrence until late May. The species arrives on the coast of Greenland in March. On the Pacific coast the winter and breeding ranges so overlap that no regular progression northward can be dis- tinguished. Migratory movements are noticeable on the coast of Oregon the last of March; the species was noted at Fort Simpson, Mackenzie, Ma}" 25, 1904; the van usually arrives at the mouth of the Yukon about the 1st of June. J^all mig7Xition. — The first arrivals off the coast of Massachusetts do not appear until about the beginning of November, when the last are leaving the Greenland breeding grounds. The first arrivals have been noted at Toronto, Ontario, October 20, 1894, and at Omaha, Nebr. (accidental), September 16, 1893; September 19, 1895. Camptolaimus labradorius (Gmel.)- Labrador Duck. This is an extinct species, which within the last century nested from Labrador northward. Durino- the winter it visited the coast of New England and passed as far south as Long Island and New Jersey, pos- sibly to Chesapeake Pay. So far as known the last survivor was captured in 1871 at Grand. Manan, New Brunswick. Forty-three specimens are known to be in museums. Polysticta stelleri (Pall.). Steller Eider. Breeding range. — The principal summer home of this duck is along the northern coast of Siberia, where the species is enorinously abun- dant. Thence it breeds on the eastern coast and islands south to the Near Islands, Unalaska, and the Shumagins. Eggs have been found at Unalaska May 18, in northern Siberia June 25, and downy young at Point Barrow, Alaska, July 28. 56 NORTH AMERICAN DUCKS, GEESE, AND SWANS. Winter range. — The Steller eider winters abundantly on the Near Islands and as far north as Unalaska, the Shumagins, and the Kenai Peninsula. The winter range extends south on the Asiatic coast to the Kurile Islands. Spring migration. — The northward migration is limited chiefly to May. The first arrivals have been noted at Point Barrow June 6, 1882, June 11, 1883, June 9, 1898. During migration the species is fairly common along the coast of Alaska at Bristol Bay, the mouth of the Yukon, and in Norton Sound, Fall nnigration. — The first arrival in the fall has been noted at St. Michael, Alaska, September 21. The southern limit of the winter home is reached about the 1st of November. The latest date at Point Barrow is September IT, and the last migrants leave St. Michael about the middle of October. The Steller eider has occurred accidentall}^ at Disco Bay, Greenland, in the fall of 1878; at Godbout, Quebec, February 17, 1898, and also at Point des Monts, Quebec. Arctonetta fischeri (Brandt). Spectacled Eider. Breeding range. — The spectacled eider has a more restricted range than any other of the family. It breeds north to Point Barrow, Alaska, and thence along the coast to the mouth of the Kuskokwim River. The range extends also along the northern coast of Siberia to the mouth of the Lena, but the species has not as yet been taken breeding on the Asiatic .side. By far the greater number of individuals nest around Norton Sound. Winter range. — Winter records are almost wanting; the species has been noted at this season on the Near Islands and Unalaska, and it is probable that the Aleutian chain constitutes the principal winter home. Spring migration. — The breeding grounds are reached in Ma}^, the earliest record at Norton Sound being May 6, and the usual date a •week or more later. The first have been noted at Point Barrow May 29, 1882, May 26, 1883, and May 31, 1898. Fresh eggs have been found at St. Michael June 10, and newly hatched young July 23; downy 3'oung were secured at Point Barrow July 28,1898. Fall migration. — The latest records at Point Barrow are August 24, 1883, and September 17, 1897. During this latter month all the breeding grounds from Norton Sound northward are deserted. Somateria mollissima borealis (C. L. Brehm). Northern Eider. Breeding range. — This eider breeds in northeastern North America, south to Hamilton Inlet, Labrador, about latitude 51°; west to Southampton Island and Cape FuUerton, latitude 03°; north on the east coast of Greenland to Shannon Island, latitude 75°, and on the AMEEICAN EIDEE. 57 west coast to Dumb-bell Bay, latitude 82°; uot abundant north of about 78° latitude. There is a lack of definite knowledge concerning the western limits of the range of this species. It is certain that the eiders of Hudson Bay, west to longitude 87°, belong to this form. It is also certain that the common eider on the Arctic coast of north- western North America is S. 'V-nigra, and that this form occurs east along the coast of the mainland to about the mouth of the Coppermine Kiver, 115° longitude. There seems to be no specimen of either form in any collection from the Arctic islands west of Baffin Bay. It is a fair presumption that the eiders of Wellington Channel and vicinity — longitude 90°-95°, where the species is common north to 77° latitude — belong to the eastern form and that those of Banks Land, longitude 115°-125°, are .^S'. v-nnjra, but the dividing line between the two forms remains to be determined. The typical form, Somaferia inolllssima., breeds in northwestern Europe and comes south in winter rarely to southern Europe. Winter range. — In winter the northern eider ranges from southern Greenland and northern Hudson Bay south on the Atlantic coast to Massachusetts. Spring wigration. — Just north of the winter range, at Cumberland Sound, latitude 66°, the first appeared April 30, 1878; in Wellington Channel, latitude 76°, May 17, 1851; at Cape Sabine, latitude 79°, May 28, 1884; and at Thank God Harbor, latitude 81°, June 4, 1872. The latest stragglers on the coast of New England leave the first week in April. The first eggs on Cumberland Sound were found June 21, 1878; the first at the south end of Greenland, June 24, 1886. Fall niigration. — The earliest migrants arrive on the coast of Massa- chusetts the last of October; the last.were seen at Dumb-bell Bay, Sep- tember 5, 1875; at Thank God Harbor, November 4, 1872; and in Cumberland Sound, November 17, 1878. Somateria dresseri Sharpe. American Eider. Breeding range. — The American eider rarely breeds on the coast of Maine; formerly its breeding range extended to the western side of Penobscot Bay, but is now restricted to a few colonies in Jericho Bay and on Old Man Island; it breeds abundantly on the shores of the Gulf of St. Lawrence and is fairly common north to the mouth of Hannlton Inlet, latitude 54°; it breeds commonly on the east shore of Hudson Bay, from latitude 54° to latitude 56°, and on the west shore in the vicinit}' of Fort Churrhill. ^Yl liter range. — The American eider winters as far north as New- foundland; is common in the Gulf of St. Lawrence through the win- ter, and is not uncommon as far south as the Massachusetts coast: it is casual on the New Jersey coast, and is siccidental near Marshall Hall, Md., and near Cobbs Island, Virginia (December 28, 1900). In 58 NORTH AMERICAN DUCKS, GEESE. AISID SWANS. the interior it has occurred on the Great Lakes; at Ottawa, Ontario; Lickino- Reservoir, Ohio; Lake Koshkonono-, Wisconsin; and Love- land, Colo. Spring migration. — After severe winters, when they have been driven away by the ice, American eiders return to Prince Edward Island about the last week in March and to Newfoundland the first of April. The last are seen on the Massachusetts coast in April (April 18, 1890; April 20, 1891; April 12, 1893; April 20, 1891; an unusually late bird was seen May 18, 1892). E^gs were found at Grand Manan, New Brunswick, Ma}^ 31, 1833, and young' on the south coast of Lab- rador July 1, 1860. Fall migration. — They first appear off the ]\Iassachusetts coast early in November, occasional!}' in October (October 10, 1890; October 30, 1892), and are common by the end of November. Somateria v-nigra Gray. Pacific Eider. Breeding range. — The principal summer home of this eider is on the coasts and islands of Bering Sea and along the coast of the Arctic Ocean between the mouths of the Mackenzie and the Coppermine rivers. The species breeds west to the northeastern coast of Siberia and south to Cook Inlet, Kadiak Island, the Aleutians, Near, and Connuander islands; it is accidental in the interior at Great Slave Lake and at Lawrence, Kans. It is probable that the eiders so abundant on Banks Land belong to this form and that a few range north to Melville Island. Winter range. — The species seems to be massed during winter at the southern portion of the breeding range in the vicinit}^ of the Aleutians. Siyring migration. — Early arrivals are sometimes seen near the mouth of the Yukon the last of April, but usually they appear about May 10. At Point Barrow the dates of arrival are Ma}^ 16, 1882, and May 19, 1883. On the Kowak River eggs were found June 2, and the young appear about the first of July. Inculcation seems to be simul- taneous over all the district from the mouth of the Yukon to that of the Anderson. Fall migration. — Pacific eiders seem to disappear from all points in their summer haunts at about the same time, the first week in October, but for several weeks previously numb; rs migrate along the north coast of Alaska. Many individuals winter and summer in the same locality, while the birds breeding about the mouth of the Coppermine River migrate at least 2,000 miles. Somateria spectabilis (Linn.). King Eider. Breeding range. — The king eider breeds in the arctic regions. It is abundant on the west coast of Greenland, breeding from latitude 66^ north as far as land goes, to at least latitude 82° 30'; south to Nachvak, AMERICAN SCOTER. 59 Labrador, latitude 59 ; Southampton Island, Hudson Bay, latitude 63"^; west alono- the Arctic coast to Icy Cape and Point Barrow, to St. Lawrence Island in Bering' Sea, and on the whole coast of northern Siberia. It seems to be rather rare in northeastern Europe. It is abundant on the arctic islands north at least to Melville Island, lati- tude 76^, and to the same latitude in Wellington Channel. Winter 7'ange. — This species winters as far north as open water can be found, at least to southern Greenland. Ir is common during the winter in the Gulf of St. Lawrence, whence a few stray each winter to Long Island Sound and the New Jersey coast; casual at Cape Charles, Va., January 2, 181)7; Ossabaw Island, Georgia, December 1, 1904:; St. Catherine Island, Georgia, December 3, 190-1; Brunswick, Ga., April 25 and May 5, 1S90. The species has been noted occasionally in the interior on Lakes Cayuga, Oneida, Ontario, Erie, and Michigan. The PaciHc birds win- ter abundantly in the Aleutians, south to the Shumagin and Kadiak islands; accidental near San Francisco, winter of 1879. Spring migration. — Even as far north as Greenland migratory movements of the king- eider are noticed in early February; the first arrival was noted at Igloolik, latitude 69", April 16, 1823; Wellington Channel, latitude 76'^, June 9, 1851; vicinity of Fort Conger, latitude 82°, June 12, 1872; June 16, 1882; June 11, 1883. The Pacitic birds arrived at Point Barrow, latitude 71", April 27, 1882, and May 5, 1883; eggs, Floeberg Beach, latitude 82° 30', July 9, 1876. The last breeding- birds desert southern Greenland late in April, though non- breeders are not rare through the sunmier, and it is probably the presence of these that has given rise to reports that the species breeds in the Gulf of St. Lawrence; late birds have been recorded on the Massachusetts coast April 5, 1890; April 10, 1893; April 12, 1891; on Long Island April 21, 1887, and, as already noted, at Brunswick, Ga., May 5, 1890. Fall migration. — This eider wanders south in late fall, the average date when it arrives on the coast of Massachusetts and Long Island being November 14 (earliest, October 21, 1899); it was noted on Lake Erie November 13, 1894, and at Calgary, Alberta, November 4, 1894. The height of the fall migration at Point Barrow is during September and October, and in 1882 the last one was seen there December 2, off St. Michael October 12, 1879, and at Fort Simpson, Mackenzie, October 25, 1903. Oidemia americana S\v. it Rich. American Scoter. Breeding range.— Vi\Q lack of information in regard to the breeding of this species in northeastern North America is surprising. The species was described from the west shore of Hudson Bay, and occurs on the coasts of Labrador and the Gulf of St. Lawrence, but there 60 NOKTH AMEEICAN DUCKS, GEESE, AND SWANS. seems to be no record of the discovery of the nest in this region. Nonbreeding birds are known to occur far south of the breeding- grounds. The species is unknown from the whole vast interior of North America, betw^een Hudson Bay on the east and the Yukon Val- ley on the west, and south ahiiost to the United States boundary; it ranges north to Ungava Ba}", Hudson Strait, and Fort Churchill, Hudson Bay, and apparentl}^ does not breed south of Newfoundland, nor in Labrador south of aliout latitude 52°; so that it follows by exclusion that the multitudes of these ducks that winter from the Gulf of St. Lawrence south along the Atlantic coast must breed in northern Ungava. The American scoter is much more al)undant on the Pacitic coast, and breeds from the Aleutians and Near Island north to Kotzebue Sound and northeastern Asia. Wiyiter range. — The American scoter remains in winter around New- foundland, except when it is driven away by the drift ice; thence south it is not uncommon to Long Island Sound and the coast of New Jersey, less common to South Carolina, rare or accidental in Florida; it is not rare on the Great Lakes during the winter, and has been observed at various places inland in the neighbqring States; rare or accidental at St. Louis, Mo.; Lake Catherine, Louisiana; Lincoln, Nebr. ; Fort Collins, Colo. ; and Cheyenne, Wj^o. The Pacific birds winter from the Aleutian Islands to the Santa Barbara Islands, California, and also to Japan on the Asiatic side. Spring migration. — Arrivals from the south appear in the Gulf of St. Lawrence from March 25 to the first week in April, and the breed- ing grounds are reached soon after the middle of May. Most of the birds disappear from the coast of Massachusetts the last week of April, but belated individuals have been seen at Cobb Island, Vir- ginia, May 19, 1891; Shelter Island, N. Y., June 5, 1893; and Woods Hole, Mass., June 10, 1891. On the Pacific side the first arrivals were noted at St. Michael, Alaska, May 16, and in Kotzebue Sound June 3. A few linger on the Pacific coast of the United States until early May. Fall migration. — An American scoter was noted at Black River, Lewis County, N. Y., September 27, 1877; one at Ottawa, Ontario, September 21, 1887, and one at Woods Hole, Mass., September 9, 1891, but the regular flight does not occur until earl}^ October, and at about the same time the first migrants are seen on the coast of Puget Sound. The last ones leave St. Michael, Alaska, from the 10th to 15th of October. Oidemia fusca (Linn.). Velvet Scoter. This is an Asiatic and European species, an individual of which was taken in May, 1878, near Godthaab, on the western coast of Greenland. WHITE-WINGED SCOTER. 61 Oidemia deglandi Bonap. White-winged Scoter. Breeding range. — This scoter breeds along- the north shore of the Gulf of St. Lawrence and north to Nachvak Bay, Labrador, about latitude 59^^; in the interior it breeds in North Dakota (Devils Lake), Manitoba, Alberta, and north to Hudson Bay and the Arctic coast. On the Pacific coast it breeds from British Columbia (158-Mile House) north to Kotzebue Sound and the coast of northeastern Siberia, rarely to Point Barrow. It is not common an3^where in Alaska. Nonbreeders remain as far south in summer as the coast of California and are not uncommon along the New England coast south to Rhode Island. Winter range. — The Gulf of St. Lawrence and south along the Atlantic coast to South Carolina — accidental in Florida — constitutes the winter range. The species is especialh' common on the coast of Massachusetts and Long Island Sound. In the interior it extends its range south regularly and commonly to the Great Lakes; less com- monly to the smaller bodies of water in the neighboring States; casually to Louisiana, Illinois (opposite St. Louis), Iowa (Lost Island Lake), Nebraska (Omaha, Lincoln), Colorado (Fort Collins, Loyeland, Long- mont, Denyer). It winters on the Pacific coast from Unalaska Island to San Quentin Bay, Lower California. Spring ralgratlon. — Early northward moyements on the New Eng- land coast begin late in March, and at a))out this time the first migrants appear in the Gulf of St. Lawrence; the principal flights occur from the middle of April to the first week in May. At Heron Lake, Minn., where the species does not winter, the first were noted April 6, 1888; March 21, 1889; April 5, 1890, and April 9, 1891; at Aweme, Mani- toba, April 27, 1897; April 15, 1898, and April 22, 1899. In the Deyils Lake region of North Dakota the earliest eggs are laid about the mid- dle of June, and the first eggs were taken at Lake Manitoba in 1894 on June 26. These dates seem late, since eggs were taken near Fort Anderson, Mackenzie, June 22, 1865, and downy young were found near Fort Yukon, Alaska, June 23, 1866. Fall migration. — Unusually early arrivals have been noted on the Massachusetts coast by August 10; the average date when the first of the regular flight appear is September 6, and the greater flocks pass October 10-20; the first were seen near Baltimore, Md., September 12, 1894, and the same latitude in the interior seems to be reached a month later, as attested by the following dates of arrival: Heron Lake, Minn., October 11, 1886; Lincoln, Nebr., October 14, 1899; Denver, Colo., October 16, 1890; Longmont, Colo., October 20, 1901; Love- land, Colo., October 11, 1903. On the coast of California migrants arrive the last of August. 62 NORTH AMERICAN DUCKS, GEESE, AND SWANS. Oidemia perspicillata (Linn.). Surf Scoter. Breeding 'range. — Thi.s species breeds in northeastern Quebec (Point de Monts), southern Labrador, and Newfoundland, north as far as Hudson Strait; it is a summer visitor to the east coast of Greenland (Kangerajuk) and to the west coast as far north as Disco Bay, but is not known to breed; accidental in northern Europe; breeds abundantly at Fort Churchill, Hudson Bay, at Great Slave Lake, probabh^ at Athabaska Lake, and north to the Arctic coast, west to the mouth of the Mackenzie. It is a common breeder on the headwaters of the Yukon, and from Sitka north to Kotzebue Sound. The species apparently is lacking on the north coast of Alaska, but nonbreeding birds are abundant on the coast of northeasternSiberia. Nonbreeders are found also all through the summer on the Atlantic coast south to Long Island and on the Pacific coast to Lower California. Winter range. — The surf scoter remains around the Gulf of St. Law- rence until forced away by ice, and passes the winter from about the Ba}' of Fund}" south to Florida. It is enormousl}^ abundant from Massachusetts to New Jersey, and still common to North Carolina; accidental in the Bermudas; it visits commonlv the Great Lakes and extends south rarely to Louisiana (New Orleans, March 20, 1890), Illinois (opposite St. Louis, May 3, 1870), Kansas (Lawrence, October 29, 1887), Nebraska (Lincoln, October 7, 1896; Omaha), Colorado (Loveland, October 31, 1899: Denver, October 22, 1899), Wyoming (Douglas, October 19, 1893); on the Pacific coast from the Near Islands, and the Aleutians south to San Quentin Baj^, Lower California. Spring 'migration. — Birds from the south occasionally return to Nova Scotia late in March, more commonly the first week in April, and reach their breeding grounds about the first week in May. Those that migrate through the interior are nearly three weeks later. The Alaskan breeding grounds are reached about the middle of May. Eggs have been taken at Fort Anderson June 25 and downy young near Fort Yukon June 23. Fall migration . — In 1900 stragglers appeared off the coasts of Mary- land and Virginia the last week in August, about three weeks earlier than usual. The first fall migrants common!}^ arrive on the coast of Massachusetts and Long Lsland Sound the middle of September and are followed the second week in October b}" the main flight. The last leave the Gulf of St. Lawrence on the average November T. Arrivals on the Great Lakes are rather later than in corresponding latitudes on the coast. A few surf scoters are seen on the California coast in July and August, though the main body hardl}" appears before November. Thev leave St. Michael, Alaska, and the upper Mackenzie about the middle of October. RUDDY DUCK. 63 Erismatura jamaicensis (Gmel.)- Ruddy Duck. Breeding raiuje. — The principal summer home of the ruddy duck is in the upper Mississippi Valley and the oontiouous portions of central Canada; it is rare east of the Alleghenies; breeds regularly from Maine to northern Ungava; rare visitant in Newfoundland; nesting rarel}^ south to Massachusetts (Cape Cod) and probably in Rhode Island (Sakonnet); tolerably common in southern Ontario, Michi- gan, and Wisconsin, and probably breeds casually in Ohio and Illi- nois. West of the Mississippi it breeds regularly to southern Min- nesota and northwestern Nebraska and rarely in Kansas. The breed- ing range then dips strongly to the south in the mountains through Colorado to northern New Mexico (La Jara and Stinking Spring lakes), central Arizona (Stoneman Lake, altitude 6,200 feet), southern California (Los Angeles County), northern Lower California to about latitude 31°, and probably northwestern Chihuahua (Pacheco). The breeding range on the Pacific slope extends north at least to central British Columbia (Cariboo District); in the interior to Great Slave Lake and Hudson Baj^ (York Factory). The above is the normal breeding range, but this species has the peculiar habit of establishing colonies far to the southward. Such colonies have been discovered at Santiago, near the southern end of Lower California, in the Valley of Mexico, at the Lake of Duenas, Guatemala, and on the islands of Cuba, Porto Rico, and Carriacou. The breeding season of these isolated colonies bears no relation to the usual breeding time in the bird's ordinary range. In northern North Dakota the earliest eggs are deposited the first week in June; in Manitoba and Saskatchewan incom- plete sets were found the middle of June; the same date — the middle of June — marks the deposition of the eggs in central Colorado. The first half of June may be said to be the usual time for the beginning of nesting. On Cape Cod, Massachusetts, downy young were taken August 17; in northern New Mexico September 17; in southern Lower California, November 16; at Lake Duenas, Guatemala, in June; while in Cuba and Porto Rico eggs were taken in November, and on Carriacou Island in Januar3\ Winter range. — In its choice of climate and environment the ruddy duck varies widely. While many individuals retire in winter to the southern part of the range, to southern Lower California, Tepic, Valley of Mexico, Oaxaca, and central Guatemala, others remain as far north as southern British Columbia. The northern limit in the Rocky Mountain region is Arizona and New Mexico; the species does not seem to remain through the winter in northern Texas, but at this season it is found in southern Illinois, Pennsylvania, the coast of Massachusetts, and even to Maine. During the winter the ruddy duck has been recorded in the Bernuidas, the Bahamas (New Providence), 4510— No. 26—06 5 64 NOKTH AMEEICAlSr DUCKS, GEESE, AND SWANS. Jamaica, Martinique, Grenada, Barbados, and once in Central America — outside of Guatemala — at Irazu, Costa Rica. From tlie Chesapeake Bay to Florida it is quite a common winter resident, though it is being rapidly diminished in numbers. Spring migration. — The ruddy duck is rather a late migrant. Throughout its winter district, northward movements occur late in March, and just north of this region it appears earl^' in April. Aver- age dates of arrival are: Erie, Pa., April 16; Oberlin, Ohio, April 15 (earliest April 7, 1903); Heron Lake, Minn., April 10 (earliest April 3, 1889); eastern Nebraska, April 7; Cheyenne, Wyo., April 21; south- ern Manitoba, May 6 (earliest, April 26, 1891). The first migrant was seen at Osier, Saskatchewan, Ma}^ 7, 1893, and at Fort Keogh, Mont., April 21, 1889. Fdll migration. — -An excellent series of observations at Alexandria, Va., extending over sixteen years, fixes September 30 as the average date of arrival on the Potomac (earliest, August 20, 1889). The aver- age date when the species becomes conmion is October 25. On the Massachusetts coast the ruddy duck is most common in October and November. Farther west in the same latitude migration is somewhat earlier, and the northern States, from Pennsylvania to Minnesota, are deserted the first half of November. The first date of arrival at Barbados is September 13, 1887. Nomonyx dominicus (Linn.). Masked Duck. This is a tropical species that lives principally in the West Indies and in eastern South America. It is common in Argentina to the Rio Negro and north through eastern and central Brazil to Guiana, Ven- ezuela, and the islands of Trinidad, Barbados, St. Croix, Porto Rico, Haiti, Jamaica, and Cuba. This may be considered the regular range. In western South America the masked duck has been noted at Concep- cion, Chile, both in June and September, 1891 — this is directly west of its center of abundance in Argentina — at Tatarenda, in eastern Bolivia, and Lake Titacaca, in the western part; at Sarayacu and the river Peripa, in Ecuador; twice in Panama, once in Guatemala, and four times in Mexico (Orizaba, Jalapa, Matamoras, Escuinapa). Just across the river from Matamoras, at Brownsville, Tex., is the only place in the United States where it has been found that it seemed to be at home. As it was noted July 22, 1891, it probabh^ breeds there. Stra3^s have been found in Vermont (Alburg Springs, September 26, 1857), Wisconsin (near Newville, November, 1870), Massachusetts (Maiden, August 27, 1889), and Maryland (Elkton, September 8, 1905). The species is not strictly nonmigratory, but the data are insufficient to allow of exact statements concerning its migration. LESSER SNOW GOOSE. 65 DISTRIBUTION AND MIGRATION OF GEESE. Chen liyperborea (Pall.). Lesser Snow Goose. Breeding range. — Much remains to be learned of the boundaries of the summer home of the snow geese. "Vast numbers" of this goose were seen on the northwestern portion of Banks Land, latitude 74°, August 19, 1851, as though they had come from more northern breeding grounds, and in the spring of 1851 and 1852 flocks were seen passing north in the vicinity of the northern shores of this island; and yet no snow geese have been reported by any of the various expedi- tions that have summered on the islands immediately to the north of Banks Land. Snow geese are known to breed along the Arctic coast east of the Mackenzie River and to cross to Victoria Land, but here the record ends. Wollaston Land and Victoria Land form an enormous island whose interior has never been visited hj white men. Many explorers have passed through the region to the north- Ward, but no one has reported a snow goose in the whole district east of longitude 115"^ and north of latitude 70°, with the exception of a single flock seen near Bellot Strait in June, 1859, and three wanderers found in June, 1882, at Fort Conger, a thousand miles north of the regular range. Ross lived for three years at the base of the Boothia Peninsula without seeing a snow goose. Parry found but few birds and only one nest during his two years' sojourn on Melville Peninsula, and Kumlein reports them as rare visitants at Cumberland Sound. It follows, therefore, by exclusion, that*the great bulk of the snow geese breed south of a line drawn from the north end of Southampton Island to the south end of Melville Island. It is supposed that the lesser snow goose is the form l)reeding at the mouth of the Mackenzie River, and east to about longitude 115°. It follows, therefore, that the greater snow goose is restricted in its breeding range to the district from Melville Peninsula to Victoria Land, an area perhaps half as large as Greenland, as yet scarcely visited by an ornithologist. The most western breeding place of the lesser snow goose is Richards Island, on the eastern side of the mouth of the Mackenzie River; thence it rang'es eastward to about Coronation Gulf. There seem to be two routes by which the snow geese reach their summer home. They are ccmunon in winter in California; indeed, this seems to be their principal winter abode. In the spring migration some continue up the coast to Alaska, but all observers agree that they are not common in Alaska during the spring migration. On the other hand, the spe- cies is an abundant migrant along the Mackenzie at Fort Simpson, just south of the ))reeding grounds, and the flocks in spring fly at a great height on their course toward the noi-th. 1Miis is just the route the snow R-eese would take from California' to their breeding grounds if 66 NOETH AMEEICAN DUCKS, GEESE, AND SWANS. they migrate by the most direct route. Though occurring accidentally in northern Europe and found on the Arctic coast of northeastern Asia, sometimes in considerable numbers, the lesser snow goose is not, as yet, known to breed in the Eastern Hemisphere. Winter range. — Both forms of the snow goose occur during the winter season in the lower Mississippi Valley. It seems probable that in this district the Mississippi River is the approximate dividing line between the two forms, to the westward C. hjperhorea being the more common, to the eastward, C. nivalis. Both forms winter as far north as southern Illinois, and the lesser snow goose is abundant in winter in Louisiana and Texas, and ranges south in Mexico to Guanajuato and Jalisco, and rarely to northern Lower California. It winters spar- ingly in southern Colorado, more commonly in Utah, abundantly in Nevada, and along the Pacific coast from southern California (Orange County) to southern British Columbia. On the Asiatic side it winters south to Japan. Spring migration.— ^vitm^ many years ago, Ross states that the lesser snow goose arrives at Great Slave Lake earlier than the greater. Recent records of spring migration confirm this statement, and our present knowledge of isothermal lines affords a satisfactory explana- tion. It is considered that the common species in eastern North Dakota is C. nimlis, while the bird of Montana is C. hjperhorea. Long-continued observations in the valley of the Red River of the North indicate that the first C. nivalis arrive on the average at lati- tude 47° on April 15; at the same latitude in central Montana the first migrants of 61 hyperhorea appear April 6. The more eastern birds - advance to Aweme, Manitoba, latitude 50°, April 22, while at this latter date the van has reached Edmonton, Alberta, latitude 54°. Yet these more western and northern birds (lesser snow geese) are actually traveling in warmer weather than their eastern relations migrating at a later date; for during the last third of Ai^ril the temperature at Edmonton averages about 2 degrees warmer than at Aweme. Further advance of the lesser snow goose is recorded during the spring of 1904 to Fort Vermilion, latitude 58°, April 26, and to Fort Simpson, latitude 62°, May 2. East of Fort Simpson at Southampton Island, in Hudson Bay, this same spring the first snow geese were not seen until thirty-three days later— June 4— while to the westward, at Point Barrow, Alaska, more than 500 miles farther north, the first lesser snow geese arrive just about the same time as at Fort Simpson. The lesser snow geese that reach their breeding grounds by way of Alaska probably winter at least 800 miles farther north than those of the Mississippi Valley, and spring opens on the Pacific coast much earlier than in the interior. The most northern records of the lesser snow goose are on Banks Land, where it arrived at Princess Royal Islands, latitude 73°, May 31, GREATER SNOW GOOSE. " 67 1851, and at Mercy Bay, latitude 74°, May 31, 1852. The average rate of migration from central Montana, April 6, to Mercy Bay, May 31, is 33 miles per day. During spring migration there is nmch difference in the length of time spent at different points of its route. In northern Texas the first appear March 4 and the last leave April 6, each being average dates; the extremes are February 18, 1887, and April 12, 1895; in other words, the snow goose is usuallj^ thi rty-three days in passing northern Texas, and may linger fifty -four days. At the northern boundary of the United States, these periods are reduced about one-third, while still farther north near Lake Athabasca the species was present in 1901 for at least fourteen da3^s, in 1903 for fifteen da3^s, and at Fort Simp- son in 1904 for twenty-three days. They arrive on the shore of Nor- ton Sound, Alaska, from May 5 to 15, and at Nulato, on the Yukon, about May 9. Fall migration. — Early migrants of the lesser snow goose were noted at Parry Bay, latitude 72°, August 13, 1821; at Point Barrow, latitude 70°, August 15, 1883; at Darnley Bay, latitude 69°, August 17, 1848; St. Michael, latitude 64°, September 2, 1878; Terry, Mont., latitude 47°, September 12, 1904; Stockton, Cal., latitude 38°, about September 29; central Texas, latitude 31°, about October 11. These dates indicate that the most northern breeders do not remain so long- as ten weeks on the breeding grounds, and that they occupy fifty -eight days in retracing the path that required sixtj^-eight days during the spring migration. The last seen on Banks Land were noted September 7, 1850; near Fort Norman, October 3, 1903; at mouth of the Yukon, about October 10; ten days later the last cross the boundary of the United States to the Mississippi watershed and desert central Nebraska about the first week in November. Chen hyperborea nivalis (Forst. ). Greater Snow Goose. Breeding range. — The greater snow goose is enormously abundant on both the eastern and the western shores of Hudson Bay during spring migration, and these birds might ])e supposed to pass from these points approximately north to their breeding grounds. If such is the case it is somewhat strange that they have never been found breeding on any of the northern islands; nor have they been noted in migration anywhere north, northeast, or east of Hudson Bay, except the few seen at Igloolik, a few noted by Kunjlein in Cuml)erland Bay, some stragglers that have wandered to the west coast of Greenland, and thiee birds seen by Greeley's party June 12-13, 1882, in Grinnoll Land, latitude 82°. As already stated in connection with the lesser snow goose, it is probable that these Hudson Bay geese eventuall}' 68 NORTH AMERICAN DUCKS, GEESE, AND SWANS. turn to the northwestward and breed for the most part on Victoria Land. Winfei' range. — During winter the greater snow goose has occurred in Cuba, Isle of Pines, Jamaica, and Porto Rico. Sometimes it has appeared in Cuba in quite large numbers. It is not usually common anywhere south of North Carolina. On this coast and as far as Chesapeake Bay it is not rare; a few are found in winter even as far north as Massachusetts. There is no sharply defined line in the Mis- sissippi Valley between the winter ranges of the greater and the lesser forms. In general the greater snow goose is the more common east of the Mississippi Kiver, and winters from southern Illinois to the Gulf. SjJrlng 'migration. — Throughout North America, north of Virginia and east of the immediate vicinity of Hudson Bay, the greater snow goose is a rare visitant; most of the spring dates in this region fall between March 20 and April 10. In the Mississippi Valley migration begins in February, and the first migrants appear north of the winter range early in March; the average date of arrival in central Iowa is March 22, and in northern Iowa March 26; southern Minnesota is reached April 6, southern Manito])a April 22, and in 1904 the first were noted in northern Hudson Ba}^ June 4. The last leave the Gulf coast about the 1st of April; the average date for eleven years of the last seen at Aweme, Manitoba, is May 15, and the latest date May 20, 1903. Fall migration. — One of the earliest dates of arrival of this species in New England is October 2, 1896, at Lake Umbagog; there are a few other October dates for New England. About the middle of October the earliest migrants appear on Chesapeake Bay, and the last of the month they arrive in Cuba and have been recorded in the Bermudas. In the fall the average date of arrival at Aweme, Mani- toba, is September 28, and the earliest September 24, 1901; central Iowa is reached October 17, and the Gulf coast the last of the month. The average date of the last seen in the fall at Aweme, Manitoba, is October 20 (latest October 31, 1900). Chen cserulescens (Linn. y. Blue Goose. Breeding range. — According to reports of Indians the blue goose nests in the interior of northern Ungava, but the nest and eggs are unknown to science, and there is no record of the presence of the birds anywhere in summer. During migration the species has been noted as an occasional visitant as far west as the western shore of Hudson Bay in the vicinity of Fort Churchill and east to New Hampshire. Winter range. — The lower portion of the Mississippi Valley, princi- pally west of the river, seems to be the winter home of this rather rare goose. It is not uncommon on the Gulf coast of Louisiana and Texas, and north to Nebraska and southern Illinois. It has occurred ROSS SNOW GOOSE. 69 rarely or casually to the eastward in the Bahamas (Inag-ua), Cuba, Florida (Tortugas); North Carolina (near Fort Macon); Pennsylvania (near Pittsburg-, 1.S8T): New Jersey, New York (Shinnecock Bay, Long- Island); Rhode Island (Newport, October 16, 1892); Massachusetts (Gloucester, October 20, 1876); New Hampshire (Lake Umbagog, October 2, 1896); Ohio (Oberlin, October 28, 1896; Columbus, October 28, 1876); Ontario (Ottawa, October 11, 1886; Gravenhurst, 1886). Apparently the only record west of the Rocky Mountains is that of two taken near Stockton, Cal., about February 1, 1892. Spring migration. — Not many notes on the migration of this species are available. The few records indicate that the van moves across the central Mississippi Valle}- during the latter half of March and crosses to Manitoba the last of April or early Ma3\ The blue goose seems to be exceptional in the selection of its migra- tion route. The general trend of migration among waterfowl in North America is northwest and southeast. The blue goose apparently breeds entirely east of Hudson Bay and winters for the most part west of the Mississippi River, so that its spring migration flight is toward the northeast, across at least 20 degrees of longitude. At this season the large flocks pass north along the eastern side of James Bay, these flocks occasionally containing a few snow geese; while the enormous flocks of the latter that migrate north along the west side of James Bay are accompanied b}" a few blue geese. Fall migration. — The above dates of occurrences outside of the normal range show that the fall migration is chiefly southward across the eastern Laiited States and that it occurs in October. Chen rossii (Cassin). Koss Snow Goose. Breeding range. — The nest and eggs of this goose are still unknown, and there is no summer record of the species. The westernmost arctic locality known is Fort Anderson, and it ranges thence east to Hudson Bay. It is rare at each of these extremes, and the natural, supposition is that the breeding grounds are to the north of the inter- vening district, that is, between the meridians of 100^ and 120'^ west longitude. Observations on the birds of this region have been made by several observers, but they seem not to have distinguished this small white species from the larger snow goose. Winter ra,nge.—T\\Q present known winter home of the Ross goose is California, where it occurs along the coast south to Orange County (Newport), and north to Stockton and the San Joaciuin Valley. One was taken at Comox, British Columbia, January, 1891, but this occur- rence was probably accidental. A pair was seen and one taken at Bustillos Lake, Chihuahua, also probably accidental. Migration range. — The path of migration of this goose seems to be different from that of any other species. It is a fair presumption that 70 NORTH AMERICAlsr DUCKS, GEESE, AND SWANS. the principal route coincides with the districts in which the species is most common. The greater number pass from the breeding grounds to Great Slave Lake and I^ake Athabasca, continue south to central and western Montana, and then turn southwest, cross the Rocky Mountains, and pass to central and southern California. Spring migration. — Records that are in close agreement indicate that the average date of arrival in spring at Great Falls, Mont., is April 7, and at Columbia Falls, Mont., April 8. The average date at which the last one was seen in central Montana is April 24. The birds were noted on the lower Athabasca River May 31, 1903, and one was taken Maj^ 25, 1865, at Fort Anderson, near the Arctic coast. The latest spring records are of its occurrence at Lake Athabasca, June 3, 1903, and at the base of Kent Peninsula, Arctic coast, June 2, 1902. The record of one taken near Camp Harney, Oreg.. April 12, 1876, seems to be the only one for that State. A few have been taken in southern British Columbia at Shuswap Lake, Kuper Island, and the mouth of the Fraser River; one was taken at Fort Keogh, Mont., April 25, 1892. Fall inigration. — The returning flocks have been recorded at Great Slave Lake, September 1, 1893, at Columbia Falls, Mont., October 10, 1893, and at Newport, Cal., November 10, 1900. The average date of arrival at Columbia Falls, Mont., is October 15, and the latest date October 28, 1896. A straggler was taken at Winnipeg, Manitoba, September 20, 1902. Anser albifrons (Gmel. ). White- fronted Goose. The typical species inhabits Europe and Asia,'and is reported as having been taken in May and September at Angmagsalik and Tasin- sak in eastern Greenland. . Anser albifrons gambeli (Hartl. ). American White-fronted Goose. Breeding range. — This goose breeds on the shore of the mainland from the mouth of the Yukon around the north side of Alaska and east to Lake Beechey on Back River; also coastwise for a few miles back in northern Mackenzie, and up the Yukon at least as far as Fort Yukon. The birds seen by Preble at Fort Wrigley. on the Macken- zie, July 23, 19(M, may or ma}- not have been breeding; a few nest on the coast of northeastern Asia in the vicinity of Bering Strait. In giving the above range no mention is made of the birds that breed on the west coast of Greenland, where the species is not uncommon. It is evident from Labrador and Atlantic coast records that Greenland birds do not come to the southwest; hence they probably go to the southeast, and should be classed as European birds. ^Viyiter 7'ange.— The white-fronted goose winters in the whole south- ern half of the United States and south to Cuba and northern Mexico. BEAN GOOSE. 7l Alono-the whole Atlantic slope it is rare; formerly, perhaps, it was not uncommon, ))ut at present it is hardly more than an occasional winter visitant north to the coast of New Jerse}', and an accidental migrant to New Enohmd, thence north to Labrador, where it has only once been recorded. It is not common in the interior east of the Miss- issippi River, and winters from the Gulf to southern Illinois and southern Ohio. The species is somewhat more common in migration along the eastern portion of the plains, wintering in southern Texas and more commonly in northern Mexico. The principal winter home is on the Pacific slope from Cape St. Lucas, Lower California, and Lake Chapala, Jalisco, to southern British Columbia. The few Asiatic birds winter on the coasts of China and Japan. Spring 'migration. — The average date when the first migrants reach central Nebraska is March 9; Keokuk, Iowa, March 19; Aweme, Mani- toba, April 18 (earliest April 6, 190.5); Indian Head, Saskatchewan, April 22; Fort Vermillion, Alberta, April 27, 190-1; Fort Resolution, Mackenzie, May 7, I860; Fort Simpson, May 11, 1904; Fort --Enter- prise, May 17, 1821; Fort Anderson, May 16, 186tt, May 17, 1865; Coronation Gulf, May 31, 1851. On the Pacific slope migration is somewhat earlier; the first appear at St. Michael, Alaska, April 25 to May 10; at Nulato, May 6-10; Kowak River, May 10, 1899; Point Barrow, May 16, 1882, May 25, 1883. During the second half of April the last migrants leave the region south of Iowa and Nebraska; the average of the last seen at Aweme, Manitoba, for six years is May 11, and the latest May 17, 1898; the last leave California the first week in May. The first eggs were found near the mouth of the Yukon May 27, 1879; downy young were seen on the Kowak River June 2-1:, 1899. Fall migration. — Adults begin to leave the most northern breeding grounds by the middle of July, but so slow is the movement south- ward that on the average the first do not appear in southern Manitoba until September 26 (earliest September 7, 1902), and they reach the winter home, Louisiana to Texas, about the middle of October. At the same time the earliest of the fall migrants appear in central Cali- fornia, but the main flight does not arrive before November. The species has been noted at Stockton, Cal., as early as September 7. The last was noted at Point Barrow, Alaska, August 18, 1882; at the Kowak River, September 12, 1898; at St. Michael about October; 7, and near Fort Wrigley, Mackenzie, October 9, 1903. The average date when the last are seen at Aweme, Manitoba, is October 13,; aiid the latest was November 3, 1899. •. 'i.i^ Anser fabalis (Lath.). Bean Goose. An Old World species of accidental occurrence (once) in northern Greenland. 72 NORTH AMERICAlSr DUCKS, GEESE, AND SWANS. Branta canadensis (Linn.). Canada Goose. Breeding range. — The principal summer home of the Canada goose is the interior of Canada, from Saskatchewan and Alberta north to the limit of trees. Eastward it breeds conmionly in the interior of Ungava and rarely on the coast as far north as Okak and Ungava Bay. It is not a rare ])reeder in Newfoundland, and is fairly common on the islands of the Gulf of St. Lawrence and thence west through Quebec and northern Ontario to the southern end of James Bay. An}' occur- rences south of this district must be considered accidental or casual, though it has been recorded as nesting at Lexington, Mass., April, 1888, and once at Hartland, Vt. In the interior of North America the breeding range extends some- what farther south. A hundred years ago the species bred commonly in all the northern third of the Mississippi Valley and not uncom- monl}' to the latitude of St. Louis. Now the number of pairs breed- ing south of the latitude of central Iowa is very small, though even of late years the Canada goose has been known to breed at Samburg and at Reelfoot Lake, Tennessee, which seem to be the most southern localities known east of the Rocky Mountains. A few breed in Ken- tucky, and the number increases slightly in Indiana and Illinois and the southern third of Michigan and Wiscondn. North of this and throughout much of Minnesota the species is a regular and not uncom- mon summer resident. The Canada goose formerly bred in Kansas; now it breeds rarely in Nebraska and southern South Dakota; regu- larly in North Dakota and northward. The species still breeds in the northern third of Colorado, in northern Utah, northern Nevada, south- ern Oregon and northward. A half century ago it was recorded as breeding as far south as southern New Mexico. The western boundary of the breeding range extends from the interior of British Columbia to the upper Yukon and to Fort Yukon, with a few stragglers west to the Yukon mouth. Winter range. — The principal winter home is the southern half of the Mississippi Yalle}^ west of the Mississippi River, but the species is not rare in the eastern United States from Florida to Maryland, occa- sionally to Massachusetts, and is recorded during the winter in Maine, Nova Scotia, Quebec, and even in Newfoundland. The normal winter range in the interior extends to southern Indiana and southern Illinois, but a few have been noted in winter in Ohio, southern Ontario, south- ern Michigan, southern Wisconsin, Nebraska, southern Colorado, and southern Utah. The winter home mcludes all of the Pacific coast region north to British Columbia, but in California typical B. canadensis inhabits the interior rather than the seashore. The Canada o-oose is an accidental visitant to the Bermudas and to the West Indies (Jamaica and probablv St. Croix). Spring inigration. — More records on the movements of the Canada CA.NADA GOOSE. 73 goose have been contributed than on any other three waterfowl com- l)ined. A synopsis of the most important of these notes is pi'esented, both for the purpose of indicating the time of the principal migration movements and also of calling attention to the wide differences in the records from contiguous localities in the case of a locally distributed species like the goose. Dates of arrival in fijwing of the Canada goose. .ATLANTIC COAST. Place. Central Maryland Bervvyn, Pa Renovo, Pa Hares Valley, Pa Central Pennsylvania. Erie, Pa Central New .lersey Oak Orchard Light, New York Montauk Point, Long Island Shelter Island, Long Island Central New York Plattsburg, N. Y Jewett City, Conn Central Connecticut Block Island Light, Rhode Island . . Framingham, Mass Central Massachusetts St. .Tohnsbury, Vt Northern Vermont Southern New Hampshire Southern Maine - Plymouth, Me Quebec City, Canada Montreal, Canada God bout, Quebec Grand Manan, New Brunswick Chatham, New Brunswick .• Scotch Lake, New Brunswick Pictfiu, Nova Scotia Halifax, Nova Scotia North Kiver, Prince Edward Ishind Alberton, Prince Kdward Island Num- ber of years' record. 6 5 3 5 19 4 16 9 20 11 17 11 8 19 3 6 13 16 9 12 C 3 5 G 5 9 5 4 Average date of spring arrival. Mar. 22 Mar. 5 Mar. 15 Mar. 12 Mar. 17 Mar. 21 Mar. oo Mar. 18 Feb. 24 Mar. 14 Mar. 13 Mar. 22 Mar. 19 Mar. 17 Mar. 16 Mar. 26 Mar. 17 Mar. 21 Mar. 23 Mar. 21 Mar. 24 Apr. Mar. 1 27 Mar. 22 Apr. Mar. 8 22 Mar. 19 Mar. 20 Mar. / Mar. 13 Mar. 20 Mar. 19 Earliest date of spring arrival. Feb. Feb. Mar. Feb. Feb. Mar. Feb. Mar. ¥(ih. Mar. Jan. Mar. Mar. Feb. Feb. Mar. Feb. Mar. Mar. Mar. Mar. Mar. Mar. Feb. A pr. Mar. Mar. Mar. Feb. Feb. Mar. Mar. 15, 1892 18. 1901 12, 1899 19,1887 13, 1892 2,1902 4, 1890 4,1890 l.i, 1893 10. 1892 31,1890 17. 1886 2, 1902 1,1890 21,1898 20. 1887 25. 1888 13. 1902 13,1902 11,1892 5. 1902 23, 1880 1,1894 15. 1893 5, 1887 1, 1890 1, 1902 14, 1902 26, 1889 23, 1892 9, 1888 10, 1889 MISSISSIPPI VALLEY. Central Missouri Batavia, 111 Chicago, 111 Odin, 111 Lafayette, Ind Biooinington, Ind New Harmony, Ind Frankfort, Ind Waterloo, Ind Sedan, Ind Oberlin, Ohio Wauscon, Oliio Weymoutl], Ohio Petersburg, Mich Battle Creek, Mich Southern Michigan Ottawa, Ontario Southern Ontario Southern Iowa Storm Lake, Iowa Spirit Lake, Iowa Delavan, Wis Southern Wiscoiisiii Heron Lake, Minn Lanesboro, Minn St. Paul, Minn Klk River, Minn Ouaga, Kuas... a A few winter 6 18 5 4 3 3 10 8 (i 6 4 4 5 5 19 11 10 16 4 7 3 IS 4 3 3 4 7 Feb. 11 Feb. 22 Mar. 14 Feb. 22 Mar. 2 Mar. 5 Feb. 8 Feb. 19 Mar. 14 Mar. 11 Mar. 9 Mar. 16 Mar. 13 Mar. 5 Mar. 13 Mar. 14 Apr. 4 Mar. 16 Mar. 1 Feb. 17 Mar. 1 Mar. 4 Mar. 13 Mar. 18 Mar. 21 Mar. 22 Mar. 27 Feb. 14 Feb. Jan. Feb. Feb. Feb. Feb. Feb. Fet). Feb. Feb. Mar. Feb. Mar. Feb. Mar. Feb. Feb. Feb. Fet). Feb. Feb. Feb. Mar. Mar. Mar. («) 14, 1888 15, 1897 C) 23, 1895 17, 1903 2. 1902 12, 1893 4, 1890 13, 1891 19, 1905 23. 1888 11,1885 13, 1890 8. 1903 23, 1890 20, 1903 24, 1901 4,1890 2, 1888 23, 1886 28,1895 27,1894 23, 1886 15. 1889 5,1889 11,1885 74 NORTH AMERICAN DUCKS, GEESE, AND SWANS. Dates of arnval in spnng of the Canada goose — Continued. MISSISSIPPI VALLEY— Continued. Place. Central Kansas , Soiitlierii -Nebraska Oiiialiii. Ni'lir , Huron, S. l)ak.. iuid vicinity (Jraiid View, S. Dak., and vicinity AvKUsvillc. N. Dak Lariinore, N. Dak Aweiiie. Manitdba Rcahurn. Manitol»a , Ciu'.\i>pcll('. Saskatchewan Biilyea, Saskatchi'wan Indian Head, Saskalchewan Kurt Vermillion. .Vlbirta Reindeer Lake. Saskatchewan Fort Siniiisoii. ^hicken7,ie Kathdruni, Idaho Great Falls, .Mont Colnnibia Falls, Mont Terry, Mont Num- ber of years' record. 4 G 4 6 5 c 8 11 9 3 Average date of spring arrival. Feb. Feb. Feb. Mar. Feb. Mar. Mar. Mar. Apr. ...d( Earlie.st date of spring arrival. Apr. 1 16 Apr. 30 14 Apr. 28 2 Feb. 24 3 Mar. 12 5 Mar. 24 10 Mar. 27 Feb. Mar. Jan. Mar. Mar. Mar. Mar. Mar. Apr. Feb. Apr. Apr. Apr. Feb. Mar. Mar. Feb. («) («) 12, 1898 2, 1889 27, 1891 8, 1892 16. 1894 9, 190.=) 2.5, 1900 25, 190.5 10, 1901 24, 1905 15, 1904 17, 1889 22, 1904 3, 1901 10,1889 17. 1895 28,1892 "A few winter. Dates of departure in sprinij of the Canada goose. Place. Num- ber of years' record. Central West Virginia Central Maryland Berwyn, Pa Renovo, Pa Central Pennsylvania Central New Jersey Oak (irehiird Light. New York Montauk Point Light, Long Island. Sou til ern Mississippi Keokuk, Iowa Grapevine, Tex Northern Texas 3 5 4 3 10 6 11 4 6 11 7 Average date of last one seen. Apr. 1 Apr. 4 Apr. 11 Apr. 15 Apr. 9 Apr. 16 Apr. 22 Mar. 26 Apr. 3 .\pr. 4 Apr. 4 Latest date of la,st one .seen. .\pr. Apr. Apr. Apr. May May May Apr. Apr. Apr. Apr. Apr. 21, 1886 22, 1890 24,1898 16, 1900 5, 1894 9, 1887 14, 1890 29, 1S90 20,1903 23, 1893 15, 1899 9,1885 Spring arrival of the Canada goose. Year. Central Missouri. Frank- fort, Ind. Southern Iowa. Chicago, 111. Southern Wiscon- sin. South- ern Michi- gan. 1884 Feb. 1 Mar. 15 Mar. 29 Mar. 17 Mar. 12 Mar. 18 Mar. 7 "Ma'r."2' Mar. 16 Mar. 28 Mar. 16 Mar. 6 .Mar. 15 Mar. 15 Mar. 19 Mar. 15 1885 Mar; 2 Feb. 23 Feb. 28 Mar. 1 Mar 2 Feb. 26 Mar. '27 1886 Feb. 10 Mar. 12 1887 Mar. 8 1888 Mar. 14 1889 1890 Feb. 11 Feb. 15 Mar. 18 Mar. 7 1891 ... Mar. 10 1892 Feb. 26 Feb. 26 Mar. 1 Mar. 4 Mar. 10 Mar. 3 Mar. 12 Mar. 8 Mar. 19 Mar. 9 Mar. 5 1893 Feb. 4 Feb. 12 Feb. 14 Feb. 25 Feb. 21 Feb. 14 Feb. 17 Feb. '20 Feb. 21 Feb. '27 Feb.' 19 " Mar. 12 Mar. 9 Mar. 13 Mar. 6 Mar. 16 Mar. 10 Mar. 21 Mar. 13 Mar. 16 Mar. 19 Mar. 13 Mar. 5 1894 Mar. 16 1895 Mar. '25 189C Feb. 25 1897 - • . . 'Feb.'ii' Feb. 10 Feb. 20 ¥eh. -22 Feb. 11 Mar. 8 1898 Mar. 5 1899 1900 Feb. 28 Mar. 26 1901 Mar. 27 1902 1903 1904 . Feb. 28 Mar. 1 Feb. 29 Feb. 26 Mar. 1 Mar. 9 Mar. 17 Mar. 13 Mar. 18 Mar. 13 Mar. 14 Mar. 8 Mar. 8 1905 Mar. 11 Average Mar. 14 Mar. 14 CANADA GOOSE. Spring arrival of the Canada goose — Continued. 75 Year. Southern Ontario. Ottawa, Ontario. Lari- more, N. Dak. Aweme, Mani- toba. Reaburn, Mani- toba. Terry, Mont. 1884 Mar. 13 Mar. 25 Apr. 1 1885 Apr. 3 Mar. 22 188ti 1887 1888 Mar. 19 Mar. 12 Mar. 12 1889 Mar. 16 Mar. 24 1890 Mar. 28 Mar. 20 Mar 27 1891 1892 1 1893 Apr. 8 Apr. 12 Apr. 2 Mar 18 18f4.-. Mar. 16 Apr. 7 1895 Mar. 26 Apr. 12 ! IVtar '21 1896 Apr. 10 Mar 31 Mar. 26 Apr. 7 Apr. 7 Apr. 9 Mar. 23 Mar. 28 Mar. 14 Mar. 28 Mar. 30 Mar. 28 Apr. 8 Apr. 7 Apr. 10 Mar. 25 Apr. 2 Mar. 27 Mar. 27 Mar 27 1897 Mar. 12 Mar. 14 Apr. 4 Apr. 3 1898 Mar. 29 Apr. 8 Apr. 5 1900 Mar. 13 Mar 25 1901 1902 1903 Apr. 1 Mar 2'' 1904 Mar. 26 Mar. 31 Apr. 4 Mar. 24 Mar. 24 Mar. 21 1905 Mar. 19 Mar. 16 Mar 20 Average Mar. 29 Apr. 2 Mar. 27 The Canada goose is aboutdie earliest water bird to migrate in spring, and tliroughout the whole course of its journey from its winter home to the Arctic coast it keeps close to the melting ice and the opening streams. The following dates seem a fair averag-e for the time of arrival in the several districts: Locality. Southeastern Iowa. . Southern Minnesota Central Minnesota . . Southern Manitoba . Alberta Southern Mackenzie Northern Mackenzie Latitude. o / 40 30 44 00 46 00 50 00 58 00 62 00 66 00 Date. Feb. 20 Mar. 19 Mar. 28 Apr. 6 Apr. 22 May 3 May 12 If the time occupied in passing from one district to the next is com- pared with the distance traveled, it will be found that the speed varies widely in different parts of the migration route. The following are approximate averages: From latitude 40° to latitude 44°, 9 miles per day. From latitude 44° to latitude 46°, 15 miles per day. From latitude 46° to latitude 50°, 20 miles per day. From latitude 50° to latitude 58°, 23 miles per day. From latitude 58° to latitude 62°, 25 miles per day. From latitude 62° to latitude 66°, 30 miles per day. A great many records of the si)ring arrival of the Canada goose at the posts of the Hudson's Bay Company are available. Since this bird forms an important part of the food, both of the Indians and of the company's employees, a record is kept of its arrival each spring, and a reward is given to the person that secures the first one. These 76 NORTH AMERICAN DUCKS, GEESE, AND SWANS. records show that the Canada goose is among the most variable of birds in the time of its arrival. This is natural, since its migration seems to depend almost wholly upon the presence of open water, and this varies much with the seasons. The record at Fort Simpson cov- ers thirteen years between 1881 and 1891, and the average date of arrival is April 28, with extremes of fifteen days from April 23 to Maj^ 8. The average variation — the ''probable error" — in time of arrival is 1.1 days, i. e., if the Canada goose is noted as arriving on a certain date in any one year at that latitude the probability is that this date is within 1. 1 days of the average date of arrival at that local- ity. At Lac du Brochet Post, on Reindeer Lake, Saskatchewan, the following are the dates when the first Canada goose was seen: 1886 , Apr. 23 1874 3Iay 5 1875 May 11 1876 May 8 1877 Apr. 27 1878 Apr. 19 1879 Apr. 24 1880. 1881. 1882. 1883. 1884 . May 5 May 4 .May 3 .Apr. 25 .I\Iay 3 1887. 1888 1889 .May 3 .May 7 .Apr. 17 1885 Apr. 29 The average date of arrival is April 30', with extremes of twent}"- four da3's from April 17 to Ma}^ 11. The average variation is 5.9 days. pjggs have been found in northern Indiana, southern Minnesota, and central Wyoming the first week in Ma}^, and sometimes even in April, and at Malheur Lake, Oregon, April 21. An earl}^ set was found May 1 near the Saskatchewan, and one May 11 near the Red Deer River, Alberta, but usually nesting in this district l)egins about the middle of May, and at the northern limit of the range not uuich before the middle of June. Bides of arrival in the fall of the Canada goose. Place. Prince Edward Isluiid Scotch Lakt', New Brunswick. Central Massachusetts Block Island, Rhode Island... Montauk Point, Long Island.. Renovo, Pa Central Pennsylvania Central New .ler.sey Alexandria, Va Atlantic, N. C Anderson, S. C Chipley, Fla Aweme, Manitoba Central South Dakota Northern Nebraska Onaga, Kans Grapevine, Tex Central Wisconsin Central Iowa Keokuk, Iowa Wauseon, Ohio Central Indiana Northern Illinois Central Missouri Helena, Ark Southern Mississippi Num- ber of years' record. 3 5 7 9 4 8 14 16 Average date of first one seen. Aug. 28 Oct. 23 Oct. 11 Oct. 21 Oct. 20 Oct. 24 Oct. 22 Oct. 18 Oct. 20 Aug, 14 Sept. 23 Oct. 7 Oct. 18 Oct. 9 Oct. 12 Oct. 14 Oct. 8 Oct. 20 Oct. 19 Oct. 13 Oct. 4 Oct. 4 Nov. 12 Earliest date of first one seen.. Aug. Oct. •Sept. Sept. Sept. Oct. Oct. Sept. Oct. Oct. Oct. Oct. Aug. Aug. Sept. Oct. Sept. Sept. Sept. Sept. Oct. Oct. Sept. Sept. Sept. Nov. 22. 1889 21, 1902 4. 1889 27. 1898 30, 1888 7,1901 15, 1894 23, 1897 5, 18S8 20. 1899 10, 1902 8, iy02 3. 1901 20. 1890 7, 1888 3,1891 30, 1904 30, 1892 10. 1899 27, 1SJ5 10,1887 6. 1902 28, 189.=) 23. 1900 26, 1896 5,1902 HUTCHINS GOOSE. 77 Dates of departure in the fall of the Canada goose. Place. Columbia Falls, Mont Aweme, Miuiitoba Southern ( )n tario SoutliLTU Michigan Central Minnesota Central Iowa Keokuk, Iowa Central Nebraska Prince Edward Island Grand Manan, New Brun.swick Montreal, Canada Southern Massachusetts Mantauk Point, Long Island... Renovo, Pa Central Pennsylvania Berwyn, Pa Central New .Tersey No. of Average date of years' record. last one seen. 4 Nov. 20 6 Nov. 17 4 Nov. 7 4 Nov. 8 8 Nov. 9 13 Nov. 18 7 Nov. 10 4 Nov. -27 (1 Dec. 1 4 Nov. 15 4 Nov. 4 8 Nov. 18 8 Nov. 21 6 Nov. 9 7 Nov. 14 () Nov. 16 9 Nov. 19 Latest date of last one seen. Nov Dec. Nov Nov Dec, Dec Dec Dec Nov, Nov Dec Dec. Nov Dec. Dec. Dec. 24, 1895 2,1899 . 10, 1901 . 25,1890 1,1890 20, 1904 4, 1900 22. 1889 20. 1890 . 14, 1890 . 28, 1877 19, 18,H9 18, 1903 6,1899 15. 1891 10,19t2 -71. Barnacle, 82. Bean, 71. Blue, 68-G9. Cackling, 78. Canada, 72-77. Etaperor, 82. Greater snow, 67-68. Hutchins, 77-78. Lesser snow, 6-5-67. Ross snow, 69-70. White-cheeked, 78. White-fronted, 70. Greater snow goose, 67-68. Green-winged teal, 30-32. Harelda hyemali.s, 52-54. Harlequin duck, 54-55. Histrionictis histrionicus, 54-55. Hooded merganser, 21-22. Hutchins goose, 77-78. King eider, 58-59. Labrador duck, 55. Lesser scaup, 46-48. snow goose, 65-67. Lophodytes cucullatus, 21-22. Mallard, 22-24. Mareca americana, 28-30. penelope, 28. Masked duck, 64. Merganser americanus, 19-20. serrator, 20-21. Merganser, American, 19-20. Hooded, 21-22. Red-breasted, 20-21. Mergus albellus, 22. Migration of watorff)wl, 14-15. Mottled duck, 26. Muscovy, 41. Netta rufina, 41. Nettion carolinense, 30-32. crecca, 30. Nomonyx dominicus, 64. Northern eider, 56-57. Oideruia americana, 59-60. deglandi, 61. fusca, 60. perspicillata, 62. Old-squaw, 52-54. Olor buccinator, 86-87. columbianus, 84-86. cygnus, 84. Pacific eider, 58. Philacte c'anagica, 82. Pintail, 37-40. Pcecilonetta bahamensls, 40. Polysticta stelleri, 55-56. Protection of waterfowl, 8-10. Querquedula cyanoptera, 34-35. discors, 32-.34. Red-breasted merganser, 20-21. Redhead, 41-43. Red-legged black duck, 2.5-26. Ring-necked duck, 48-49. Ross snow goose, 69-70. Ruddy duck, 63-64. Ruddy sheldrake, 36. Scaup duck, 44-46. Scaup, Lesser, 46-48. Scoter, American, .59-60. Surf, 62. Velvet, 60. White-winged, 61. Sheldrake, Ruddy, 36. Shoveler, 36-37. Smew, 22. Somateria dresseri, 57-58. mollisima borealis, 56-57. spectabilis, 58-59. v-nigra, 58. Snow goose. Greater, 67-68. Lesser, 65-67. Ross, 69-70. Southern red-billed tree duck, 84. Spatula clypeata, 36-37. Spectacled eider, 56. Steller eider, 5.5-.56. Surf scoter, 62. Swan, Trumpeter, 86-87. ■ . Whistling, 84-86. Whooping, .S4. Swans, Distribution and migration, 84-87. Teal, Blue-winged, 32-34. Cinnamon, 34-35. European, 80. Green-winged, 30-32. Trumpeter swan, 86-87. Velvet scoter, 60. Waterfowl, decrease, causes, 10-12 distribution, 15-18. laws protecting, 8-10. migration, 14-15. tables of ranges, 16-18. species that winter in United States and Canada, 13. winter ranges, 13-14. Whi.stling duck, 84. Whistling swan, 84-86. White-bellied brant, 79-81. White-cheeked goose, 78. White-faced tree duck, 84. White-fronted goose, 70. White-winged scpter, 61. Whooping swan, 81. Widgeon, American, 28-30. European, 28. Winter ranges of waterfowl, 13-14. Wood duck, 40-41. o ■\ U. S DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 27 ' C. HART MERRIAM, Chief THE NORTH AMERICAN EAGLES AND THEIR ECONOMIC RELATIONS BY HARRY C. OBERHOLSER ASSISTANT ORNITHOLOGIST, BIOLOGICAL SURVEY WASHINGTON GOVERNMENT PRINTING OFFICE 1 !) 0 r, V Bull. 27, Biological Survey, U. S. Dept. of Agriculture. Plate I. Bald Eagle (Halicetus leucocephalus" (Drawn by R. Ridgway.) U. S DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 27 C. HART MKKKIAM, Vluef THE l^ORTH AMERICAN EAGLES AND THEIR ECONOMIC RELATIONS BY HARRY C. OBERHOLSER ASSISTANT ORNITHOLOGIST, BIOLOGICAL SURVEY r. WASHINGTON GOVERNMENT PRINTING OFFICE 1 y 0 (3 LETTER OF TRANSMITTAL. U. S. Department of Agriculture, Biological Survey, Washington, D. C, July 3, 1906. Sir : I have the honor to transmit herewith for pubhcation 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 is made to bring together all important facts respect- ing their distribution and food habits and to definitely fix their economic status. Respectfully, H. W. Henshaw, Acting Chief, Biological Survey. Hon. James Wilson, Secretary of Agriculture. 2 CONTENTS Page. Introduction 5 Bald eagle 6 General habits 7 Food habits 9 Food. _ 10 Fish 10 Wild birds 11 Poultry 13 Mammals 13 Domestic animals 14 Miscellaneous " 15 Economic status 16 Destruct ion by man 17 Gray sea eagle 18 General habits 18 Food 19 Economic status 20 Golden eagle 20 General habits 20 Food habits 23 Food 23 Mammals 23 Domest ic animals 26 Wild birds 27 Poultry 29 Miscellaneous 29 Economic sta( us. 30 Destruction by man 31 3 ILLUSTRATIONS. PLATES. Page., Plate I. Bald eagle (Ealiseetus leucocephalus) Frontispiece. II. Golden eagle {Aquila chrysaetos) 20 TEXT FIGURES. Fig. 1 . Breeding range of the bald eagle 8 . ] 4 2. Breeding range of the golden eagle 22 THE NOETH AMEEIOAN EAGLES AND THEIE ECONOMIC EELATIONS. 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 possible 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 globe — North America, South America, Europe, Asia, Africa, Aus- tralia, and the East India Islands — they are most numerous in Europe, 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 of the present con- sideration. Eagles are popularly supposed to be quite difl"erent from hawks, but, in a word, the}^ 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. {Haliseetus 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 3^ 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 Commander Islands, Kamchatka." a 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 {Haliseetus leucocephalus alascanus Townsend). 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 more northern regions, particularly the interior of Alaska and of northern Canada, it withdraws for the winter when th;. lakes 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 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. 8 NOETH AMERICAN EAGLES. This species breeds throughout its range wherever suitable places exist, and it has been known to l&j and hatch eggs in confinement. In the southern part of the United States, from Florida to Texas, it breeds very early, depositing its eggs usuaih^ during the first half of December, exceptionally about the 1st of Xovember, occasionally in Fig. 1.— Breeding range of the bald eagle {Halixelus leucocephalus). January or February; in the Middle States and in California it lays in February or March, and to the northward correspondingly later — about the middle 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 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 ground it occasionally consists merely of a few 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, leaves, and seaweed. The eggs are dull white 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 attack 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 considerable period is appar- ently no serious inconvenience, since Mr. George A. Boardman once kept an individual without food 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 If inches in diameter, and 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. Food. 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. William Brewster mentions that in 1879 it was abundant about Lake Umbagog, Maine, drawn tliither 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 v/hich were floating on the St. Johns River, Florida. Mr. C. P. Streater found it common at Sauk, Wash., in September, 1S91, 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 imcijicus), 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 vanes 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 G Forest and Stream, XVIII, 1882, p. 85. BALD EAGLE. 11 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 osprey s 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 {Ictalurus furcatus) , striped bass {Roccus lineatus), gold- fish {Carassius auratus), eel {Anguilla chrisypa), sunfish {Euimmotis gihhosus), 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 liyemalis) 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 Hmited, 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 ray informant has. on several occasions, seen as many as eight at once. At this season the neighboring bays and creeks swarm with Wild-fowl, and upon these the Eagles princi- pally live. He has never known them to capture fish of any kind, although they not unfrequenfly rob the Fish-IIawk. Geese and Brant form their favorite food, and the address displayed in their capture is very remarkabk. 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 o Bulletin Nutt. Ornith. Club, V, 1880, pp. 57-58. 12 NOKTH AMERICAN EAGLES. 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 { Chariton etta alheola) 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 ohscura) 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. S. 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 {FuUca a/mericana) , 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 abound there, hunting them usually on the wing. One eagle's nest with two well-grown 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 immer) 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 ot a Florida cormorant (Phalacrocorax auritus Jloridanus) 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 {Ecto pistes migratorius) 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-gr()wn deer, particu- larly if the latter be wounded. Remains of a mule deer {Odocoilcus canus) were found hj Dr. E. A. Mearns in the stomach of one from the Mogollon Mountains, Arizona. Mr. E. W. Nelson is authority for the statement that in northern Alaska it feeds at times on young o Vol. Ill, 1875, p. 324. 6 Bendirc, Life Histories of North American Birds [II, 1892, p. 279. 14 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 lotor) 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 sc^uirrels (Sciurus) are plentiful they are freely eaten. In California, according to Dr. J. G. Cooper, large numbers of the destructive ground squirrels, or spermophiles (Citellus), w^ere 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 dally to kill squirrels — a hint, perhaps, for California wheat raisers. Prairie dogs (Oynomys ludcvi- 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. Unfortunatelv 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 ^agle 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 fells'^ of an eagle that at Hornells- o Twenty-second Ann. Rep. Dep. Geol. and Nat. Res. Indiana, 1897 (1898), p. 794. b Forest and Stream, V, 1876, p. 195. c Ibid., X, 187S, p. 319. BALD EAGLE. 15 ville, N. Y., ill 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 ofl"." 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, valiantly 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, however, 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, VllI, 1877, p. 17. 16 ■ NORTH AMERICAIS- 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 feeding 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 of 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 molested, and song birds are evidently considered too small to be worth pursuit. Although not often attacking large animals, it sometimes kills fawns. This, however, is much more than offset 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, almost everywhere somewhat of a scavenger, a trait that should be set down to its credit. All things considered, the bald eagle is rather more beneficial than otherwise, since much of its food is of little or no direct economic BALD EAOLE. 17 value, "while the good it does more than compensates for it^ 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, wiiile 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 c^uite numer- ous in that locality, but at the tune 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 eciually effective. There is some cjuestion 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 m large doses, including a dram of corrosive sublimate and an equal quantity of white arsenic, but none of these produced the slightest apparent effect. Str3^chnine is commonly supposed to be a certain means of death for eagles, but why this should be so if mineral poisons are harmless is 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 wortiiy 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. oOmith. Biog., II, 1835, p. 163. 18 NORTH AMERICAN EAGLES, GRAY SEA EAGLE. {Haliseefus 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 — Ilaliseetus 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 last 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 is a 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. 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. FOOD. 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 laro;e 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 oifal 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 Kussia, at a nest containing two young eagles respectively about five and eight days old, he found remains of the following birds: Two eiders {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. Rorig found remains of an owl 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. Rorig 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 \Le])US timidus), and particularly in winter feeds upon them to a considerable extent. On the steppes of southern Russia it often pounces upon ground scpurrels (Citellus citellus), and in the same 20 NOETH AMEEICAN EAGLES. region it is said to hunt moles {Sfolax imllasii 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 chrysa'etos.) Few if any eagles are better kaiown 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 North 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 not 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 11. ^-* Golden Eagle Aquila chrysaetos). (Drawn by K. Kidt,'\vay.) 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 foraj^s; 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 m 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 2| or 3 feet high and 3^ or 4 feet in outside diameter^but by the additions made 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 shght 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' {CMorogalum pomeridianum) (in 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 wliite to very heavily 22 NORTH AMERICAN EAGLES. marked with various shades of brown. They are not usually depos- ited on successive days, but at intervals of sometimes as much as a week. The period of incubation has been given variously as from twenty-five to thirty-five days; probably thirty days is the average time. The voung when first hatched are covered with a white down Fig. 2.— Breeding range of the golden eagle {Aquila chnjsaelos). which lasts for several weeks until gradually replaced by the new brown feathers. The young grow rapidly, but remain a long time in the nest — from two to three months. They are sometimes sav- 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 diflPerence. Contrary to the many stories current regarding the fierceness of the golden eagle in defense of its brood, 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 takeii 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. Food. 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 Europe and America. Mr. Charles F. Morrison records the killing of a full-sized black-tailed deer (Odocoileus Tiemionus) 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 than hareb and rabbits, due no doubt to their abundance, wide distribution, and ease of capture. Nearly all writers on the golden 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 thej 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 {Orydolagus cuniculus) is sometimes captured, though apparently not so often as other species of the family. Mr. E. S. 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, Cahf., 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 meal 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 columhiensis) . 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- aAuk, XXII, 1905, pp. 158-167, pis. II-Vl. 6 Auk, 1897, p. 317. c Country 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, Cahf., 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 heecheyi). 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, according to Mr. R. MacFarlane, an important source of food. Tree squirrels {Sciurus) are sometimes captured, 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 {Sciurus aherti) 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 fiaviventra) 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. Brchm states that 26 NORTH AMERICAN EAGLES. the European hedgehog (Erinaceus europseus) is sometimes captured by the golden eagle, and that this animal's spiny coat, so efficient a protection against mam" of its enemies, is apparently little or none against the eagle. , Various smaller mammals, particularly rodents, are at times eaten. Mr. Vernon Bailey discovered bones of a pocket gopher (Oratogeomys castanops) among those of other animals at an aerj' 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 probabl}^ 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, voung lambs in the vallevs 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. E. 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. i 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 GOLDEN EAGLE. 27 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 dou})t 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 UTnhellus) suffers, in the West the blue grouse (Dendraga/pus ohscurus), the sage grouse (Centrocercus uro- phasianus), and especially the sharp-tailed grouse (Pedioecetes phasi- anellus and subspecies). Mr. Robert Ridgway records an instance of the pursuit of a sage grouse by a pair of eagles on the East Hum- boldt Mountains, Nevada, in which the grouse was overtaken in open chase and seized and borne away the moment it alighted on the ground. 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 pJiasianellus columbianus) in an eagle's nest near Fort Custer, Mont., and Mr. E. S. Cameron, in regard to the nest in Montana previousl}' 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 eao;les refrain entirely from a diet of (2;ame 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 j^oung have less chance in the struggle for exist- ence, and in the above calculation ample allowance has been made accordingly. 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. E. 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 ])rey, which hunted them nmch as does a peregrine falcon, that they left the place. In the northern regions ptarmigans {Lagopus) often 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 they are numerous and not wary, are, owing to their size, attractive quarry for the golden eagle; and, at least formerly, probably occupied no insig- nificant place on its bill of fare, to which effect we have the testimony of Audubon and other authors. Also bob whites {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 entangled 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 GOLDEN EAGLE. 29 least in Europe, are once in a while appropriated. Mr. George A, Boardman has seen a great blue heron (Ardea Tierodias) attacked by a golden eagle, but whether to niake 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 horealis), portions of which were found in its craw — strange prey for an eagle! Dr. G. Rorig 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 j^oung 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. V 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 (CrotoZws confiuentus) to the young, and that once he noticed a bull snake {Pityophis sayi) 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 conveyed 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. E. 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. E. L. Beal informs the \\Titer 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 consideralile 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 J:AGLE. 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 considered on the whole more harmful than 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 she.ep, 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. E. S. Cameron states that in Montana some j'ears 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 war}^ under most circun.stances. 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. 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 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 usually may be kept in check by local means. o Issued August 1, 1907. U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 28 ♦ C. HART MERRIAar, Chief^ GAME COMMISSIONS AND WARDENS THEIR APPOINTMENT, POWERS, AND DUTIES BY R. W. WILLIAMS, Jr. GAME LAW ASSISTANT, BIOLOGICAL SURVEY washingto:n GOVERNMENT PRINTINd OFFICE 1907 > Issued August 1, 1907. U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 28 C. HART MERRIAM, Chief GAME COMMISSIONS AND WARDENS THEIR APPOINTMENT, POWERS, AND DUTIES BY ^EVV YORK BOTANICAL GARDEN R. W. WILLIAMS, Jr. GAME LAW ASSISTANT, BIOLOGICAL SURVEY WASHINGTON GOVERNMENT PRINTING OFFICE 19 0 7 LETTER OF TRANSMITTAL. U. S. Department of Agriculture, Bureau of Biological Survey, ^Ymhmgton, D. C, June 29, 1907. Sir: 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 law^s 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. The 8 maps and diagrams are necessary for the Droper illustration of the text. Respectfully, H. W. Henshaw, Acting Chief, Biological Survey. Hon. James Wilson, Secretary of Agriadture. CONTENTS. Page. Preface - 9 Part I. — General Discussion. Game officials ^1 Development of the State game commission and wardenship 11 Commissions 16 State game wardens 19 County wardens 24 District and city wardens 25 Subordinate officers 26 Special local officers - -^l Other officers 31 Game protection funds 34 Game law administration - 43 Arrest 43 Arrest without warrant 45 Power to require aid 50 Arrest of trespassers by landowner 51 Extradition 51 Search - 53 Search with warrant 53 Search without warrant - 54 Seizure 55 Seizure of game 55 Disposition of seized game 56 Seizure of illegal aj^pliances 58 Prosecutions ^^ Who may prosecute - 60 Attorneys 60 Mode of accusation 61 Statutes of limitation 62 Separate offenses 64 Special evidence 65 Fines '1 Imprisonment '4 Costs 75 Rewards to informers '5 Rei)orts of prosecutions ' ' Effect of repeals ' ' Civil actions ^^ Replevin ' *^ Injunction ^0 Miscellaneous provisions ^^ Publication of game laws and reports 82 Charge to the jury ^^ Suspension of prosecutions ^4 Special offenses in connection with hunting licenses 84 Dogs 85 Ferrets ^' 5 b CONTENTS. Page, Special problems 88 Cooperation 88 ' Sooners ' 88 Hunting accidents 89 Cold storage 90 Indians 91 Aliens 98 Part II. — Summaries of the Pkovisioxs Relatinc; to Enforcement. Alabama . 100 Alaska 101 Arizona 101 Arkansas 101 California 101 Colorad(j 102 Connecticut 104 Delaware 105 District of ColnniV)ia 105 Florida 105 Georgia 106 Idaho 106 Illinois 107 Indiana 108 Iowa 108 Kansas 109 Kentucky 109 Louisiana 110 Maine 110 Maryland 112 Massachusetts 112 Michigan 11.3 Minnesota 114 Mississip])i 115 Missouri *. . . 116 Montana 116 Nebraska 117 Nevada 119 New Hampshire 119 New Jer.«ey 119 New Mexico 120 New York 121 North Carolina 122 North Dakota 122 Ohio 123 Oklahoma 124 Oregon 125 Pennsylvania 126 Rhode Island 127 South Carolina 128 South Dakota 128 Tennessee 129 Texas 130 Utah 131 Vermont _ 131 Virginia 132 CONTENTS. i Page. Washington 133 West Virginia 134 Wisconsin 135 Wyoming - 136 Part III. — Extracts from Laws wiTir Special Reference to Enforcement. Alabama 13' Alaska I'll Arizona I'll Arkansas I'l^ California l'*3 Colorado I-IS Connecticut 150 Delaware ' 152 District of Columbia 155 Eloridu - 155 Georgia - 15' Idaho 158 Illinois 161 Indiana 1^^ Iowa ^ - 167 Kansas 1"" Kentucky l'-*^ Louisiana l^-' Maine 173 Maryland 178 Massachusetts 182 Michigan 18*1 Minnesota 188 Mississippi 1"3 Missouri l^'l Montana 1^^ Nebraska 201 Nevada -04 New Hampshire 205 New Jersey -''^' New Mexico 212 New York --- 213 North Carolina 217 North Dakota 219 Ohio - 221 Oklahoma —8 Oregon '&"- 229 " 90.1 Pennsylvania '^'^^ Rhode Lsland 243 9_t J. South Carolina "''"* South Dakota 248 Tennessee -^*" Texas 254 Utah 256 Vermont ' "' ^ Virginia " Washington "^ West Virginia 2^6 Wisconsin - 269 Wyomnig Index 281 ILLUSTRATIONS. Page. Plate I. Map showing officers charged with enforcement of game laws. Frontispiece II. 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. III. Diagram showing terms of service of State game commissioners and wardens -0 IV. Diagram showing salaries of State commissioners and wardens 24 V. States which authorize wardens to search without warrant . 54 VI. States which authorize wardens to seize without warrant 56 VII. Disposition of seized game 58 8 PREFACE. The publications on ^ame laws orig-iiially 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 comjjare such laws it has been necessar}^ 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. Man}' 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 alread}^ enacted. The problem of how to make the rapidly growing and frequenth^ 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 publicration 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 pi-()bal)ly increased in even greater ratio. The number of those who hunted in 1905 is con- 9 10 PREFACE. servativel}- estimated at from 2,500,000 to 3,000,000. To regulate hunting by this constantly growing army of sportsmen it has been found necessar}^ 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 dignit}" 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 necessar}^ for the maintenance of the work intrusted to these officers has been greatly simplified b}^ 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 probablj^ 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 the provisions bj'- 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 especialh^ 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 II, a sum- mar}- 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 j^ears' 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. S. Palmer, III Charge of Game Presei^vation. GAME COMMISSIONS AND WARDENS. THEIR APPOINTMENT, POWERS, AND DUTIES. PART I.— GENERAL DISCUSSION. GAME OFFICIAIiS. 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 b^^ 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, Han(;ock, and \Yaldo, to serve three years, and to meet annually at Bangor for the transaction of business connected with the supervision of the salmon, shad, and alewifc 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 Gushing, 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 12 GAME COMMISSIONS AND WAKDENS. 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 hsh 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 subsequentl}^ 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 constable 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 ofiice 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 oflicially employed and an allowance for necessary expenses. In 1870 the term of ofiice 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 oft'enders in such town, with compensation to be prescribed by the selectmen and paid from the town treasur3\ In addition to such compensation they were allowed one-half the penalty recovered when offenses were detected b}^ 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 conunissioners 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 1873 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 detecting 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 olSce 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 1880 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 ap])oint 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 oft'enders; and they were required to take the oath of office. Game wardens were 14 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 count}'^ 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 b}- the act of 1872. In 1893 the legislature declared that in prosecutions relating to game the warden, deputy, or other oflicer 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 oflicers 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- eries; 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 oflice, 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 b}^ county ESTABLISHMENT OF GAME COMMISSIONS. 15 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 plan 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 Establishment of Game Commissions and State Wardenships. state. Title. Date. Alabama . . Arizona . . , California . Colorado . Connecticut . Delaware. Idaho Illinois . . . Indiana Iowa . . , Kansas Maine Maryland Massachusetts. Michigan.. Minnesota. Missouri. Montana Nebraska New Hampshire. New Jersey New Mexico. New York . . . North Carolina . North Dakota . . Ohio. Oklahoma . Oregon Pennsylvania . . Rhode Ishiiiil. .. South Carolina . Tennessee Texas Utah Vermont Washington . West Virginia .. Wisconsin Wyoming State game and fish "commissioner Fish and game commissioners Board of fish commissioners Jurisdiction extended to game state flsh commissioner Jurisdiction extended to game State game and fish commissioner Commissioners on fisheries Commission of fisheries and game Delaware game protective association Fisli and game warden Game warden (one for each of the three largest cities) . State game commissioner Commissioner of fisheries Commissioner of fisheries and game State fish and game warden Commissioner of fisheries State fish and game warden Commissioners of fisheries Jurisdiction extended to game Commissioners of inland fisheries and game Board of special ducking police Game warden Commissioners of fisheries Jurisdiction extended to game Game and fish warden department Commissioners of fisheries State game warden Board of game and fish commissioners , Game and fisli warden Board of game and fish commissioners State game and fish warden Game and fish commission Fish commission Board of fish and game commissioners Commissioners of fisheries Jurisdiction extended to game Board of fish and game commissioners Game and fish warden Commission of fisheries Chief game and flsh protector Forest, fisli, and game commission Audubon Society of North Carolina .■ State game warden District game warden Commissioners of fisheries Commissioners of fish and game Territorial game and fish warden Game and flsli protector Game and forestry warden Board of game commissioners Commissioners of birds Audulxin Society of South Carolina State warden State warden of game, fish, ami forestry Fish and oyster commissioner Game, tish, and oyster commissioner State fish and game warden State lisli and game commissioner Fish com mission I^ish and game commission. 1907 1887 1870 1878 1877 1891 1899 1867 1895 1879 1899 1886 1899 1881 1899 1897 1877 1905 1878 1880 1899 1872 1896 1865 1886 1887 1874 1887 1891 1895 1895 1901 1901 1865 1878 1870 1894 1895 1903 1868 1888 1895 1903 1S95 1903 1873 1886 1899 1893 1899 1895 1899 1907 1903 1905 1895 1907 1897 1899 1867 _ ^ _ _ 1892 Fish and ganu; commissioner ISKIi (;ame warden 1 1»90 State fish eoinmissionerand game warden j 1899 Ganu! and lish warden i l^^J State warden | J^^l Fish commissioner | |^'° Jurisdiction extended to game - l''9>> State game warden 1899 4358— No. 28—07- 16 GAME COMMISSIONS AND WARDENS. COjVIMISSIGNS. 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 g-ame 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 Khode Island are also charged with the enforcement of the fish laws. In California the board is a fish commission with jurisdiction over matters pertaining to game. In Ohio not more than 3 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. As a precaution against the retirement of all the members at the same time, Ohio, in the act creating the commission, provided that one should be appointed for one year, another for two, another for three, and so on, and at the expiration of the respective terms the successor should be appointed for five years. Pennsylvania adopted a similar plan. In this way there is always a quorum familiar with the duties of the board and the greatest efliciency is insured. Ojfice. — 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. Appomtment.— 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 appointment 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 commissioners serve •'during the pleasure of the governor." £ond.— 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 ain Delaware, North Carolina, and South Carolina incorporated societies exercise the functions of a commission, as explained on p. 18. Bull. 28, Biological Survey, U. S. Dept, of Agriculture. Plate II. Fig. 1.— States iruledj which had Game Commissions in 1890. Fig. 2.— States i ruled) which had Game Commissions in 1900. MAPS SHOWING PROGRESS IN ESTABLISHMENT OF GAME COMMISSIONS. COMMISSIONS. 17 the leg-i.sluturo of 1905 appropriated $698.25 to cover the expenses of the commissioners for the years 1903 and 1901; in Minnesota the commissioners receive their necessary expenses, to be paid upon itemized statements duly audited by the conunission; NeAv 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 13 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 j)02vers.— 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, tix 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, but are required to make periodical reports to the governor or the legislature, showing in detail these and other transactions of their offices. Board meetings.— A^ the commissioners usually serve without com- pensation or for small s:ilaries and reside in widely separated sections of the State, it is not contemplated that they shall hold continuous sessions, but merely asseml)le 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 IVIinnesota the conunission 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 connnis- sioners maintain an office in Columbus and meet as often as necessity requires. 18 GAME COMMISSIONS AND W-\KDENS. Executive officer. — Under the conditions just described it is obvioush- necessary that there should be an officer, with a definite!}' 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 riohts and authoritv 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 85,000, 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 j^ears, 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. 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. He is elected by the members of the society, 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 STATE GAME WAKDENS. 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 under the act of 1873. In Delaware, for several years, an effort has ])een made by the members of the societ}^ to transfer the work to a regularly 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 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, Montana, Nebraska, New Mexico, New York, North Dakota, Okla- homa, Oregon, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming — provide for a single official to direct the affairs of the game department, the title of the office vary- ing somewhat with each State. The constitution of Nebraska (Art. V, sec. 26) prohibits the creation of any executive State office other than those therein mentioned and provides that duties devolving upon officers not provided for shall be performed l)y 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- pointed by him, with headquarters in the capitol. North Dakota formerly had a State warden, but in 1903 the legis- lature divided the State into two game districts 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 in 1899 directed that the State fish commissioner should be ex officio warden; and in 1905 authorized liim to appoint a chief deputy who should devote all his time to the game interests of the State, l^he magnitude of the fisheries industry in Washington and their conse- aThe same is true of the office of fish commissioner in Pennsylvania. 20 GAME COMMISSIONS AND WARDENS. quent demand upon the attention of the connnissioner made it neces- saiy to relieve hmi 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 tish 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 W3^oming, after the creation of the office of fish conmiissioner in 1879, the legislature intrusted the duties to a board of six memljers from 1882 to 1884, and later returned to the original plan of placing the warden work in charge of a single officer. Ajypolntvient. — 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 bv the senate. Quail fi cations. — 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.'* Term. — 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 Iowa 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. Bull. 28, Biological Survey, U. S. Dept. of Agriculture. 2 YEARS 4YEARS Plate III. 6YEARS 8 YEARS COlOff/JDO coA/A/^CT/car 0£L/JiV/J/?f /IL/NO/S M/}/A/£ M/fss4c^(ys£rrs M/C»/G/fA/ /l/1//VA/£S0r/l M/SSOl/R/ MO/^r/JAZ/J A/£'Bf?/}5/> a IS o pu, a c St) ■5- ll = - r: X ■3 =^ =' ^ .5 c g be -^ T. o O X u !<1 c- a) 3 bcS ti P<0 *o ^■e "t^ r>,> 5 as ^§ o s§ X ^- .4_> U o 5~ o 0) >> S2 ^g as t;0 9 ^■2 Is' 't^ ,^ =r aiCM ^ =* fe O f- - -r 11 - o OJ Zoz.t~^ = X .i - = -5 ^ -^ f— X ^ •'^ tH o o a >. o< o 2 o g 5 So s CO o fa y o E o C • o • c P. a), B Id E C C O"" a = c o o c "CO "CO : s 0) O 0 ,-~. c'^a H 03 -a ^ a 00 00 O o o 000 oc o o o 00 0000 00 o = = o X tC C-J C) iC o k 00 0000 o 00 0000 _J rlU^ ri _r^ o 0) CO _ . Sa X O X X ,r- tr- ^ E '^ X o Z fc - S iSsio CI -r 0 in 0 C4 -r 1-1 M i-c a o a, a; =! C {y O -C'S ^ X p p -0% im *2 .X c4 ~ q; a; t^ "E ci ^^ X a) '■eg C C o a X J^ Occ 610 X 'E X i) a c c . j: r- ? X "C - - - C o o 5=f -^%t 2 5 ^-H 5 S 5 s 00 £i5 2 --.si GaiGfl W i: 5 . J S X ^ ^ *r .-^ T-" tH ^ 0 ?' "^ _:'s,t isx ill II gg-S.xS Gfa- >. cj a; .2 ►-1-, M«^ *- i ss TERMS, SALARIES, EXPENSES. 2H c a; ro >rf a> g -^ -^ ^ M - S a ^2 X QJ =*S V.'O o ^ lO rr-' 03 id ^ li tUO •S >> -4^ 'u 1° a o (-4 p ^_^ ft ^ p-> O*"* o . (K ft g C3 i^ •a a. tu O hief gam pens l^ a5 m ^^ -1 ^ , aj aj ■d '0 r-; a^r^ r^ s C^ t— « ■■/■■^a. r- _o C '^rr o ^ 01 a> :; .*^ o o^ u S-"^ Ph S"^ - o (- d c a ss i"^ '^ -cc r; r oj oS < 3 • ■ O oc 5 . ; • o o o c 5 , ^ ^ ^, .§ ^ ^^ 3 ) IrH' :S,S- ooo ooo ooo ooo OCCiO -si ^ o 3 O I <1> • c ; o ■ '12 ■ X : £ ; a . o ^.« OJ ^ ^ Oi •S C ^ "^i a c " o 5 ~ K d aJ a> _ .1) 2 5 G !^ A- c 0; O; i g-c ; c 5 'Is 'a G COM -gaa S ci o o ■■c :: aS ID I« a ■■a o >. o o^ >3 >.^ a '^ -^ ■o .s§ a as S'2 §8 0) 03 — OJ n u " a; o-a o c o ,—1 +^ S & ^'" cK O a; 5^P 0) r- K "S ■»-% Q .« 0) f-l ■ C .'O S't^S Occco ^a; so -; be .fc; 3 c •^ §'3 1.2 a 24 . GAME COMMISSIONS AND WARDENS. Most of the States provide the commissioner or warden with an office in the State, capitol, equipped with suitable furniture, stationery, and other facilities, and Maine several 3'ears ago made an appropria- tion of §1,000 for preparing- in the office of the commission an exhibit of the native mammals and birds as a nucleus of a State museum. Several States allow their officers certain specified clerical or other assistants, as follows: Alabama, clerk; Colorado, clerk at $1,000 a year; Idaho, clerk at $1,000; Illinois, not more than 10 assistants; Montana, clerk at $1,200 per year; Vermont, clerk at $365 a 3-ear. Duties and jpmcers. — The duties of these officials vary slightly in each State, but on the whole they aim at the same result — the con- servation of game for the purpose of furnishing both recreation and a valuable food supply, and of nongame birds for economic and esthetic reasons. In all the States except Illinois and North Dakota the duties cover the protection of fish as well as game. Both duties and powers will be further considered in connection with administrative provisions with which they are closely interwoven. COUNTY WARDENS. Five southern and two western States — Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, and South Dakota — still adhere to the count}' warden system and rely exclusively on local officers for the enforcement of their game laws. In five of these States wardens are appointed only upon petition of a certain number of citizens of the county — in Florida from 75 freeholders; in Georgia from 50 free- holders; in Mississippi from 10 reputable citizens; in Nevada from 20 taxpayers; and in South Dakota (for big-game wardens) from 10 citizens. Ajypointinent.-^ln Florida and South Dakota appointments are made by the governor; in Georgia b}' the judge of the superior court; in Kentuck}^ by the county judge; in Louisiana by the police jur}^; and in Mississippi and Nevada by the county commissioners or supervisors. In Louisiana and Mississippi wardens have no jurisdiction over fish matters, and in South Dakota (which provides for the appointment of game wardens only in counties where big game exists) the enforcement of the laws for protection of small game is left to the fish wardens. Kentucky and Louisiana authorize the appointment of one or more county or parish wardens, while the other States restrict the number to one in each county. Kentucky, Louisiana, Nevada, and South Dakota place no limit on the term of service, but Mississippi fixes the term at four years and Florida at two 3^ears. In Florida, Kentucky, Nevada, and South Dakota the wardens are required to give bond. Georgia also provides for wardens to protect nongame birds exclu- Bull. 28, Biological Survey, U. S. Dept. of Agriculture. Plate IV. $1000 $?000 $3000 $4000 $5000 €010/7/^00 coA/A/Ecr/cc/r ^ /LI//V0/5 M/f/A/f M/CH/G/^A/ /l4/A/A/£S0r/J Af/SSO£//F/ A^O/VMN/! A/£W ^/IA^PS/^/ff£ A/£W J£ffS£y A/£IA/ M£X/CO A/£IA/ yOffK AJORr^ C/}/?Ol/A//l A/Off m 0/l/. 44r., June, 1000.1 86 GAME COMMISSIONS AND WARDENS. it is interesting to note the volume of work (which can be presented in figures) accomplished during the year 1897. There were 920 vio- lations « investigated, 597 prosecutions begun, and i83 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: Sec. 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, raV)bits or any of the wild animals, fowl or birds that are protected during any part of the year, without first having procured a license so to do, * * * 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. Alabama State game and fish protection fund . Use of fish and game commissioners . State game and fish protection fund. Arizona Half to informer, half to school fund. Officer making arrest and securing con- California State game preservation fund Nonresident fees and, when collect- ed by commissioner, resident fees to State game fund; resident fees collected by county clerk, half to State game fund, fourth to coun- ty, and fourth to clerk. fiarne nrotection fund viction. State game preservation fund. Colorado Third to State game fund, third to prose- CnTinpptiont cutor, third to county. Imposed by justice of the peace, to town; Delaware To Delaware Game Protective Asso- ciation. otherwise, to State. Less expenses to Delaware Game Protec- 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 enforce- ment of laws protecting fish. DISPOSITION OF LICENSE FEES AND FINES, 37 Special Disposition of Hunting License Fees and Fines — Continued. State. License fees. Fines. Florida .. .. County game. fund. If no warden in the county, to fine and forfeiture fund. Third to informer (half if he be a war- Georgia den), balance to fine and forfeiture fund." Half to game warden securing conviction. State fish and game fund. Idaho State fish and game fund State game fund Half to deputy warden or person filing complaint, half to State game fund. Indiana State fish and game fund County game fund T\ HTlSflS State game fund Kentucky General expense fund Le.ss expenses to warden prosecuting, or half to informer. State game fund. State game fund Maine do Do. Maryland Local laws; usually to county school fund. State Less expenses to warden prosecuting; otherwise half to informer, half to county school fund. Half to complainant, half to State; if com- Massachusetts Miohiffan State game fund plainautbe a deputy of the commission- ers, whole to the State. Minnesota do General revenue fund of the county. Mississippi County forest and game protective fund. County treasury for roads County forest and game protective lund, but informant entitled to half. Half of fine for trespa.ss paid to owner of land securing conviction. State game fund. Montana State ffame fund Nebraska State school fund. County school fund, but complaining witness entitled to an equivalent of half from general county treasury. School fund. NeAV Jersey New Alexico state game fund State game fund. Use of fish and game commissioners . Third for use of fish and game commission- ers, third to complainant, third to per- sons furnishing evidence. Half to deputy game warden pro.secut- New York State . ing; half to county school fund. For use of forest, fish, and game commis- North Ctirolinjx State game fund sioner; person, game society, or corpo- ration or officer furnishing evidence or instituting prosecution entitled to half. North Dakota Ohio 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 auditor of the county. Use of commissioners of fish and game . For use of commissioners of fish and Oklahoma game;& prosecuting attorney 20 percent where he conducts prosecution. Oregon State eame fund . ... Less expenses, half to informer or person Pennsylvania Rhode Island Half for use of board of game commis- sioners, half to county. State bringing action, except wardens, half to State. For use of board of game commissioners- when prosecutor is a jirotector or dep, uty; half to informer, half to board for violation of license law. Half to complainant, half to State. State game protection fund. Small game, half to warden or officer in- South Carolina South Dakota state game protection fund County game fund Tennessee Use of State game warden stituting prosecution or to informer; half to county game fund; big game, county game fund. Half to warden procuring conviction or Texas . ... State game protection fund making arrest, and half to State warden. State Utah do Countv; but informers in cases of viola- Vermont State game fund tionof law protecting big game and introduced birds entitled to half. State game fund. Virginia Pavnient of wardens' salaries State. Washington West Virginia Collected by State auditor, to State game fuiid; collected by county Slate County game fund. Deputy warden prosecuting.'" Wisciinsin Slate game fund Third to countv gaiue fund. Wvomine State General school fund. " This scheme of disposition of fines is void, as the constitution requires all fines to be paid into the fine and furfcilurc fund. '' ( '( immissioners may direct that fines collected upon prosecutions by deputy State wardens be paid to them. <■■ Suit is now pending in the supreme court of the State to determine the legality of this disposition of the tines. 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 count3^ 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 3'ear of its operation the sum of $16,050 was collected from the issuance of licenses alone. One of the most conspicuous examples of a self-sustaining depart- ment was that of Missouri, prior to recent legislation a))olishing 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 efi'ective 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 1)3^ the funds accruing from this source alone. The amount was $6,380, and it is to be remembered that as the ver3" unsatisfactory and inefficient system of county wardens without organization or central head is in etf'ect there, this amount is undoul)tedl3^ much less than it should and would have been if the law requiring noncitizens to procure licenses had been strictl3^ 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 j^aid 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. DISPOSITION OF FINES IN ILLINOIS AND CALIFORNIA. 39 36-37. lu Illinois the license fees and part of the fines constitute a fund in 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 Springfield, where large numbers of pheasants, quail, and partridges have been propagated. These birds will l)e 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 prgtecting, 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 California during the two years ending August 31, 1904, is interesting. It will be seen that the game fund from this source alone amounted to $6,749. Summary of Arrests made by Deputies of tlie California Fish Commission and Disposition of Cases for two years ending August 31, 1004fi ^ 0) tl-t nl3 10 17 3 15 71 15 •1 1 3 2 1 3fi 33 a 38 5 11 6 a3 12 2 1 5 5 3 1 325 Violations charged. Doves, " bag limit" Killing or possession of doves, " closed season ".. Ducks, "bag limit" Killing or possession of ducks, "closed season". Netted ducks (drowned) Quail, " bag limit" Killing or possession of quail, " closed season " . . OiYering quail for sale Trapping quail Quail in possession witliout permit Chinese ijuail in possession : Deer, "bag limit" Running deer with dogs Killing deer, " clf)sed .season" Possession of deer meat, "closed season " Killing female deer or fawn Possession of female deer hides Removing evidence of sex from deer hides Sale of deer hides Sale of deer meat Night shooting Tresi)ass Snipe, "bag limit" Plover, "closed season " Grouse. " closed season " Shooting meadow larks Possession ot piheasants Tree scjuirrel, "closed season " Totals n-" "d ^; OJ B M Impris- •r-. ■^ •rH Fines. onment ry H. (days). 6 < 5 3 $100 12 4 12 320 100 250 1 2 5 3 25 1 10 .^9 2 '" "5 12 25 278 1,676 25 10 3 2 240 25 4 1 3 2 1 23 100 25 125 50 25 710 10 3 30 .30 1 2 845 43 29 1 7 820 40 4 1 100 9 1 i 275 6 2 6 160 .50 1.50 6 2 1 3 25 25 75 25 1 1 4 1 100 3 1 4 45 .50 105 249 23 48 6,749 213 a Cases pending. In addition to license fees and fines, the mone\' arising from the sale of confiscated game is paid into the game protection fund in several States. The income from this source in Wisconsin in 1903 amounted «See Am. Field, vol. 66, p. 67, July 28, 1906. 6 Eighteenth Biennial Kept. Board Fish Comm., Calif., p. 11, 1904. 40 GAME COMMISSIONS AND WARDENS. to 12,433.47 and in 1904 to |1, 627.81. These amounts represent the value of only a small part of the game confiscated, as the sale of nearly all kinds of game is prohibited and such game must, under the law, be donated to some charitable institution of the State. Another source of revenue to the game protection fund is found in the provision of the Indiana law requiring the payment into the State treasury to the credit of the fish and game fund of $20 collected as costs from the defendant in ever}^ conviction where the commissioner or warden prosecutes. A similar provision is contained in the Con- necticut law, but the §20 taxed against defendants there is paid directly to the warden prosecuting, and constitutes his entire com- pensation. Several States make direct approi)riations from the general treasury for the maintenance of their game departments as an addition to the funds arising from licenses, fines, etc. Thus Minnesota, in the game act, fixes the annual appropriation at $35,000; and Vermont, in the act of 1904 as amended in 1906, appropriates annually the sum of $5,500 for the preservation of fish and game. The following table shows the sums appropriated in the several States for game protection in the two years 1905-6, together with certain incidental details. It will be noticed that in 9 States — Idaho, Illinois, Michigan, Missouri, Montana, North Carolina, North Dakota, Washington," and Wiscon- sin— the work was self-supporting. In several of these States no appropriations were made, or, as in Idaho, Missouri, and Washington, the money already in the game protection funds was appropriated or made available for the use of the department. « The general appropriation for salaries and expenses in Washington is almost exclusively for fishery work. STATE APPROPRIATIONS 1905-0. 41 Slate Appropriniions for Game Protection, 1905-6.(1^ 1 state. Game and flsh. 1 Term. From what fund. Purposes. 1 Arizona S698.25 for 1903-4 expenses of the commissioners. Restoration and preserva- tion of game. California #25 000 .inlv i. i<05-.liilv i.T.)07.- (Tcneral 1,400 22,200 16,000 do lyOoand 1906 Oct 1 19n5-Oct. 1. 1907. J do Colorado ' do ed by State printer. Salaries and e.xpenses. Do. do District (.'oliinibia . I Ohio 11,000 8,400 20,000 6,000 300 300 4,600 5, 000 21,600 5,000 2,600 Feb. 15, 1905-Feb.l5,1906 1905 and 1906 . . . General do Expenses of commission, exclusive of hatcheries and patrol boat. Salaries and expenses. Pennsylvania Junel, 1905-June 1, 1907. do Enforcement of game laws only. Establishment and stocking do do of game preserves. Pri'paration and publica- tion of the game laws. Expenses of commissioners Rhode I-^laiid 1905 do Utah 1905 and 1906 do of birds. Salaries and expenses of Vermont Fi.xed annual sum do {•ommis.sioncr and dep- uty commissioni'r. Salaries, hatcheries, etc. Washington West Virginia Wisconsin '' Apr. 1, 1905-.\pr. 1, 1907. . do Salaries and expenses i f do Oct. 1,1901-Oct. 1,1906 .. Game protection fund. General fish commissioner and deputies. Salary of chief game deputy and enforcement of game act. Salary and expenses of ganie warden. Wyoming 5, 600 Apr. 1, !W)5-Aiir, 1,1907.. General Salaries and expeirees of game department. "The appropriations for 1907-.S are necessarily omitted, as the laws were not available in time to obtain the figures for this report. b Game protection system supported by direct income from game laws. 4358— No. 28—07 4 42 GAME COMMISSIONS AND WARDENS. In a few States the oame protection fund, Avhich. as commonly understood, includes such moneys as are derived from enforcement f the oame laws, is limited in whole or in part ])y constitutional O.^ L^^ g provisions, A provision in the constitution of Nebraska requires the proceeds from all licenses and lines arising- under criminal laws to be paid into the school fund, thus effectually preventing- the moneys from bein<>- used for game protection. Similarly, in ^Missouri and Nevada, consti- tutional provisions require proceeds from tines to be paid into the school fund. In Florida tines for violation of the game laws are paid into the tine and forfeiture fund of the county, and are not available for payment of wardens, although the game law attempts to make them so. A somewhat similar provision in the constitution of West Virginia requires the clear proceeds of lines to be paid into the gen- eral fund of the State. So far it has been customary in this State to pav such tines to the game wardens, in compensation for their services, ancl the legality of such payment is now before the supreme court of the State. In this connection it may be noted that Wisconsin has a constitutional provision directing that the 'clear proceeds' of all tines be paid into the school fund, Init the supreme court of that State has held, in State v. De Lano (49 N. W., 8U8), that 'clear proceeds' means only the amount remaining after all lawful deductions in the case have been made, including a two-thirds for informers. During the present year a dispo«-;ition has been manifested in certain States to restrict the game protection fund or to legislate it out of existence. AVyoming has practically abolished its game protection fund and replaced it with an appropriation of ^4,4:50 for the mainte- nance of the department during the next two years. Such a change bv making the appropriation hard and fast, has the disadvantage of removino- from the department the incentive to increase its income by sale of licenses or better enforcement of the law. In this case it has materially reduced the amount available for game pi-otection, the amount collected from hunting licenses in 1905 having been about $12,000, whereas the sum available for 1907 will be but $2,22.5. Such action also renders the department more exposed to restrictions or adverse legislation. GAME LAW ADMINISTRATION. Thus far it has been the purpose to explain the nature of the machiner}' by which oanie hiws are enforced, and it is now desirable to show how this machinery is put into motion." ARREST. It is scarceh' necessary to say that no punishment can be inflicted for violation of the g-ame laws until some act constituting' an oflense is actually committed. In some States, however, such as Colorado ajid Minnesota, an attempt to violate the law subjects the oflender to the same penalties as an actual violation. It is an oflense in several States to possess game 'with, intent to export or sell it, and while no efl'ort may be made to execute the intent it is nevertheless a ^■iolation of law, because the possession with intent to export or sell is made a substantive offense. Upon violation of the game law, the first step is to secure the actual presence of the defendant in court to answer for his offense. This is accomplished by his arrest, but usually such arrest nnist have been pre- ceded by a complaint under oath or an afhdavit, setting forth a probable cause for believing the defendant guilty, A warrant is then issued to some competent and authorized executive officer — as a game warden, constable, or police officer — directing- him to arrest the accused and bring him before the judg-e, justice, or court issuing- the warrant, or, in a very few cases, before some other court having- jurisdiction. In every State and Territory where the w^arden S3'stem is in operation the power of arrest is conferred upon the wardens, and in most instances upon members of the boards of tish and game connnissioners. It is customary in some States to include in the game laws a provision authorizing game wardens and other officers to ari-est without war- rant, but unless this authority is contained in the game act or allowed by a general statute it can not ordinarily be lawfully exercised, since to authorize an otficcr to arrest without warrant for an\' offense less than a felon}' — and with very rare exceptions violations of the game laws are onl}^ misdemeanors — the offense must tend to a breach of the peace, and the officer imist find the person in the act of violation. Were not the power to arrest without warrant conferred upon the wardens many violators woidd escape. Offenders against game laws usually operate in remote and secluded places, often so far removed from any judicial officer that proper enforcement of such laws would be impossible were warrants for arrest recinircd. " New Jersey in 1897 enacted a special law to provide a uniform procedure for the enforcement of laws relating to fish, game, and birds (acts of 1897, ch. 44), but apparently it is the only State which has such a statute. 44 GAME COMMISSIONS AND WARDENS. The complaint or affidavit upon which a warrant of arrest is issued must contain a sufficient statement of facts to justify the reasonable suspicion that the person charged has violated the law. It should be in writing, and be signed by the person making it. Attention is espe- cially directed to the rule, which has very few exceptions, that an}^ person who is capable of understanding the solemnity and nature of an oath may, if indeed he is not in duty bound as a good citizen so to do, make the complaint on affidavit if he knows of a violation or has probable cause to suspect it. Hence, it is in the power of every citizen of a connnunity to aid in the enforcement of the game laws. Were it otherwise many crimes would go unpunished. Ordinarily the complaint or affidavit upon which the warrant of arrest is issued serves also as a complaint upon which the defendant is tried, and it is important to frame it so accurately in the first case that it will be sufficient in the latter. The following frame or skeleton of a complaint for hunting without a license is g'iven in the pamphlet of game laws published b}^ the State warden of Wisconsin for the guid- ance of deputy wardens and persons undertaking the enforcement of the game laws: State op Wisconsin, 1 ss. County ok }•" , beinjj; duly sworn, says that on the day of , in the year 190 — , at said county, (name of tVie acfuse o c 2 o 'S'H i ,3 a = ^ Oj — eft . ^ - — C C ft* 35 ,- ^ ' So ; -2 ~ -r- ^ -^ ^. ox^.- .i* A -^ s '^- S S<^X' „ - be - c •~"~ '' 5; c — -^ S S£ r 5 ""St: o ?: ? ^ " i . Put: o a< =: £:£^ rt = i: m C c C X . c ^ C M 2 — ^.1 X « 0,^ •<- ^ v: O o X w c y^ X •- X ^ oj p ;; £ g r© =■■ X ci'C s ^ ^ f- ^ ** r s St be X o bC; ci P. '^ X ^ ■'■B- ■S ii P be ~ o o bt^ be ; ■;5 s ^-s X C ^ ft_l' ^ ■"ft . - =J o 5 X fl !- ii bfl be o be 'C ■■'■ 0)'" ft .5 So "5 "£ bej:: S 5 P C-" C or. -r be Hf - — +j X .^ c^ X X .X u fe> ft ft£ c be ? X o be s*. vz i^ X ^5o ft O W X 03 X O 5 it^'c 5 c ? o o'9'S.'S o 5 = .a 5 0) s-' O K ES ss o ^ C-.' ^ s. ^ 0) D — c ^ o tts-c = = ^ t-l — a. >. o 'C r^ 0- jg & -6 c '/ - s Cj r—* V o *" , i/ .. b/ o '*> ■^ — ^ <■■> ■*-' -Jj a> ? > z p.— i/. 9; Ji !i I •■^ c 5 v. ■" ■St; = M /■ — r i !- tic :2 oi X CO CO &^ o _ — - t^ '^ '■'• ^ — - .- — ^ 7' ^ bf >, - O .^ ,— .^ -X "!— ** c.'' 5 S7I -f5f X « :; c "7 S O'^'^ — o c: v; ^ Cii S X S 8-5 8 2^ y. . tt^t^- ». ■/ O t^ r- p u T/-4- 4-. X '*- OJ -* T. " — -, txT ■t — ■- t- « "x 3 X M X tc 1 i = X > be =1- - - 3 '5 ~ ;:: .-. x. ^ C3 ;—>.-) i 'z: w aj X =i m-t; c X ii X - c t- — t- c — • J- til 5 1-2 5^ = 3 /?; o •£— -'-^.^^T = ' -r - ~ — — Ut •^ o^-r = n E - /''f "t ii X ' X 1> ^ i.i^o':=^i — ." ^ •- cr •^ ^ •7_2-r J - :; ib If^^xi'l S-c-- t; X O f' s o 5? o :: s cs 6 3 3" B si u .2 'S I tX) 48 GAME COMMISSIONS AND WARDENS. o O g S S f 61 o- -*-* ^h bd "SI 33 OJ !3 o 5g c-c -C w ^ SI, 2^ — 33 *^ ^ = c J3 , — ""' St!:, S-o iS c ^ cc > c^ > -O .C CO •"a -ft S 6 03 so o • FH ^ 03 in c -4-> a. C3 s a •a hr 2 o '•H o iS o 2c tc -o TT 3j f:1 &. =3 X c -1- a!5 .2 *^ J:^ S X ? « ^' t, c ? - ; "Iff I i'l .5i cS --r. E 1 3"c — r * ,w 0/ q; ^ ^"^ i C o > CJ3 C fc. t > -* X -* +J D* A U 0) CO oj -; 3 X c o ' o c/T o o U >l ^ - ^ ^ ? at P bt > p^ c ij: o — > ^ ~ s CJ 'c; ; 1 = X '" ;:: ;- ^ d '^j ^j x" > 5j X c = > is S a; '^ Q 0) S o o (- J5 ^5f •C SI'S, •^ oi St' fcTSec -Zi c -I '^"^ 2 3 a-— ■SSo X C' ^ cj as X X q; 00 I- <« ^ o SZ 3 O Si O V S. a •«-* 9, !>0 0! S u oi O tc C 2 • "x *• S5 ■= O = ? ■^ X X > fl, £ = c .J: S t, 9^ o S S r- ^ ^ 1- c; c - a; -■ S£ ^ 0, Ph Ph a 03 be O be. OS-. !C3 X - fe > 6 a; X 5 be e 1) ■«-» be c : 03 E to " 60 be . s ^ , X ^ X S ..r •^ X X ^ X ' -C ic O iJC. 0)-' Oh X i 5.2 M X o ■ X . §.5 5 2 o 5 2^ to? >-5/;: tot: to5 S.-E = 5 to. t^ ^ to c >.*^ " "I t4 G t- J C 53 O i^ ^ &■« X.2 X 5 o g P- gj C^'X PL, Ph t^." c . d X c 55 X S'SiE .^^ K ^ CO P-i -3 -C x't:; ?> C3'^ X ♦- r- - ^ ^ "^ ^- X X X -^ ^ =c c £ L. ■«' ^ B S" 3 _ E g £ S to w X ^ 2 o s 03 x' C 1' o a C 03 s to X£ = ■C i =-.^ in r- X' ss c ~ p ?, £.£ a. X *- X o ^ +J *J ^ ■" v~ ^ - - iJ~ 1' 53 5 3o c c S 2 O - ■ c o o Ch Dig "C O c ::; oiC o si ^- X ^ "3 5 s a a *E = 0) to .= ./ nil Up •I— > CO c Si "A Si X S 03 ^5 o o M c3 O o o 93 POWER TO ACT WITHOUT • WARRANT. 49 o ^ p. s T) ■♦-• o >> t- ^ s o ^ T1 a 0) ;-^ -*-»" n s hr i o o OJ o S3 a) hD 'O ^ 3 ^ o c n) T X' n oj »- « o a oi O n > rr %-i si) o •a - s (-» as :n a B a u biO. ■-.f X c o -M'O CO — 1) O ^ J: a btO t; - ^^ OJ C ^ ^' s c a o c •S-2 ^ 1; . tj 0) ci «S^— Xg.= O O ^ OJ t-i (D GTj a* o > ^ > ,Q CO K O fe 1> -C C bo; ^ ? ^ 03 a. 5 i'^ -.!U & O -S ■" "C' ^ 'I'' O' . ho o bjo C *■«-» f— ( O c o tc C5 So i 71 J ~^. B 0 f2 o — B '-' rj h pi. ;^ 0 M c3 O rf 0) '^ t-i P O ^ "bf. OJ 3 0 — , r— ' i_i ci C ^ ^ B B 0 o cd r/; g OS « r. 1> •1; 0 o — ^ 1' -* o ■*- ^ ^ .iiJ o i< 0 rt - n 0) ^ . fl c ZJ a X ^ > ■—' 7- P ', :t i-. > taoa^-:; 3 r-; B . £3 a^ B 0;^ Oj "a '^ ^a ^ •c ii -c e '^ 2 " B J3 ■'^ S.2 f" o a 3 o u_ X' -^ — X O 3; 6jO X 5; . a. ft. Br; D , r-.S 03 ,,:;_ bo ' E B bo bug bjo '- £ B a, si 3 OS c bfi x'bo ^^ B O " bS . o'3 X be jr 0) a ti o "* bo rt = 0) O "" B * s, B '^ O u X r" 1) -^ ft. ■3 a o-r; 0)" bx) a B w B " S S ■- -it JZ ~ O bo -3 B O . !K P X' oS M B S E t^ ^ O OJ O O) X u ,^ fc, '^ •— ' aj ^^ 0/ ft, a. B 5; ,B CJ >-. S ■^ bo I! X -»^ bo Oj « 0)^ ft. ,e ^ 01 ^ T! n oj ■c ;S oj 0 ^ 0 E H 0 X 0) a; CO '-I 0 B OJ « 0, a C5 ■o G B 23 53 W yj O *3 '£ •Ji T? 0 cj '2 tu ^ M a —< •«^ ■0 OJ 1* S3 ^ 1) .~. rr. "O m 0 0 yj C2 ^ «2 C oJ 0 fl CI. £ *J bo x' 0 .bfS h ^ -5 ?n o o X ^ O a) -o Oj'x S OJ a; fc. B ij aj-r Z K 3 bb o"; be ^ S 5 5 ax o3 ► OJ '-B " Sri. t, ■^ ^ ,0) •B ■^j't; 'r o B 0; O O X B =; X 0; *- ^ '-3 X o ■'■" u B 03 bo ■" ^ S- X 3 X ^ ^ 0-3 bo— 1^ O 3 -■ rr- - 33 "T x' X' Xv O iE';lS '^r-- 'C ^ O 3 .^ s a)*- ^ > > x'3 £ O CO >,i c3 > pa-5 B„ 4J S ajiS a^x- a -■ iB bo.gS O .IJ •!; a X "x B o bo a> « M c Q o a; a a aj H Si 03 O -i bo b£ E 'bo n o bo B a c 50 GAME COMMISSIONS AND WARDENS. POWER TO REQUIRE AID. The game warden unaided may ])e ph3^sicall3^ powerless to execute the process in his hands or to check viohitions of the law committed in his presence. To provide for such continuencies 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 num])er of persons to quell any unusual and ungovernable violation of law. It is a violation of tlie act for any person, when summoned, to fail to respond without good cause. Nevertheless, the conmiissioner of that State, in his report for 1901 and 1902, questions the value of this power and gives the result of liis 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 tliat the Indians were hunt- ing in the vicinity of White Kiver in Rio Blanco County I went there and suc- ceeded in arresting seven Indians whohad in their i)ossession a wagon load of ' jerked ' venison, one hundred and f(jrty-odd deer hides, and some fawn and doe heads and hides. The Indians, with their Ixioty, were conveyed forthwith to Meeker, in Kio Blanco County, and brought before a justice of the peace. A jury was called and evidence presented which would convict in any otlier court in tlie 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 tluit they will continue,- and that, as heretofore, no successful measures will be taken to prevent them entirely, they are not incline. 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 witii what result 1 do not know. Later my horse was shot from under me, and I was compelled to seek shelter in tlie brush. The loss of blood from the wound began to tell upon my strength by this time, and I was forced to lie down. At daylight I made my way back to Rangely, and, after attending t(j my 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 i)ast few years satisfies me that the commissioner is not abl' to cope with these Indian depredations with the force at his command. While the law intends that in such cases i':v commissiimer may EXTBADITION. 51 demand the aid of the sheriff of the county, and may call to his as^sistance 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 tlie way of an availaVjle appropriation as to enable the commissioner, with the consent of the governor, to place a force of at least twenty wardens in tliat locality when necessary " (p. 10). ARREST OK TRESPASSERS BY LAXDOW.VER. By an act passed in Connecticut in 1903 (chap. 199), antiiority is given the owner, occupant, or person in charge of land, or such per- sons as h<^ ma}' 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- with before some proper authority, who shall, upon complaint of the proper prosecuting officer, proceed to try such person. The posses- sion b}' a trespasser of gun, dog, ferret, or tish rod is made prima facie evidence of his intention to hunt or iishonthe land. The person arresting such trespasser is entitled to the fees usually allowed consta- bles for similar service. 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 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 of 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 dewiand any person, as a fugi- tive from justice, of the executive authority of another State to which such person shall have lied, and shall, moreover, produce the copy of an indictment found, or an affidavit made before a magistrate of the demanding State, charging tlie person so demanded with having committed treason, felony, or other crime, certified as authen- tic Ijy the governor or chief magistrate of the demanding State, it shall be the duty of the executive authority of the State on which the demand is made to cause him or her to be arrested and secured, and Jo give] notice of the arrest to the executive authority making such demand, or to the agent of such authority ai>pi linti'd to receive the fugi- tive, and to cause the fugitive to be delivered to such agent wlicn he shall appear. But if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. (Clark's Criminal Procedure, ]i. 62. ) See also Rev. Stats., U. S., sec. 5278. Cases of extradition under the game laws nrv, comparatively rare, possibly because the viohitions of such laws are usually mere)}' misde- meanors, and l)ecause, 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 Yoric "See also an account by I). C. Beaman of a previous raid in IJoutt (\)Uiity in Octo- ber, 1897, entitled 'The Colorailo ( iamc Wardens and the I'te Indians,' in Forest and Stream, L, p. 27, January 8, 18!»8. 52 GAME COMMISSIONS AND WARDENS. who hunted in Penns} Ivania and residents of Pennsylvania who hunted in West Virginia, in 1904 a sportsman from Homestead, Pa., who had been indicted for hunting s(|uirrels out of season in West Virginia, was arrested and taken under extradition papers to ISlorgantown, W. Va., where he was lined $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 (rufled grouse) and one quail, which they had killed out of season. In 8epteml)er, 1905, they visited the county again, hut left upon learning that in(|uiries had been made regarding their actions. A recjuisition was obtained from the governor of AA'est 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 tines 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 live yellowhammers and crippling one, and for having the birds in possession. A requisition was obtained and Malloy was arrested and l)rought to West V irginia. Doctor Dow- ney was ill and could not go, but Malloy plead guilty for l)o[h and paid $15 tine and $15 costs in each of two cases against each defendant, making a total of $120.'' Malloy was also charged with purchasing and having in possession a fawn with spotted coat, and in this case paid a minimum tine of $5 and in addition costs amounting to $6.50. Recently the Indiana authorities made requisition on the governor of Kentucky for ten citizens of that State, who had been hunting in Indiana without license and who were linally brought to trial in Indiana and convicted. Montana makes specilic provision for extradition in case of violation of game laws. A section in the game law of 1897 (H. B. 123, sec. 23, p. 254) provides that whenever in a trial of any felony under the game laws of that State it appears that the crime was committed in another State, or that the game was killed in violation of the laws of another State, it shall be the duty of the court to hold the defendant for such time as shall be required to allow the authorities of such State to take the necessary steps to secure the extradition of the defendant, and it is further made the duty of the prosecuting attorney to notify inuue- diately the proper otiicers of the State and county where the offense was committed. a Bulletin 19, Biological Survey, U. S. Department of Agriculture, p. 44, 1904. i-See Am. Field, LXIV, p. 311, Oct. 7, 1905; Sportman's Review, XXVIII, p. 428, Oct. 14, 1905. '■See Am. Field, LXIV, p. 335, Oct. 14, 1905. SEARCH. 53 In th'iti connection mention nitiy l)o made of a Wisconsin provision authorizing- action which is very similar to tiic operations in case of extradition. By this provision wardens of other States are declared agents of their States in Wisconsin and empowered to follow into Wisconsin, seize, and carr\' back any game uidawfully shipped from or taken in their States, and transportation companies are authorized to deliver to such officers any game demanded. Wardens are further empowered to dispose of game so seized in ^^'isconsin in accordance with the laws of their respective States, but such disposition is to be made under the supervision of an officer of Wisconsin, and the expenses are made a lien on the proceeds. A further provision designates ward- ens of other States as agents of Wisconsin for the purpose of seizing, holding, and disposing of game protected by the laws of Wisconsin. SKARCH. (SEAKCn WITH WARRANT. The right to search certain places under warrant, and in some States persons, has been quite generalh' conferred upon game wardens. With- out the specific grant of this power ])y law it is questionable whether it can be exercised. To authorize the issuance of a search warrant there must be a complaint, under oath, charging a violation of the game law, and such complaint should designate the place where the game is concealed or stored. In several States the magistrate is authorized to issue a search warrant upon affidavit of probable cause for suspecting the concealment of game in certain places contrary to law. The search provision of the Minnesota statute may be quoted as an example of the drastic means adopted by most of the Western States to enforce their game laws: Any court having jurisdiction may upon complaint showing probable cause for 1)elieving that any bird, animal, fish or any part thereof caught, taken, killed or had in possession or under control by any person, or shipped or transported contrary to tlie provisions of this chapter, is concealed or illegally kept iu any building, car or receptacle, shall issue a search warrant and cause a search to be made in any such place for any such Ijirds, animals, fish or any part thereof, and may cause any l)uild- ing, inclosure or car to be entered, and any apartment, chest, box, locker, crate, basket, package, or any other receptacle whatever to be broken, opened and the contents thereof examined. (Laws of 1905, clu 344, sec. 12.) The older States are more conservative and reluctantly grant the right to search, even with a warrant. Thus ^Massachusetts did not confer the right to search, under the game laws, till V.H)4:, and t'hen only under warrant. In Mississippi and in most other States a i)rivate residence can not be searched, and in Maine it can only be searched in the day- time. The power to search persons stands on a slightly different footing.- In Michigan, Montana, Oregon, and West Virginia, persons suspected of violatinu' the uame laws can be searched under certain conditions. 54 GAME COMMISSIONS AND WAKDENS. The Illinois law does not vest the wardens with power to search, hut provides that when they believe any person or corporation has any game in his or its possession, contrary to law, it shall be their duty to go before any justice of the peace in the count}^ and make affidavit to that fact. Whereupon the justice shall issue a search warrant directed to any constable of the county connnanding him to search at once for said game and, upon finding it, to seize and hold it until further order of the justice. A form of warrant is contained in the law, as follows: State of Illinois, i COCNTY, J To any conslahle of xai'l roiinti/, r/reeting: You are hereby commaiuled to search (here describe i^lace), seize, and take pos- session of and hold any game, deer, wild fowl, or bird found there. And you (here name owner or corporation in whose i)ossession game is found) are hereby notified to appear before me at my ofhce in (here locate office) on (here state time of trial) and show cau^^e why the game, deer, wild fowl, or birds sliould not be sold and the proceeds thereof distributed as required by law. * (Signature of justice.) Justice of (lie Peace. (Date of warrant.) In Maryland also the w^arrant is directed to a constable on affidavit of a warden. The right to search for game illegally held is perhaps one of the most important functions of a warden and is neces.sary for efficient protection, for in no other way can illicit traffic in game be eradi- cated. This authority has led to the di.scovery of large numbers of birds and quantities of game in some of the cities of the United States and the suppression of a traffic only suspected before. It has been only by means of this process that illegal interstate commerce in game has been stopped. So hard have the market hunters in the Mississippi Valley ))een pushed that in order to get their illegal ship- ments to the city markets they have packed the game in butter tubs or egg cases, labeling the shipment 'butter' or 'eggs.' Other devices also for evading the game laws have been adopted. But the climax was reached when certain shippers packed their game in a coffin box and shipped it as a corpse, accompanied by a false health certihcate. Some- what more troublesome, if not so gruesome, was the resort to bales of hay, the game being placed in the center of a car with the bales of hay piled about it. SE.^RCH WITHOIT WARRANT. Seventeen States and the District of Columbia specifically provide that wardens or other officers may search certain designated places without a warrant. (See PI. V.) While the statutes vary widely in language, the substance is the same, and the officers are clothed with power to accomplish the same results. It is interesting to note that most of the States granting this power are Western or Central; of the Southern Bull. 28, Biological Survey, U. S. Dept. of Agriculture. Plate V. SEIZURE. 55 States only Louisiana is included and of the Eastern onlv Maine, Con- necticut, New Jerse}', New York, and Pennsylvania. Arkansas has a provision permitting- common carriers to open and examine an}" 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, a.- follows: That 8nch express company, or other common carrier, or its agents, servants or employes shall have the privilege of examining any susjiected package for the pur- pose of determining whether such package contains any of the articles mentioned herein [all game]. (Hrmse 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 c-harge of any package, box, coat, clothing, or other receptacle to permit a warden or otficer 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, tish, and game are required, under penalty of $10-|50, to permit an inspection of their places of business hy a warden. Minnesota. — Any person in possession or control or in charge of any hotel, restaur- ant, storige 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 j)unishable by a tine of $50-|100 or imprisonment for 30-90 days. West Y'lnjuiia. — 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 i)ayment shall l)e inij)risoned 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, i)i-ima facie evidence of violation of law. The Michioan provision is as follows: And any liimlrance or interference, or attempt at hindrance or interference, with sncli scarcii and examination shall be prima facie evidence of a violation of the law by tlie party or paities who liinder 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. SEIZrUK OI' OAME. Complementary to the right of search and only another step in that process is the right to seize game or tiie implements with which it has been uidawfuUy taken. Before the warden undertakes to exercise 56 GAME COMMISSIONS AND WARDENS. power of seizure he should be certain that he has the statutoiy right to do so. Such right, however, has })een bestowed upon otticers b}' the D-anie laws of nearlv all the States. Usually oamc alone may be seized, but a few of the States provide for seizure of guns, ammuni- tion, and an}" contrivance with which game has been illegally killed or taken. In the table on pages 40-19 will be found a list of the States permitting seizure without warrant. (See also PI. VI.) This power is exercised also in a few States not mentioned, and is doubtless justified under the language and context of the game acts of those States. The objects of seizure ma\' 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 authorit}' some very large seizures have been made; thus in the prose- cution of Robert Poole and William Kerr in ^Minnesota (State v. Poole, lot) N. W., 647) 2,498 ducks were seized. DISPOSITION Ol' SKIZEI) OAME. Twent^^-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 it is sold. (See PI. \'I1.) 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 Sfame fund and one-half to county. IHniois. — Sold. After paymentof costs, one-half proceeds to warden making complaint and one-half to State game fund. lovxi. — Sold. Proceeds, less expenses, paid to county school fund. LoaUiaiia. — Confiscated. Apparentl}" disposed of as court may direct. Maine. — Sold. Proceeds, less expenses of sale, paid into State game fund. MiirylaiiiJ. — Sold. After payment of costs, one-half to warden and one-half to count}' school fund. Michigan. — Disposed of as court may direct. Minne>iota. — Sold. Proceeds paid to State game protection fund. Mi>^xouri. — Donated to some charitable institution. MisHisHippi. — Confiscated. Apparently disposed of as couit may direct. Montana. — Sold. Proceeds paid to State fish and game fund. Nehrasla. — Donated to some charitable institution. New IJanqj^hli-e. — Sold. Proceeds paid to game detective fund. Netv Jersey. — Disposed of as court may direct. North Carolina. — Sold. Proceeds paid to bird and game fund. Nortii Dah>ta.—)^(y\di. Two-thirds of the proceeds paid to Avarden making seizure and sale and one-third to district game warden. Bull. 28, Biological Survey, U. S. Dept. of Agriculture. Plate VI. DISPOSITION OP SEIZED GAME. 57 Ohio. — 'Escheats to State.' A pparentl}^ 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 lio.spital; nongame birds, after use as evidence, destroyed. South Carolina.— Sold. Proceeds paid to State game fund. South Dal'ida. — Sold. Procieeds paid to county g-ame fund. Tennessee.- — Contiscated. Texas. — Disposed of as court may direct. Utah. — Sold. Proceeds paid to county treasury. Yerhiont. — LTsed as evidence. Apparently disposed of as court may direct. Virginia. — Disposed of as court mav 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 wholl}' or in part for game protection. In Michigan, New Jersey, Oklahoma, Oregon, Texas, Virginia, and West Virginia, and apparentl}^ in Louisiana, Mississippi, Ohio, and Vermont, contiscated game is disposed of as the court may direct, while in Missouri, Nebraska, and Penns3dvania, 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 ])oard of game and tish commissioners the legislature of that year directed that all contiscated game should be sold and the proceeds paid into the game protection fund. The laws of Illinois, ^laryland, 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 that thereafter he nui}' 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 confiscated birds and con- vey a legal title to the purchaser, who undei- ordinar}^ circumstances would be debarred by law from lawful possession of su<-li birds, was questioned in the case of Meul r. People (111.), reported in 64 N. E., 1106, and there sustained. 58 GAME COMMISSIONS AND WAEDENS. \ 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- si])le to secure ordinary means of conversance, 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 fif^h, while lieiug transported, in seized under this act the offieer making sucli 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 keei>ing 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 liatiility shall attach to such otticer by reason thereof; but this section shall not ajiply to any animal or vehicle while being used as a public conveyance for pas- sengers or mails, or to any railroad car. (Laws of bS95), chap. 9S, sec. 12.) The Nebraska provision is practically identical. SElZntK OK IM.EUAL AriM.I ANTES. A number- of States denounce certain methods and means of hunting game, and, as a rule, provide that the use of proscribed appliances shall forfeit them to the State and that they shall l)e destroyed. To facili- tate and legalize such destruction these articles are usually declared to be public nuisances and Tuible to summary abatement when found in use for capture of game or tish. The Supreme Court of the United States has upheld a provision in the New York law authorizing the summary destruction of fish nets illeoallv used. In Lawton r. Steele, this court declared: '' Where the property is of tritling 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. S., 133.) In Minnesota guns used in violation of law are frequently seized and, until a fcAV years ago, were sometimes confiscated. The report of the board of fish and game conmiissioners shows a seizure of more than ()() 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 imder 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 ]\Iaine 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 he sold and the proceeds placed in the State treasury to the credit of a fund to be used by the Bull. 28, Biological Survey, U. S- Dept, of Agriculture. Plate VII. SEIZURE OF ILLEGAL APPLIANCES. 59 comiiii.ssioners for the purposes of game protection. Wisconsin declares the followino- public nuisances: Nets spread upon or under an}' waters of the State which might ensnare wild fowl; any trap, snare, spring- gun, set gun, or device which might enti-ap 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 Hrearm not hal)it- 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 same 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 from cover- And the statute also provides that — The unhiwlul use of any of the articles mentione modes is ai)i)ropi-iate in any particular ease depends upon statutory regulation and the character of the offense, and holh of these differ wich'ly in the several States. Indictment lies for offenses of the graver sort, those punishable with ini])risoiunent in (32 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 iurisdietion and in the Federal courts. At common law an information was allowed only 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 coniined 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 line 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. STATUTES OF LIMITATION. xVt connnon 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 AVyoming, 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), Khode Island (certain offenses), and South Dakota (offenses concerning small game). A comparison of such limitations shows the average time to l)e one year. California, Colorado, ^Montana, and Wyoming make violation of certain provisions of their game laws, felonies, and in the first three States tliis has an important bearing upon the limitation of the prosecution. Felonies in California and Colorado may be prosecuted within three years, and in ]\Iontana within five, whereas in California and ]Montana mere misdemeanors are barred after 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 STATUTES OF LIMITATION. 63 follows: Californiji, killing elk; Colorado, killing l)nrt'alo; Montana, shooting* or killing moose, caribou, or ))ati'alo at any time or deer, antelope, elk, goat, or .sheep in close season, exceeding the bag limit on these animals, and hunting without license lyy nonresidents; Wyom- ing, killing or catching butialo, or removing them from the State, and killing, capturing, or destro^dng big game solely for their heads, antlers, horns, or tusks. It frequently happens that persons who violate the criminal laws leave the State immediately or before the expiration of the time within which the prosecution must ordinarily be conunenced. If no excep- tion to the running of the statute were made to meet such cases offenders niiuht return to the State in securitv 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 limitation. 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: Timetvithin irliicli ('i-iiniri((I J'ro.^eriiflnns and Chil Actions for Yiohitloii of (Utnie Lavs must he commenced. state. Alabama. Criminal jimsecntidii. Civil action. 1 year in the eireuit, eounty, or city courts. CO days before justice of t';c jicacL-. .. Alaska 3 years " '. Arizona '1 years Arkiiusas 1 year 3 years (felony) 1 year (misdemeanor) 3 years ( felony) fi years for possession or value of game. 1^ years (mi.sdemeanor) 1 year 2 years 3 years rt 2 years 2 years California Colorud ("onnecticnt Delaware District of ('(iluiiil)ia Florida • u'orKia Idaho I 1 year ... Illinois ' 6 months Indiana iTKlian Territory. Iowa 2 years 3 years « 3 years 1 year before ju>uce of tlie (teace "(fine not exceeding Sh)() or im- prisonment 30 days). 2 years 1 year 1 "year Kansas Kentucky I.o\iisiana Maine ti years Mary laiKl 1 year Massachusetts (i years Michigan G years \ 1 year for violations of sees, .')SlM-.'iK09 I Comp. Laws of IS'JT.'' Minnesota 2 years : years, action of debt for recovery of penalty under licen.se section. 2 years. " I'ndcr Federal statutes. '' l'rnhil)iting possession or capture for export of lisli or game, and sale of iiuail, partridge or wooQ- COek, ()4 GAME COMMISSIONS AND VVARDKNS. I'inir irilhiii irhlcJi ('riiiiiiiiil I'roxcciitioii.'^ (Oul Ciril Acl kjiis far ViuUdUni. of (iainc l.(nn< iiiiisl he coiinnenced — Continued. n.iii'. Criiriiiuil iirosecution. Mississi])iii MiMsoiiri . . Moiitiiiiii — Neljrnskii Ncviidii New lliiiiiiishin Nt'W Jersey . New Mexico New York . . Civil action. 2 yen IS 1 yeiir T) years ( felony) "2 years. I year (inisrtemcanor) II years 1 year, net ion for recovery of penalty iinposed upon eonimoii carriers 1 year (line not exceedintilKHior iiii prisonnicnt 3 inoiillis). 1 year li years 1 "year (line not cxeeedinK |10() or imprisonment (> montlis). •_' vears •2 years 2 vears I Norlli CiiroliiiM 2 years Norlli Dakota 2 yi'ars Ohio :'. years ( )k lalioma :i years (iretjon 2 years I'cnnsvlvania 1 year Ivliodi' Isliuid I 2 years ( line to tlie State) 1 year (line or any part to prosec-n- 'ton. '.)() days, for violiil ions, as to birds. . . Sonlli Dakota 1 year small Kame ;{ years, bi^ >,'ame 'lennessee 1 year Texas 2 years I' tall :'. years ; 2 years, before a justice of the iieaee . Vermont 3 years Virginia 1 year WasliinKton 1 year West Vii'Kinia 1 year Wisconsin I! yt'ars illeKally IransportinK K'lnie. 2 years. 1 year where whole or part of jii'nalty is alloweil jierson iirosecntinf; lor same. 2 vears, liv tlieStati'. ., 2 years. S K r A I ! A T K < ) KFENSES. 'I'lic i)rfi<'tif(> of niiiUino- u violjition of law, as to oach individual aiiiiiial or Mid or cadi unlawful actor oiiii.ssion, a sci)aratc oH'cilsc, and piinislial)lc, as, such, is so u(>ncral at the present da}' that scarcely a Stale fails to include it in some part of its g-amo law. The provision has much to commend it, especially where the policy of the State is to inllict small tines or short terms of imprisonment, rndcrthe laws of North and South Carolina each day that a nonresident hunts with- t)ul a license is declare(l a separate ollense. The New York scheme of penalizino- the offense and addinu" a ])enalty for each l»ird or ([uadruped eonstitutino- the su])jectof the violation is the sjune in effect and so is the scheme adopted by several States of alli.xino- a stated line for each bird or animal in respect to which the ollense was committed, however the procedure in the three cases may dill'er as to the number of comi)laints or indictments. In the first case as many ])rosecutions may be instituted as there are individual birds or aniiiials invohed in the violation, and this litis reference rather to pro- cedure, while ill (he last two cases only one indictment or action lies, SPECIAL EVIDENCE. (>5 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 ma}^ safely be asserted that there is no longer any doubt that the provisions arc 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 o-ame law of that State. He was indicted, tried, and convicted under that section of the game law which declared that any person having in his possession wnth intent to sell any wild duck should be punished by a tine of not less than |I0 or more than |25, or by imi)risonment for not less than 10 or more than 30 days, for each and every duck so possessed. The court imposed a line of |20,000 upon Poole, with the alter•nati^•e that he be imprisoned until the line w^as paid, 1 )ut 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 Avas unconstitutional, because it was in violation of that part of the State constitution which pro- hil)ited the infliction of excessive tines or cruel and unusual punish- ments. The defendant's contention w^as overruled and the sentence of the hnver court atflrmed. In disposing of the case" Chief Justice Start, who wrote the opinion, remarks: If the- i)eiuilty 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 unhiwful jiossession 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 l)ut l)y reason of the magnitude of the offense. * * * The fault is theirs, not that of the statute. In a few States, where each bird or animal is made the subject of a separate oflense, in oi-der to obviate the necessity of filing a separate indictment or complaint for each one, it is provided that two or more oflenses mav l)c charged in the same complaint, information, or indict- ment; and it is further provided in Alabama, Coloi'ado, and Nebraska that violations as to any number of anin)als or t)irds of the same kind mav be charged in the same count and punished as a separate oflfense as to each animal or bird. SPECIAL EVIDENCE. The defendant having ))een arraigned— that is, required to state whether or 'not he is guilty of the charges alleged in the affidavit, complaint, information, or indictment, as the case may be— and answer- ino- not ouiltv, it devolves ui)on the prosecution to prove the charges by aState V. Toole, 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 frequenth' 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 VM)Q, iSo. 53, sec. 1.) The nuiuerous and diverse acts and conditions which have been declared prima facie evidence of violation of the game laws are shown in the following table: Whal cuitdituk's Prima Facie Evidence of Violation of the Game Latr.s. state. Alabama . . . Arizona California.. Colorarto . . . Facts. Possession of artificial light while hunt- ing. P()>sc.ssion or game which does not show evidence of having heen taken other- wise than by net. snare, trap, or pound. Pos.session of game which does not sliow evidence of having been taken other- wise than by net. iiound. cage, trap, set line, wire, or poisonous substance. PossessidU of game unaccompanied by proper and valid license, certificate, pernut, or invoice. Mention of game on menu of liotel, res- taurant, cafe, or Iwarding house. Possession of game in the field Prima facie (or f>re.sumptive*) evidence that— Connecticut Delaware Georgia Pamphlet of game laws aird regulations, pul3lished by the State game and tish commissi(mer. Pos.sessiiin of (luail, jiartr-idge, and wood- cock in close .'easou. Reception by per.-^on or common carrier of i|uail, grouse, or partridge, and woodcock for shipment in unmarked package or addressed to a point out of the State. Possession by trespasser of gun, dog, fer- ret, or fish rod. Posses.sion of wild fowl by person who has, at the same time, a swivel or punt gun. or is on the water at night with artificial light. Pos.session of game or eggs of protected birds when arrest made for violation of law. * Presumptive evidence. Posses.sor used it in hunting deer. Pos-sessor so took it. Posses.sor so took it. It was ludawfully taken and is unlawfully held. The profirietor has it in pos.session. Pos>essor is or has l)een engaged within a year in hunting it. That siicli laws, ndes, and regida- tions are in force in the State. They were illegally taken by pos.sessor. They were killed in the State for purpo.se of export. Possessor intends to hunt or fish on the land. They were killed by such person with .such illegal devices, and of unlawful hunting. Law has been violated. PEIMA FACIE EVIDENCE. 67 TI7(((/ constitutes Prima Facie Evidence of Violation of the Game Lavs — Continued. btatt'. Fiifts. Prima facie (or presumptive*) evidence that — Illinois 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 tran.sit through the State from without during close season. Iowa Possession of game during close season, except first 5 days thereof. Kansas Possession of game or uongame 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. Maine Possession 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 lands or in woods. Transportation of moose and deer con- trary to law. Maryland^ Proof that perstin 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. Pos.ses.sion, sale, or disposition of big or swivel gun. Massachusetts Po.sse.ssion of quail during season when killing and sale are prohibited, except , under stora' e permit. Possession of prairie chicken and sharp- tailed grouse. Possession of wood duck Constructin.g or setting a trap, snare, or net adapted to taking or killing game birds, hares, or rabbits upon premises frequented by them. Po.sse.ssion of a ferret in place where rab- bits or hares and game birds might be taken or killed. Possession of deer killed in Massachusetts . Minnesota Law has been violated. Same was snared, trapped, netted. or killed contrarv to law. *Law has been violated. Law has been violated. Possessor is liunting ducks con- trarv to law. Posse.ssor is hunting contrary to law. They were killed contrary to law. Such jierson is guilty. Gun is po.ssessed, sold, or dis- fiosed of for purpose of shooting or killing wild fowl. Possessor has violated some pro- vision of the act (ch. 303, L. 1906). Possessor has violated the act prohibiting sale, purchase, and possession of said birds. Act prohibiting hunting of said birds has been violated. Defendant intended to take or kill them contrary to law. Possessor has used it contrary law. to Po.ssessor killed, caught, or cap- tured it contrary to law. Law has been violated by person 80 doing. Michigan 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 pcssession 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 ' It was killed in Michigan Law prohibiting killing of such game has been violated. Deer have been hunted illegally. Game was killed in close season. Whenever it is proven that game was killed outside of Michigan. Possession or control of game , It was taken, killed, or exported contrary to laws of State where killed or taken. It was the property of the State at the time it was caught or killed: and it was caught or killc(l in :Minnes(ita. It was taken or killed in close season . Deer have been hunted illegally. Possessor killed the same. Law has been violated. Possession of game in close season unac- companied by tag of tlie commission. Mi.ssouri Wearing artificial light on the head Montana Possession of dead bodies or partsof game Possession of gun in fields or forests or on or about the waters of tlie State by unlicensed nonresident. Nebraska Possession of game and song birds un- accompanied by i)roper and valid license,- certificate, permit, or invoice. ! * Presumptive evidence. " In addition to this general law, certain acts are declared to be prima facie evidence of violation of law under several of the county laws. 4358— No. 28—07 ^G Capture or possession is unlaw- ful. 68 GAME COMMISSIONS AXD WAEDENS. What constitutes Prima Facie Evidence of Violation of the Game Xa?/«— Continued. State. Facts. Prima facie (or presumptive*) evidence that — Nebraska Possession of game and song birds dur- I ing close season for shipment or in I transit. Mention game on menu of liotel, restau- rant, cafe, or boarding house. New Hampshire Possession of carcass, hide, or part of moose, caribovi. elk, or fawn at any time, or of more than 2 deer in open I season or of any deer or other game ; I animal in the close season. New Jersey ' Possession of deer and waterfowl in close ; season. New York Possession of deer or venison from Nov. 1.0-24. Possession of flesh or portion of moose, elk. caribou, and antelope in open sea- j son for deer. i Possession of grouse and woodcock, ex- cept under bond. Possession or sale of woodcock, grouse, and quail in December. North Carolina Reception by person or corporation of quail, pheasants, turkeys, snipe, wood- cock, and nongame birds for shipment to point beyond the State. Ohio Finding of any gun, net, seine, boat, trap, or other device, set, maintained, or in use in violation of law. Finding of birds or game unlawfully in possession of any person. Reception of game and birds for ship- ment to piiint out of the State. Oklahoma Possession or control of game and birds. . When shown that game was caught or killed out of the Territory. Resisting, hindering, or interfering with wardens in their search of persons or places for evidence of violation of law. Posses-sion of game and birds in close season, unless kept for scientific, breed- ing, or exhibition purposes, or as pets. Hindering or interfering with State game and forestry warden in his search . of persons or places for evidence of violation of law. Possession of game, fish, skin, carcass or part of thereof in close season. Possession of a gun in the fields, forests, or on waters of the State by unnatural- ized foreign-born resident or a nonresi- dent who has no license. Possession of body or skin, or part there- of, of game animal or bird except in open season and 15 days thereafter. Possession of any bird in close sea.son Oregon Pennsylvania . Law has been violated. The proprietor has it in possession. Possessor hunted and killed the same contrary to law. Possession is unlawful. *It was unlawfully taken by pos- sessor. *Such game was unlawfully taken by possessor. *They Avere taken in New York. *They were unlawfully taken by possessor. They were killed in the State for purpose of export. Person owning, using, or making claim to same is guilty. Such person is guilty. They were killed in Ohio for pur- pose of export. Thev were killed in Oklahoma. It was caught, killed, or shipped contrary to law of State or Ter- ritory where killed. Law has been violated by person so doing. Possessor took, caught, killed, or possessed same in county where found in close season. Law has been violated by person so doing. Law has been violated by pos- sessor. Law has been violated by pos- sessor. Possession is unlawful. Rhode Island . . South Carolina South Dakota . . Possession of more than 12 wild fowl, killed on public lands, marshes, and watercourses by a person who has no license (when one is required). I Reception of game for shipment out of the State. Handling, possession, control, or owner- ship of quail, turkey, woodcock or pheasant sold, offered for .sale, shipped, or exported. Reception by person or corporation of partridges, "grouse, wild turkeys, snipe, woodcock, or other game for shipment to points outside the State. Possession of game birds by person or carrier. Possession of shotgun and dogs ordi- narily used for hunting game birds, out- side theimmediaielxjundsof any city, village, or town from July 1 to Sept. 1. Finding of traps, snares, or other de- vices used for trapping game birds, in po.ssession of or on premises of any person. * Presumptive evidence. It was taken or killed contrary to law. Person is hunting without license and contrary to law. It was killed in the State for such purpose. Law has been violated and such birds were not imported from another State or Territory. They were killed in the State for purpose of export. * Law has been violated. Law has been violated or an at- tempt made to violate it. Law has been violated or an at- tempt made to violate it. PRIMA FACIE EVIDENCE. 69 What constitutes Prima Facie Evidence of Violation of the Game Laws — Continued. state. South Dakota Tennessee . . . Texas Utah Vermont Virginia . Facts. Possession of big game, or parts thereof, in excess of bag limit. Exposure or offer for sale of quail Possession of game or birds in close sea- son. Possession of game or birds in close sea- son. Possession of moose or caribou Washington. West Virginia Wyoming . Finding of dogs of kind commonly used to hunt deer, moose, and caribou, and of other kinds known to follow such game, in act of hunting, pursuing, or killing deer, moose, or caribou. Possession of firearm, torch, jack, or arti- ficial light on waters of the State or shores tiiereof after sundown. Delivery to or reception by any per.son or corporation of game birds for ship- ment out of State. Possession of game by common carrier in close season. Possession of gun larger than 8 bore and sneak boats, nets, trap.s, reflectors, or other unlawful appliances. Possession of game or parts thereof in close season. Possession of Mongolian or English pheasants, except for propagation. Possession or sale of nongame birds Possession of game, except number of ducks, geese, brant, and snipe per- mitted to be taken in November. Proof of possession of game in close sea- son or song birds at any time. Pos.session of recently killed deeror fresh deerskin, wild turkey, quail, pheasant, or ruffed grouse in close season. Reception of above game for shipment to point outside the State. E.xposure for sale of game in close sea- son. Hindering or interfering with wardens in their search of persons and places for evidence of violation of law. Posse.ssion of tusks, hides, scalps, or horns of game animals in excess of number allowed by law. Pos.session of carcass, skin, scalp, ant- lers, and tusks of game animals in ex- cess of number allowed to be killed. Prima facie (or presumptive*) evidence that — Law has been violated. Shipment is unlawful. Possessor is guilty. Of unlawful taking, killing, or possession. * It was killed in Vermont and contrary to law. Such dogs were permitted to run at large in the forest and so hunt. ♦Possessor is illegally hunting ducks. They were killed and are possessed for other purpose than con- sumption within the State. *lt was taken in the State con- trary to law. Of guilt of person possessing them Possessor is guilty. Taking or posses.sion is illegal. Defendant is guilty. * They were unlawfully taken by possessor. Taking by possessor was illegal. * Possessor killed it. Same were killed for purpose of export. Same was unlawfully killed or caught in West Virginia. Person so doing has violated the law. Wanton and malicious waste, and destruction of game has oc- curred contrary to law. Possessor has exceeded the bag limit. * Presumptive evidence. The Colorado provision declaring that the pamphlet containing the game laws and regulations published by the State game and fish com- missioner "shall be prima facie evidence and shall be taken as such in all courts of this State of the existence of such laws, rules, and regulations," might be adopted to great advantage in all those States issuing pamph- lets of the game laws, since it would dispen.se with the necessity of pro- curing a copy of the statutes, which are not always readily accessible. In Kansas it is unnecessary in any prosecution for the violation of the game laws "to state in the complaint the true or ornithological name" of a bird or "to state in the complaint or to prove at the trial that the catching or killing or having in possession of an}^ wild bird * * * was not for the sole purpose of using or preserving it as a specimen for scientific jnirposes." In order to procure evidence of violation of game laws the game protectors of Pennsylvania are authorized to purchase and sell any 70 GAME COMMISSIONS AND WARDENS. g-ame, but after the purpose for which it was bought has been satisfied it must be forwarded to the nearest hospital for the use of the inmates thereof. Under the common law, and in conformity to constitutional prohibi- tion in most if not all the States, no person can be compelled to tes- tify against his will in any criminal proceeding to any fact that mnj tend to convict him of a crime. There are many violations of the game laws that could not be punished unless testimony of participants in the violation could be adduced, and the protection accorded such persons under this exemption would render the State powerless to procure the necessar}' evidence to convict were the law tg go no fur- ther. But several States have incorporated in their game laws provi- sions extending exemption from punishment to any witness testifjdng to facts in any prosecution against another which might be used against himself in a prosecution for the same offense. The Minnesota and South Dakota laws contain examples of such provisions. Other States have taken a more advanced position and declared that under the gam6 laws no person shall be excused from testifying in an}^ pros- ecution on the ground that his testimon}' might tend to incriminate him or subject him to a criminal prosecution. But in every such case the statute provides that such testimony shall not be used against the witness. Such is the language of the laws of Colorado, Maine, and New Jersey. The Maine statute is as follows: 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 comi^elled to testify as a witness against any other person charged with violating the same, but his evidence so given shall not be used against himself in any prosecution for such violation. (Rev. Stats., 1903, ch. 32, sec. 59.) It is doubtful whether any of these provisions is enforceable, should a witness see tit to claim his privilege, for the reason that it only restricts the State so far as using his testimony given at the trial is concerned, and does not protect him against subsequent prosecution for a violation of the game law, some intimation of which may be given bj^ his examination. To be valid and enforceable such a provi- sion must afford absolute immunity against future prosecution for the offense to which the testimony relates.^' The New York game law contains a provision measuring up to this test, which is as follows: Sec. 193. - * * A person called fur the people and so testifying shall not thereafter be liable to indictment or conviction for the violation or violations of this act respecting which he has so testified, and may plead or prove the giving of such testimony in bar of such an indictment or conviction. A very wise precaution against the failure of a prosecution on account of insufticienc}" of e^ddence to establish the charge of an offense as to an entire bird or animal is taken in several States by the express provision in the game law, for example, that of Colorado, that «See Counselman v. Hitchcock, 142 U. S., 547; Brown r. Walker, 161 U.. S., 591. FINES. 71 ''proof as to a part of an animal shall be sufficient to sustain a charge as to the whole of it." The contention has sometimes been made that a statute simpl}^ prohibiting- the possession, sale, or other disposition of certain specified birds or animals, without mention of the parts thereof, could not be invoked against a person dealing in heads, horns, hides, liesh, plumage, or any other constituent part of game or birds. To obviate such contention and set the matter at rest, the Colorado provision or one similar thereto should be inserted in every game law. FIXES. So much has already been stated in reference to 'Fines,' under the heads 'Game protection funds,' and 'Separate offenses,' that very little remains to be said here. One phase of the subject, however, deserves fuller and more extended presentation. A number of cases involving the game laws have gone to the courts of last resort upon the ground that the fine authorized to be inflicted was excessive and that the statute was, therefore, in con- travention of that clause of the State constitution prohibiting the im- position of excessive fines. The courts without exception in these cases have sustained the law and have held the following fines not to be excessive: One dollar for each lobster in Maine (State v. Craig, 13 Atl., 129); $5 for each lobster in Maine (State v. Lubee, 15 Atl., 520); $5 for each prairie chicken in Nebraska (McMahon r. State, 97 N. W., 1035); $10 for each duck in Minnesota (States?. Poole, 100 N. W., 617); $20 for each bird in Rhode Island (In re Stone, 41 Atl.. 65S; 21 R. I., 11); $50 to $75 for a wild duck in Wisconsin (State r. DeLano, 19 N. W., 808); and $100 for each deer in Minnesota (State v. Rodman, 59 N. W., 1098; 68 Minn., 393). One of the clearest and most satisfac- tory expositions of this question is found in the case of State v. Rod- man (Minn., 1891), 59 X. W., 1098. In this case, which involved the unlawful possession of 58 deer, the maximum punishment provided by the statute was a fine of $5,800, or imprisonment in the county jail for about sixteen years. In the course of its decision, the court said: While the fines imijosed are certainly large, yet we can not say that they are excessive, in a constitutional sense. A large discretion is necessarily vested in the legislature to impose penalties sufficient to prevent the coniniission of an offense, and it would have to be an extreme case to warrant the courts in holding that the consti- tutional limit had been transcended. Ten years later the same court (the supreme court of Minnesota) as already explained (see p. 05) sustained the lower court in the imposi- tion of a nuich larger fine— $20,000— for having in possession 2,000 wild ducks with intent to sell them. The following table shows by comparison the amount of fine and term of imprisonment imposed by statute \u the sev<>ral States for three classes of offenses— killing deer and quail in close season, and for nonresidents hunting witliout license: 72 GAME COMMISSIOXS AND W.ARDEXS. S o 5Sj s s P o s c o I on . a = — :^— ."" =r "^ii^i^.T-^— :=i5=,:=j '"'""ci O .-> 3 ^ O ^ i> X «*-• >-* a 3 ^ . 'C >j S n = O •o -<-> X ■*-• 0) >iCl o >»>.!> a; 5o 03 d i-i ^^eo — O'- •OMCCM—'M-^ o r-c ^ ■" lO O ' lO C^ CO ■■ o O lT *^ o o ooooooo oo«co c^ . I- — — o rj uc -- ; . — ■ -: sfe ic ^ , ^^^fe'" ^^^^ -^ . , ^?^ — , ^fe C-^S— -' — ^ — — ^ ^^ ^ O w -»-' J ^ o*^o'^'~'"^w*^*'*^ I '-■-';"^*^o'^ o OOOiOiitir^ OiCOOOTIi^i^OO O — ^ r; c-i T^ M 'C u7 c-i "M ^- i-T ^ 7-I n ^ ur: ^^ S o s o - oo .X iC c^ '^ 7^1 C^l ic ui o .2 p s s o CJtC 2 .o~ ^ — ''^'3 >§5*-3 3 '3 ^- X ? T. O ~ ~ v: -^^ * -■ a "3 r. o o«o .■Sj=^ou- -oo -X- =.1: ■3 5 oS to j^ O O o CO so X o o p _ ^ ? ^ ^fe 4& ^ 4fe ^ ^^ ^^ ^ "Ife ^ ^ ^^ ^ ^fe ^ ^^ a O So 0) o I/: o oo . o o o . — i;; ic O O O O lC in o — rj ^ ir: c-i ci i-t C C 3 ' O OO oo — ■ O) J5 _• 3 0 a> lO >C ^ CI iC -O tC i-H CJ M ^ CI OO M CI ''■ i 3— - C C ^a ^ o " o cc o cc O O OOOO Co oooomo oooooo oo ^ ^ ic ^ M r- ^ 12. ^' ^ ^ ^ lit ^ Ill's .3 ? ?^ o o *^*"oo-" iC »c o o o o OE I- a -<<<<; ^. o , , S-C 3 ill > X — - X -' — COMPARISON OF FINES AND IMPRISONMENT. 73 X >, c 3i « C cS C c ■« rf K -^ X C O , t-iO >» " 3^ fT =3 " Si - ; T" ■^ O'O c ^ <— o '^o*'o « tOlO i-lC^ rH • en I • I • . OS ^B •tic ^03 oo o o ss o oooo o ^ rt .-^.-1 r* E ^ o = c c F o r; o .c mm^ ;* ?#■ >mefsmmm^ o CO 5 as lO CO iC 03 ; 73 O « O o o Z; ' ' =2 5 = o oj o o « 3^ oooo OJ +^-tJ- — ^O/O-^-*-^-^*^ O lOOOO^lJOiCOO tH C^»-(i— l^^iO"— ) -J — . ,H iCi — oi ?j c-i O c.2 5fr •5 P w.'"^ 'K .= tx o a 5r, O a> 0^ +^ Qj ■" . 74 GAME COMMISSIONS AND WARDENS. IMPRISONMENT. The only punishment authorized under man}- of the older game stat- utes was a fine, and if the defendant was impecunious he escaped pun- ishment altogether. A veiy considerable proportion of ofi^'enders 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 manv violations go unpunished. In some localities it is ver}" 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 tine 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 in a few States, exemplified l\y 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 da}" 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- Jive 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 pa}'^ 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 full}- 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 ease 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 to ship venison out of the State, and another for shippino- venison to market. In New Jersey one defendant was sentenced for 10 days for illegal possession of a bkie 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 Oreo-on one offender received a sentence of 12i 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. S. Dept. Agriculture, 1906, pp. .53.5-536.) COSTS. A general statute in some States requires individuals instituting a prosecution to give security for costs. The object of the requirement is, of course, the protection of officers of the courts against loss of their fees by acquittal of the defendant, and for the additional pur- pose, in many cases, of forestalling ill-advised and unfounded prose- cutions. To relieve wardens of the necessity of complying with this requirement 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- cial 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- tion 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 costs (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 i-arely omitted this provision, l)ut with the advent of game wardens the practice has gradually fallen into disuse, and at the present day is retained in the game laws of comparatively few States." It was never a success in this country, most men preferring to see the laws violated rather than appear as prosecuting witnesses against their fellow-citizens. A.side from sentiment, such a course was often hazardous to the property and even the life of an informer. There is « Several of the counties of Maryland still ailhcrc U> the practice. Further details are contained in the table on page 37, showing the si)ecial disposition of hunting license fees and fines. 76 GAME COMMISSIONS AND WARDENS, no reason why the provision should be held in such disrepute, and since the purposes of game laws have been better understood and their necessitv more forcibly demonstrated by the rapid depletion of game, 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 to a 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- tional provision requires all tines 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 tines to informers or to a special fund, it is essential that the constitution of the State be consulted. It may be that a divi- sion of tines 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 collected under the penal laws of the State * * * shall be and the same are hereby solemnly pledged for educational purposes and shall 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 ))e 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 are required to pay to the complaining witness out of the general fund an amount equivalent to one-half the fine actually recovered. A novel contention relating to the subject of payment of rewards to informers was made in the Illinois case of Meul r. 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. «See also State ex rel. Rodes v. AVarner, 94 S. W., 962, holding that fines under the game law of Missouri musft be paid into the county school fund. EFFECT OF REPEALS. 77 and that such direction vested in the informer a right of which he could not be deprived by the governor, who, under the constitution, had the power to grant reprieves, commutations, and pardons after convic- tion for all offenses. The effect of such disposition of hnes, it was contended, would be to take away from the governor this constitutional authority. This contention, however, was overruled by the court. In Georgia it has been held that where by statute a part of the line or penalty is reserved to the informer, his right thereto becomes so far vested upon conviction and sentence that the governor can not, by pardon, remit that part. (Parrott v. Wilson, 51 Ga., 255.) As a substitute for the moiety system several States have authorized the offer of specitic 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 pa}' 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 pa}" 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. REPORTS OF PROSECUTIONS. In order that game officials may know the progress of protection and the work of deputy wardens, it is expressly provided in some States— for example, Alabama, Colorado, and Maine — that every magistrate or court before whom 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 particulars to the State game officials. Usually this report must contain a statement of the offense and the result of the trial, show whether or not the line was paid, and if so, what disposition was made of it. and if not, what pun- ishment was inflicted upon the defendant. EFFECT OF REPEALS. A bill 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 law that a prosecution could not l)e maintained ])ecause 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: All acts and parts of acta in conflict with thi.'< act are herebj' repealed, but sucli repeal shall not affect or abate any prosecution now pendinp; or hereafter brouglit for any offense committed prior to the taking effect of this act, but the same may l)e prosecuted and ])Uiiished as in said acts provided. (Div. M, sec. 9.) 78 GAME COMMISSIONS AND WARDENS. CIVIIi ACTIONS. Game laws are usually enforced by criminal prosecutions in the name of the State or the people thereof, but a few States have directed 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 a de- 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: Wild game belongs to the State in its sovereign capacity. No person can acquire any property in it except by catching or killing it at a time and in a manner author- ized by law. If a person catches or kills it at a time or in a manner prohibited by statute, it still, remains the property of the State, tvhirh may reclaim it. Two States— Colorado and Nebraska— have incorporated in their game laws provisions for this remedy, which are given in full in Part III. «For notes on replevin suits see 'Free Shipment of Deer in Minnesota' in Forest 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. REPLEVIN. 79 In many jurisdictions the plaintitf may couple with the action of replevin 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 law 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 held in possession in violation of law. The Nebraska law has a similar 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 for the same ofl'ensc 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 frequentlj^ been resorted to by offenders against game laws to recover property seized* by game ofiicials. 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 plaintiff and two others were illegalh' hunting prairie chickens. At that time the Nebraska game law authorized seizure of the guns of those found violating the law, but contained no provision for a trial of the question of forfeiture. The district court of Boone County, where the action was brought, found for the plaintiff' and decreed restitution 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 aflirmed. (McConnell v. McKillip, 99 N. W., 505.) In the same j^ear an action of replevin was instituted in Colorado for the recovery of 300 deer hides, or for damages for their detention, from a deputy game warden, who had seized them on the ground that they w^ere 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 Countv and resulted in a verdict against the warden for $350, from which he appealed to the court of appeals, where the judgment of the district court was reversed. (Hornbeke v. White, 76 Pac. , 926.)" In 1896 an action of replevin was instituted in Wisconsin for the recovery of 12 gill nets, of the value of $60, which had been seized by the o-anie wardens on the ground that thev 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., (W N. W., 805.) «See also People v. Johnson, 88 Pac, 184. 80 GAME COMMISSIONS AND WARDENS. INJUNCTION. The question has arisen repeatecll^^ and doubtless will recur fre- quenth", 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 r. Capital City D. C, 56 X. E. (Ohio), 6.^1.) 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 tliose States irliere 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 remed}^ has, however, been frequently and successfully invoked to restrain per- sistent and repeated trespasses upon private propert}' for the purpose of hunting, and thereb3% 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 count}^ for an injunction to restrain King and about fort}' 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 onl}' neces- sarj' to refer to the one denying complainant's right to resort to the remedy of injunction. The superior court dismissed the complain- ant's ])ill 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. 3iy-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. INJUNCTION. 81 the right of the chib to an injunction to prevent defendants trespassing upon its preserve." It was decided that — Injunction will lie to prevent trespassing on a game preserve whereby not only is game 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 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., 9S2). The complainant, O'Neil, filed a bill in the circuit court praying for an injunction to restrain Chase S. Osborn, State game warden, from enforcing the provisions of the fish law, which restricted the practice of fishing with certain nets, and authorized the seizure of such apparatus when so used. It was alleo-ed 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 granting the writ the court said: If the law were unconstitutional, it would be available by w^ay 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 iu chancery for the guidance of courts of criminal jurisdiction. «See also the South Carolina case of Chisholm v. Caines (67 Fed., 285), and the Arkansas case of the Big Lake Shooting Club, Harrison r. Fite (148 Fed., 781). Compare the decision in Rockefeller v. Lamora (New York), given in full in Forest 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. MISCELLANEOUS PROVISIONS. The game laws contain many provisions that can not be conveniently grouped 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. PUBLICATIOX OF LAWS AND REPORTS. Prompt publication of the frequent amendments to game laws in sufficiently 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 b}' the secretar}^ of state, and in Florida by one of the county Avardens — the game warden of Lake Count}'. In some States, such as Pennsylvania and New Mexico, where there is a large foreign element in the population, summaries of 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 b}" 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, ifi250; 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 yesiv. The distribution in States which issue resident licenses can be readily and economically efiected 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" CHARGE TO THE JURY. 83 the work periodically, iisuallj^ to the g'overnor, but in a few instances to the legislature, and in Michioan and Texas to the secretary- of state. These reports ordinarily cover a l^iennial period, sometimes an annual period, but in Alabama the commissicner is required 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 tQ what the game departments are accomplishing. Formerl}' such reports were brief, containing little more than a finan- cial statement, but of late j'ears 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 framhig 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 valuable information. Annual reports are required in Wisconsin and Illinois, but the}^ are not published in separate form, although reports on certain phases of warden work in Illinois appear regularlj^ in one of the leading sportsmen's journals. Provision b}^ specific appro- priation is made in several States for publication of game warden reports, and Colorado and Wyoming appropriate $200 for the purpose; Vermont 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 — Alaljama, Georgia, jVIontana, 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 iuijuiHitorial authority over all violations of any of the provii^iiMis this act, and upon probable cause, ^hall make presentment without prosecutor; and that the judges 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 1903, ch. 118.) 4358— No. L'8— 07 7 84 GAME COMMISSIONS AND WARDENS. 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 assef^sed 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 ofienders to sign an acknowledgmentof their ofi'enses 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 sunnnon 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 DOGS. 85 license are probably inadequate to restrain criminally inclined persons or those huntino- for niercenar}' 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 the procedure in such cases as follows: Sec 36. Any person who shall violate any of tlie i)rovisions 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 liefore 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 conmiissioners of inland fisheries and game may revoke the license of anyone w^ho 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 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. 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-da}^ 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 onh' done this, l)ut have also authorized the destruction of the dogs by wardens, or, in a few instances, b}- any person. This subject has perhaps engaged more attention in Maine" than elsewhere. The attempt to ^'For resum^ see F. P. Hardy, 'Six Years Under Maine Game Laws — VII, on 'Killing Dogs;' and IX, The Jock I)arling Case, in 'Forest and Stream,' Vol. XXXVI, p. 372, May 28, 1891; p. 477, July 2, 1891. 8(3 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 «hot and killed b\^ a party of poachers who had a dog with them for the purpose of using it in hunting deer con- trar}^ 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 twentj^-tive years and further reduced b}" good behavior to nineteen years, so that the term expired in 1906. Judging by legislative acts public sentiment has vacillated some what on this point. For some years prior to 1901: 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. So in 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 allow destruction of dogs under such circumstances by any person; and the conservative State of Massachusetts authorizes any of her offi- cers ^vho 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 hunting is known to the owner, and further provides that if the same doo- 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 triTck of a deer is a 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 is a 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, unless the dog wears a collar giv- ing the name and address of the owner. Collared dogs so found hunt- a For details of this tragedy see 'Forest and Stream,' Vol. XXYII, p. 308, Nov. 11, 1886; 'Maine Sportsman,' vol. 13, p. 158, April, 1906. FERRETS. 87 ino- may be killed in the manner stated above after notice of the dog's proclivities, given to the owner b}'- the landowner or by the secretary of the game commission. In January, 1906, the secretary estimated that about 300 dogs had been killed during the nine months' o'-^eration of the law. FERRETS. The use of ferrets for hunting rabbits is of very ancient origin. History records their use for such purpose in the days of the Roman Empire. The}" were commonly used in this country till within the past few years, but recent legislation in several of the States has greatly restricted their employment. In the Eastern States particularly, where rabbits are not sufficiently abundant to be a pest, they are often considered valuable game, and protected rigidl}^ The use of ferrets in hunting rabbits has imperiled the maintenance of the supply of these animals to such a degree that it has become necessary to prohibit the practice. The usual prohibition simply extends to the use of the ferret for this special purpose, but Illinois and Massachusetts prohibit its use for hunting any game. Massachusetts further makes possession of a ferret in any place where game may be found prima facie evidence of its illegal use, and declares that ferrets used in violation of law shall be confiscated. / 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 which 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 am^ game the shipment or transportation of which is prohibited bv the laws of anj- 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 b\'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 tlie laws thereof. The statute of Oklahoma is much to the same effect, and Nebraska declares it unlawful for an}^ 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 b}^ all the States would be productive of much good. 'SOONERS.' Close seasons will usuall}, 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 largeh" depends the maintenance of the game suppl3\ 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 field 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 HUNTING ACCIDENTS. 89 States authorizing- the appointment of several deputies in each county this practice is easily controlled; 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 time, the claim is made that such game is their sole object, and 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 for 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 is so 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- gun 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 such occurrences in the future, and has resulted in the enactment of drastic statutes in Maine, Michigan, 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 j^ears or a fine not exceeding $1,000, and it is made the duty of county attorneys and sherifi's to investigate alleged violations of the acts and prosecute the offenders. « Montana has adopted a uniform open season for game of all kinds. ^Iii 190^ the nuin]>er of such accidents in the United States exceeded 100. See Year Book U. S. Department of Agriculture 1906, pp. 536-537. 90 GAME COMMISSIONS AXD WARDENS. In Minnesota the killino- of a human being- by shooting* Avith a gun or other tirearm. 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 bv 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 ma}' be preserved even in hot weather removes all limitation formerly imposed by that condition and stimulates the killing of vasth' larger quantities than in da3's 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. It is 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 anv 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. As an example, Nebraska has made it unlawful to store game, except during the open season and live days thereafter, Avhen stored for the person lawfully in possession thereof, and at an}' 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 tish 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 uncertain terms: Dealers in game may store their stock on hand at the commencement of the close season upon giving bond in such amount and under such restrictions as the forest, hsh, and game commissioner may prescribe and with the further condi- tions that the}^ 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 S. 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 17,000 damages from the storage com- pan3^ 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 Passamaquodd}- 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, Montana, and North Dakota seem to be the only ones that now speciallj' 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 92 GAME COMMISSIONS AND WARDENS. a statute prohibiting- Indians from carrying lirearms of any kind out- 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, shall hunt, take, pur- sue, kill, or destroy any game or fish mentioneil 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 g-ame 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 is a ward of the Federal Government to hunt anywhere in the State, except upon In- dian reservations, unless he takes out a regular hunting license. The section is as follows: Sec. 7683f. Indians subject to game Mws.—lt 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 not apply to any Indian who takes out a i>ermit 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 reserva- 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 INDIAN RESERVATIONS, 93 the course of dealing of the Federal Government with them, and the treaties in which it has heen 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 this court, whenever the question has arisen. The power of tlie 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 lish 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 codes 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 judgment, (jught 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 our 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. 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 brouglit an action of replevin for the meat of 14 deer found in posses- sion of an Indian on the AVhite Earth Reservation after the expiration of the time during which the State law permitted the possession of «In re Blackbird, 109 Fed., 139. &ln re Blackbird, supra. cin re Lincoln, 129 Fed., 247 (Calif., 1904). 94, GAME COMMISSIONS AND WARDENS. venison. It was claimed that the deer were kUled 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 Gov- 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 wken the posses- sion and sale of such meat were prohibited by the State >kw. The court was not unanimous, however. Two of the live 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 civihzed 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 for 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' their 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 seize 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). cSee also account of this case by Hon. W. A. Richards, governor of Wyoming, in Recreation, Vol. 12, pp. 44:3-447, 1900. INDIANS. y 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 luade that as the 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- miuo- as a 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 Avithin 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, l)ut that it has jurisdic- tion when its game laws are violated by an Indian off his reservaticn, 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 (|Ucstion should l)o ascertained. 96 GAME COMMISSIONS AND WARDENS. Although the legal status of the Indian on or off the reservation has thus been material 1}^ elucidated by recent decisions of the courts, and State officers have been given authority to call sheriffs and peace officers 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 W3"oming. In order to show the character of these depredations, mention ma}" be made of some of the more important recent raids. Reference has already been made to the raid which occurred in Colorado in Kio Blanco County in 1902. (See p. 50.) Another notable incursion of the same kind was that of the White River Utes, who invaded 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 2<)0 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 V)v 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 two Indians were killed and a squaw was wounded. " In Minnesota complications arose about 1897 or 1898 through 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 the}' 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 trouble with the settlers. «D. C. Beaman in Forest and Stream, L, p. 27, Jan. 8, 1898. ''S. F. Fullerton in Forest and Stream, LI, p. 509, Dec. 24, 1898. cForest and Stream, LIII, p. 501, Dec. 23, 1899; LV, p. 421, Dec. 1, 1900. . INDIAN RAIDS. 07 In W3'Oming- depredations by Indians ocourred 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 Ijy 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 has already 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 Indians 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 jjunished. 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 wouhl have resulted in a conflict and consequent bloodshed. 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 at local officers. At a 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 iii the loss of scores of lives. From information furnislied by reputable ranchmen of the Whisky Gap section it appears that two bands f f 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 W^arden 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, rounding upalxjut fifty 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 smokeless rifles." * * * Leaving the Whisky Gap and Splitrock country these Indians went, by way of Douglas, through Converse, Weston, and Crook counties, stripping the country of w ild 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 Puini)kin 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 confli(!t is the inevitable result. * * * 98 GAME COMMISSIONS AND WARDENS. Fortunately the governor's requisition for Federal troops resulted in ridding the 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. Eept. State Game Warden, Wyoming, 1906, pp. 17-19. ) ALIENS. In concludino- this discussion of game law enforcement it seems desirable to call attention to a problem which already has assumed alarming proportions. In the last few years our game laws have been defied b}' a certain lawless element of unnaturalized foreigners who, in some of the more northern States, persistently and willfully violate them by hunting in close season, and especially by killing nongame Inrds, which are pro- 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, pajnng no attention what- ever to signs forl)idding trespass, and frequently either insult or assault landowners who protest against their illegal acts. As several usuallv hunt toe-ether, 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 stabl)ed when attempting an arrest. Four wardens were killed and several others seriously injured bv aliens in Pennsvlvania during 15)06. Railroads in certain sections of the country employ foreigners as laborers on their roadbeds, and camps are established along the right of way. On ofi days, especiall}" 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 ol)tained pay any tine imposed upon one of their number. One of the most important cases of this kind occurred recently in Iowa, where 113 Italian laborers were arrested July 11, 1907, near Rock 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 II. II. Yordy, with Sheriff Wheatly and 20 special deputy sheriffs, reached Rock Kai)ids on tiie Great Northern at 1 o'clock this morning [July 12] with 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 agreeil 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 were then 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, LXVIII, p. 51, July 20, 1907. ALIENS. 99 Various measures have been taken to meet the alien problem. Some States 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 have 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 of a nonresident. 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 ordinar}" 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 definite results before long, and such lawless practices will be checked, if not entirely suppressed. 4358— No. 28—07 8 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 is grouped under four main headings: (1) Officials, (2) other officers, (3) 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; ofllce 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; vested 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 collecting, and propagating license fees, and one-half fines, penalties, and forfeitures arising under the game laws constitute the State game fund. (4) Administrative provisions: Possession of artificial light while hunting is prima facie evidence of .its use to hunt deer; violation as to each animal or bird is a 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 kind may be charged in the same count and punished as a separate offense as to each, and proof as to part of a bird or animal is sufficient to sustain charge as to whole. 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 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 ■ 100 ALABAMA CALIFORNIA. 101 carry their licenses with them; a false statement in procuring a license or alteration thereof is punishable by fine of $10 to $25. Circuit judges and judges with concurrent jurisdiction must give the game laws in charge to the grand juries and urge strict inquiry into infractions thereof. Prosecution must be begun within 60 days before a justice of the peace, or withia one year when jurisdiction is in city, county, or circuit courts. ALASKA. (1) OflB.cers: 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) Ofl&cers: Fish and game commissioners; commission established 1887; com- posed of three members, one to serve as business agent; term, two years; no salary. Duties and poivers. — 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; to issue hunting licenses. Authorized to appoint, without expense to the Territory, assistants, 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 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 deputj" 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 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 extended to game in 1878; members serve during pleasure of governor; no compen- sation. 102 GAME COMMISSIONS AND AVARDENS. 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 vxirdens, one for ea<'h county, appointed by county boards oi 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 enforce 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 l)irds 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 ofticer 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 i)repare 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 sunnnon 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 aiiproval 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 ])ut are entitled to certain fees. Guides licensed by State fish and game commissioner have powers of deputy warden. COLORADO. 103 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 i^erson believed to be guilty of violating the law, and with or without warrant may open, enter, and examine any place or package (dwelling house 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 puVjiic 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 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 recov- 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 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. (3) 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 rep(jrt results of all cases in their courts to commissioner within twenty days after determination thereof. Person instituting prosecution or suit entitled to one-third the fine or recovery. Actions for damages and for possession of game unlawfully wounded, killed, or possessed may be joined; civil action does not bar criminal prosecution or lawful seizure of game. Fines, penalties, and judgments can not be reduced, remitted, or suspended except as expressly provided by law. 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 tliereafter the corporation is deemed in court and subject to its jurisdiction, and any fine imposed may l)e collected by execution against its property. Violation as to each animal or bird is a separate offense and two or more offenses may be charged in same complaint, indictment, or information, 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. PerqrusUes.— 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 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 within the year. The pamphlet of 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 imprisoned 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 poicers. — 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, paya])le 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 he 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 CONNECTICUT — FLORIDA. 105 presumptive evidence of violation of law; the taking of each rabbit with a ferret 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, l)ox, 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, v/hich may be sold at the expira- tion of 30 days and proceeds applied to jiayment 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. (2) Game protection fund: Annual appropriation, $500. (3) 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 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-half fine when they make affidavit or fur- nish evidence on which conviction is based. Duties and poivers. — 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 perform the duties; sheriffs enforce game laws as they do other criminal statutes. "For laws permitting additional wardens in Hernando, Hillsborough, Lafayette, and Polk counties see p. 157. 106 GAME COMMISSIOXS AND WARDENS. (3) Game protection fund : Fees from nonresident hunting licenses constitute a fund in county treasury for use of commissioners in paying salary of warden. (4) Administrative provisions : Magistrate before whom offender is brought may order seizure of implements used in violating game law. Iniormers 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. Deputy irardeas. — 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 all 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-hird wardens. — One or more for each county, appointed by judge of supe- 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 grand 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, 81,800 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, mider 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, $500; compensation, $3 per day, not exceed- ing 150 days of actual employment each year; expenses allowed to each warden when performing duties outside his district. The State warden and deputies required to enforce the law, and in.spect 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; to seize 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 having jurisdiction for immediate trial. (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 resi^ective jurisdictions. IDAHO ILLINOIS. 107 (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 l>y warden. Prosecution must be begun within one year. ILLINOIS. (1) Officers: State game commissioner; ofiice established in 1899; term during incuml)ency 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. Deputij game wardens.— ^ot 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 deputij game ivardens.— 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 all 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 liable for 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 oi 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 comi)laint 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, connnanding him to sean-h for such game and when found 1o seize and keep it subject to order of the justice.' (For further procedure see p. 163, sees. 19-22.) Seized game to be sold; licensee while hunting must have license with liim ready to exhibit; action of del)t lies for recovery of fine for violation of license provisions; alteration of license declared to l)e forgery and punishal>le as such; violators of trespass si'ction of the law may be prosecuted before any justice of tlie peace or by indictment or information in any court in the county, 108 GAME COMMISSIONS AND WARDENS. and owners 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 convey- 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. Prosecution 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 imrdens. — Appointed l)y commissioner; compensation allowed by commissioner, to be paid out of fish and game protection fund, but not to exceed $60 per months 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 A'iolating 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 treasurj' 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 biennially to the governor. Dejnify 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 l>y State warden. (3) Game protection fund: Nonresident license fees paid into county treasury to credit of game protection fund. IOWA KENTUCKY. 109 (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 sol< and pnirers. — 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 f(jur years, any season f.or 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 from 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". MAINE. Ill Fish and game wardens. — Appointed Ijy the governor, upon recommendation of the commissioners, for three years; bond, !t;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 violathig the law, and to search and examine, without warrant, camps, wagons, cars, stages, tents, packs, stores, warehouses, and other places, except dwelling houses and sealed railroad cars, where game is supposed to be concealed. Deputy game icardens. — 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 knowdedge. (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, camj)- 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 atte,«ted copy of warrant, upon return of which they are deemed constructively in court and line 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 Ijy 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 ])e seized ])y 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 comixiissioners are required to notify the superintendent of every transportation company in the State of the names of the wardens (restricteil to four for any one company) designated by them to exercise the right of search; aliens must exhibit their license upon demand of any officer quaHlied 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. Criminal prosecution must be begun within six years; action by an individual for recovery of a penalty within one year; and by the State within two years. 112 GAME COMMISSIOXS AND WAEDENS. 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 fisherj' 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 jiarticular 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 fine, 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 c-f law, order sale of same; immediately upon entry of judgment constable must poet 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 liable to damages for wrongful seizure; possession of big or swivel gun prima facie evidence of intent to use it in \aolation 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. Deputy commissioners appointed by commissioners. Powers. — Gommissioners 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 liuiMing, 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 oflicers 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 i.ssue of 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 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 a forfeiture, the whole or part of which inures to his benefit; otherwise within two years. Criminal prosecution must be Ijegun 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 for expenses necessarily incurred. Duties and poioers. — 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 fur trial; such arrests maybe 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 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 dej9w<2/.— 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.— 'Soi exceeding ten, appointed by State warden, compensa- tion $3 per day for time actually employed; have same power and authority as State warden. Cotmty game and fish loardens.—^ot 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 ivardens. — 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. (3) Game-protection fund: All fees from nonresident licenses and one-third of all fees from resident licenses, export and scientilic permits pairoperty unlawfully held in possession. Deputy game war dens. — ^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 g-ame protective fund: All license fees and 50 per cent of fines (other 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: (iame 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 pi'osecutor reasonable compensation from proceeds; disposition of forfeited hunting parapher- 4:i.">8— No. 2S— 07 9 116 GAME COMMISSIONS AND WAKDEXS. nalia may be determined by board of supervisors; in case of delayed hearing of 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. MISSOURI. « (1) Officers: State game and fish warden; othce established in 1895; reorganized in 1905; term, two years; salary, 82,000 per annum, with allowance of §2,000 per annum for traveling expenses. IhUies 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 peace 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 to 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. MONTANA. (1) Officers: State game and fish warden; oflfice established March 18, 1901; term, four years; bond, §3,000; salary, 82,400 per annum, and allowance of $2,000 per annum for expenses and 81,200 per annum for salary of oflice clerk. IhUies and poirers. — 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 commissionei-s. Specicd deputies. — Not less than five nor more than twelve, appointed by the State fish and game warden for four years; bond, 81,000; salary, 81,500 perannum; 8300 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 powers of sheriffs to arrest and prosecute throughout the State; when rendering services outside of his district a warden is entitled to his actual and necessary expenses. Deputies.— X\i^o\ni&d by the State warden and vested 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 not a 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. MONTANA NEBRASKA. 117 may prosecute without giving security for costs, and may require a person in posses- sion of a license to identify himself. (2) Other officers : Guides (packers are required to qualify as such) required 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 informed 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 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 car, 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. NEBRASKA. (1) Officers: Game and fish commissioner; office established July 1, 1901; gov- ernor to l>e 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 not exceeding $.'500 per annum while actually employed; governor may also appoint deputies for sjx'cial purpose, who have authority of other deputies for that ])urpose but without compcnsatidu, and u 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) Otlier officers: Sheriffs and constables required to enforce game laws and to seize game or song l)irds 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, outhoases, 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 jirosecute offenders. Any failure of such officers to perform their duties renders them liable to punisliment for misdemeanor. (3) Game protection 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 l)rought 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 charital>le 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 begun within one year; other- wise within eighteen months. NEVADA NEW JEKSEY. 119 NEVADA. (1) Oflficers: 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 — Kequired 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) OflB.cers: 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 the same; to ifBsue licenses; to publish the laws in pamphlet form at the end of each session of the legislature and to report biennially to the governor. 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 of 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 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 JERSEY. (1) Officers: Board of fish and game commissioners; board established March 22, 1895; comp(jsed 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. Fixli mid game wardens. — Twenty-five in number, appointed by the board for one year, or during its pleasure; one to be fish and game j>rotector with supervision over others, salary $100 per month and an allowance of $:!00 per annum for expenses; the others to receive $50 i»er month and expenses not to exceed $200 per annum; required to enforce the laws; empowered to execute all processes connected with enforcement of game laws; to serve subpoenas; to call in aid of any constable, sheriff, or other peace ofiiccr w luii necessary for enforcement of the laws; to make summary arrests in ca.sea of flagrant violations. 120 GAME COMMISSIONS AND WARDENS. Deputy fish and game vardens. — 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, wnthout 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, poHce 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 jjlace where com- mitted; proceedings for recovery of penalties must be "brought in the name of the State yvith 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 in.stituted 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. i^nes.— One-half to be jiaid into county treasury for school purposes. Prosecution must be begun within two years. 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 protectors.— Seventy-&ve 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 subpoenas, 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 game 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 ot deer in last ten days of open season presumptive evidence oi unlawful 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 winch he testified, is barred; any person may summarily destroy devices for unlawfully taking fish and game, without liability therefor; presence of dog in forest iniiabited by deer presumptive evidence that owner thereof is violating law and such dogs may be killed by any person; possession of flesh or 122 GAME COMMISSIONS AXD 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, 1903. The secretary is the chief executive officer of the society. Objects find powers.— To -promote among the citizens of the State an appreciation 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; anrl 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 reasonalile cause for believing game to be in possession of common carrier in violation of law ground for issue of search warrant directed to warden to search cars, warehouses, and receptacles, and to seize such game; seized game to Ije sold at auction by warden, and purchaser to receive a certificate of lawful 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, 81,000; 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 inirdens.— Appointed by district game wardens in their respective dis- tricts, one for each county having less than 3,000 inhabitants, two for each county having 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 l>e 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 him 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 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 him on request; entitled to two-thirds proceeds of sale of game seized by them. (3) 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 fees paid into State general fund. (4) Administrative provisions: Proof of probable cause for believing that game taken, shipped, or possessed in vialation 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. CJdef 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. 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 ivardens. —Commissionera 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, and 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. (2) Other officers: Sheriffs, deputy sheriffs, constables, j\nd other peace officers requin'd to enforce laws for preservation of birds, game, and fish; have same powei-s as wardens and entitled to same fees; proset-uting attorneys receive 20 per cent of fines collected in prosecutions conducted ])y them. (3) Game protection fund: Fines, penalties, and forfeitures (unless otherwise directed l)y commissioners) to be paid to president of commission and by him i)laced in State treasury to cred't of fund for use of commissioners; nonresident license fees 124 GAME COMMISSIONS AND WARDENS. and fees for permits to collect birds for scientific purposes are also paid into .State treasury for use of commissioners. (4) Adm.inistrative 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, sees. 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 tliat 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 sheriffs for making arrests and serving process. Duties and powers. — Required to enforce game and fish laws 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- son in whose possession it is found. County game and fish wardens.— Ap'pointed 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; persona OKLAHOMA OREGON. 125 hindering or o])structing wardens guilty of misdemeanor; arrests maj- 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 case, to be paid to county attorney conducting prosecution. Prosecution must be begun within three years. OREGON. (1) OflB-cers: 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 jynvers. — Required to enforce game laws; bring or cause to he brought actions and proceedings to recover fines and penalties, or to inflict punishment; to issue market hunting licenses; to report annually on the 1st 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 lUpulij game and forestry wardens. — As many as 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 having jurisdic- tion for trial. (2) Other oflB.cers: 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 liave 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 jjrima 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 l)e paid into general fuiul 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 nmst be begun within two years. 126 GAME COMMISSIONS AND WARDENS. PENNSYLVANIA. (1) Officers: Board of game commissioners; established in 1895; composed of six 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 protector and 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 hoard 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 seizure of 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; re(iuired 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 i)enalties recovered where protectors or deputy protectors prosecute and one-half, less expense of recovery, where they furnish evi- 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-half the license fees paid into State treasury for use of board, other half 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 rccjuired, to be sent to nearest hospital; that seized by constable or warden to be disiiosed of as court before whom PENNSYLVANIA RHODE ISLAND. 127 offender is tried may direct; interference wit ii wardens and protectors in discharge of their (Uities punishable by fine of f^lOO; 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 tm days after advertisement, proceeds to be used to pay fine, and residue, if any, to be paid to owner; any person may, without 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 season 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, jirima facie evidence of a violation 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 jiarapher- nalia used by any person hunting foi- hire to be forfeited; all ])oats, 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 jirotector the full fine and costs and receive a full satisfaction and discharge from such officer; costs of prosecution brought l)y 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 j'ear, "except where the defendant is taken in the act or in a jiursuit immediately follov.ing," when the limitation is two years. RHODE ISLAND. (1) Officers: Commissioners of birds; commission established in June, 1899; com- posed of five members; term three years; no compensation. Duties. — To jirotect l)irds and game and enforce laws. Deputies. — Ajipointed 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 ])OSsession of any jierson 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 oin'-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 ])irds has been or is being violated in any place is ground for issue of a searc-h warrant directed to any officer competent to serve a warrant, but warrant not to be executed after sunset uidess such course is directed by the magistrate. T.icen.sees must exhibit licen.«e to any jx-rson demanding it. I'ro.sccution for violations of chapter 112, relating to gamt- aninmher 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- son before competent court for trial or give notice to State's attorney of county, who 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.— ^ot more than ten, appointed by warden; jurisdiction throughout the county, Avith 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. (3) 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 f/owie.— Justices of the peace have juris- diction of all offenses; each act of hunting without license or in close season a sepa- rate offense; 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 Avhere game is concealed upon proof of probable cause for behef 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 confederates without incriminating himself. Any person making complaint and furnishing evidence leading to convic- tion is entitled to one-half the fine. Prosecution for violaticms of laws relating to small game must Ije 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; ottice estal)lished April 11, 1903; reorganized as a department of the State government April 15, 1W5; term, eight years; Iwnd, $500; no salary, but entitled to all fees for hunting licenses issued by him; may appoint a secretary. 130 GAME COMMISSIONS AXD "WARDEXS. Duties and poivers.—B.eqmTed to report to general assembly each session; to issue hunting licenses; may remove any warden at will and appoint his successor; has •same powers for enforcement of the law as the subordinate wardens. Special wardens. — Number considered necessary by State warden, appointed by him with jurisdiction throughout State; bond, $500. County vardens. — One for each county, appointed by State warden; bond, S500. 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 jurisdictien 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 j^art 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 is a 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, 810,000; salary, 82,500 per annum, 8700 of which is payaljle from game fund; allowed 8600 per annum for necessary expenses. Duties and povjers. — To enforce game an advise State warden as to his duties, assist him in enforcement of law, and in prosecution of cases when warden deems it necessary; distric;t attorneys recjuired to prosecute actions for violation 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 jiroceeds fnjni sale of tujnfiscated 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 nuisance may be seized by warden and, after finding of illegal use, may l)e destroyed or sold as directed by court; those designated public nuisance sliall, upon a finding of such unlawful use, be immediately destroyed; affidavit before a magistrate author- 136 GAME COMMISSIONS AND WARDENS. ized to issue criminal process that affiant has reason to believe game captured or possessed contrary to law has been concealed, is ground for issue of a warrant com- manding officer to whom directed to search premises designated, seize the game if found, and bring it before court issuing warrant to be used as evidence. Prosecution must be begun within three years. WYOMING. (1) OfBLcers: 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 possesr:ion 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. Countij game and fish wardens. — One for each county, appointed by board of county commissioners; compensation fixed and paid by connnissioners out of county funds, 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- cated 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 ])ay 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. 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 ))lack-faced type the general con- tents of each section have been indicated so as to facilitate read}^ reference to any particular topic. The statutes are ari-angcd 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 original acts are plainly indicated, usually at the beginning of each section, and in several instances the text has been annotated b}^ 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 ditficulty 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 ma}^ act, and (3) to bring together in compact and con- venient form the provisions of the statutes of each State which have ])een found effective in order that persons interested in new game legislation ma}^ know the provisions in operation in other States. ALABAMA liaws of 1907, No. 18, p. 12. State game and fish commissioner, election, salary : f^EC. 17. That the mem- Ijers of the senate and liouj^e of representatives of this State shall meet in joint session as soon as practicable after the appi'oval of this act, and in such joint session "Except those of Georgia, Michigan, Nebraska, and Nevada, which have not yet been received. 137 138 GAME COMMISSIONS AND WARDENS. shall duly proceed to elect some person skilled in matters relating to game or fish, State Game and Fish Commissioner, said person shall be known as a State Game 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 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 (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 for his expenses in travelling over the State in the discharge of the duties of his office. Accounts of cGmmissioner, report : Sec. 18. The State Game and Fish Com- missioner shall be provided with a suitable office in the State capitol, and is 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 required to take the constitutional oath of office.] Report: Sec. 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- 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 game and fish. Such report to be published in pamphlet form. Duties of commissioner: Sec. 21. It shall be the duty of the State Game and 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, birds and 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 or in possession or which have been shipped contrary to the laws of this State. Printing, blanks: Sec 22. [Blanks and necessary printing allowed the Commis- sioner, expense payable from game protection fund.] Powers of commissioner and wardens: Sec. 23. The State Game and Fish Com- missioner and his deputies shall have the same power to serve criminal processes as sheriffs and constables. ALABAMA. 139 Wardens' appointment, term, powers: Sec. 24. The State Game and Fish Com- missioner, shall as soon a.s 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 shall be known as county game and 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 deputies 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; before entering upon the discharge of their official duties each county game and fish warden shall give bond in the sum of five hundred dollars, payaljle to the State of 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' conipensation: Sec. 25. Each county game and fish warden shall receive one-half of all fines, forfeitures and penalties collected in the county in which he holds office. And sucli moneys shall be so paid by the courts collecting the same, and the remainder shall be forwarded to the State treasurer and covered into the game and fish protection fund. Publication of g'ame laws: Sec. 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: Sec. 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: Sec. 31. [Requires resident to procure license to hunt outside his beat, ward or voting precinct; fee, $1.00.] Same: Sec. 32. [Requires resident to procure a license to hunt outside the county of his residence; fee, $3.00.] Same: Sec. 33. [Requires nonresidents of the State, and aliens, to procure license to hunt; fee, $15.00.] Game fund: Sec. 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 licen.se issued; the State treasurer must set aside all moneys so received as a game and fish protection fund.] Game and fish protection fund: Sec. 39. All moneys sent to the State treasurer in payment of lumting licenses, fines, penalties and forfeitures, arising under the Ijro visions of this ac;t, 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 Conuiiissioner 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 fimd, and in no event shall the State pay any such salaries or expenses or be liable in any manner therefor except ti) the extent of such game and fish protec- tion fund, and the State (iame 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 cxitenses of any kind unless the money to pay such voucher shall at the time be on hand in the State treasury to the credit of the State game and fish protection fund. 140 GAME COMMISSIONS AND WARDENS. Wardens' compensation in special cases: Sec. 40. Game and fish wardens acting under special instructions shall receive three dollars per day for their services. Report of prosecutions: Sec. 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 l)e 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 l)y 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: Sec. 4-5. All fines imposed under the provisions of this act shall te 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: Sec. 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 facie evidence of the violation of this section. * * * Warden's costs: Sec. 13. That when an arrest for a 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: Sec. 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 a game 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. : Sec. 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 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: Sec. 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 dollars. Approved Feb. 19, 1907. 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 tliis Act or anj"^ of Ihe 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 dollars or imprison- ment not more than three months, or by both such fine and imprisonment, in the discretion of the court: Provided, That upon conviction for the second or any subse- quent offence there may be imposed in addition a fine of fiftj' dollars for any viola- tion of sections one and three, and a fine of one hundred dollars for a violation of section two. Ofl3.cers' arrest, seizure: It is hereby made the duty of all marshals and deputy marshals, 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 in the captuie of such game or birds and found 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: Sec. 171. The governor shall appoint three fish and game commissioners, who shall hold office two years and until their successors are appointed. The commissioners shall receive no compensation for their services. Duties of business agent: Sec. 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 of this title, and to conduct the correspondence and take charge of and safely keep the reports, books, papers, documents, etc., which maybe collected by the commis- sioners, and to prepare an annual report of the board to the governor, which report shall contain sucth recommendations for legislative action as the commissioners may deem best calculated to promote the cultivation and increase of game and tiie food fishes in the Territory of Arizona. Duties of commissioners; Fish: Sec. 17.'5. [Duties of commissioners respecting fish culture.] Duties of commissioners; Game: Sec. 174. It is the duty of the fish and game commissioners: (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 deerai necessary, without cost to the territory, which persons so appointed as assist- 142 GAME COMMISSIONS AND WARDENS. ants shall have all powers ami authority of sheriffs to make arrests for violation of such laws throughout the territory. (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 ])irds that are natives of this territory. * Posting lands; Penalties: Sec. 17o. They may cause notices to be posted upon private grounds at the request of the owner or le.ssee of such grounds, that shooting or fishing therein is prohibited, and when such notices are posted by authority of such commi.ssioner, 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 by them expended in carrying out the objects of this chapter. Laws of 1905, chap, 25, p. 29. Prima facie evidence: Sec. 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 than a net, snare, traj) 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: Sec. 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: Sec. 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 T>eace officers of this Territory for that purpose. Peace officers: Sec. 26. * * * It is hereby made the duty of any peace officer to arrest any person or persons violating any of the jjrovisions 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, ui)on convic- tion thereof, l)e 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. ARKANSAS. Dig-est 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 Avarden 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. ARKANSAS CALIFORNIA. 143 ment as deputy sheriffs. It shall be the duty of the game warden or any constable or deputy, to make arrests, and i^rosecute 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 go to that game warden or deputy or constable making the arrest and securing the conviction. Arrest: Sec. 3623. Any justice of the peace upon information received that any of the provisions of this act have been or are Ix-ing violated, shall issue his warrant of arrest directed to any sheriff or constable, or other peace officer, connnanding 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 l)e fined in any sum not less than fifty nor more than one hundred dollars, and be removed from office. Refusing- or opening' packages: Sec. 3626. Common carriers may refuse any package which they may suppose contains fish or game designed for export and may cause said package to be opened, or may satisfy themselves in any other way that said package does not contain game or fish.« CALIFORNIA. Political Code 1897, Art. I, p. 62. Fish, comniissioners: [Sec. 343. There are 3 fish commissioners.] Art. II, p. 69. Appointment: [Sec] 368. The following executive officers are appointed by the Governor, with the consent of the Senate: * * * (3) the fish commissioners [who hold office during the pleasure of the Governor]. Art. XVII. Duties: [Sec.] 042. It is the duty of the Fish Commissioners: 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 jiowers and authority of Sheriffs to make arrests for violation of such laws throughout the State. 7. To provide for the distribution and j)rotection 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: [Sec] 643. The commissioners receive no compensation. Appendix, p. 1031 (Statutes 1895, Chap. CLXV. ) County wardens: Si:c 1. The board of supervisors of each and every county in the state may, in its discretion, at their first meeting held in Ajtril, eighteen hundred and ninety-five, and at their first meeting held in January, eighteen hundred and ninety-seven, and in January every two years thereafter, ai>i)oint a suitable person to serve for the period (if two years from the date of his appointment as fish and game warden of the county, which office is hereby created; * * * Duties: Sec 2. Said fish and game warden shall enforce the sta e laws, * * * relating to the protet'tion of lish and game, and he shall be vested with all the powers of a peace officer to made arrests for the violation of such laws. a See Welle Fargo Express Co. v. State, 96 S. W., 189. 144 GAME COMMISSIONS AND WARDENS. Salary: Sec. 3. The salary of said fish and game warden is hereby fixed, in accordance with the classification of counties, as follows: Salary; Reports; Removal: Sec. 4 [as amended by Laws of 1905, Chap. CCCV]. For counties of the second class [150,000 to 300,000], one hundred and twenty-five dollars per month; for counties of the first and third classes [300,000 and over, 100,000 to 150,000], one hundred dollars per month; for counties of the fourth, fifth and sixth classes [38,000 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 l>e 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. l)efore entering ujion the discharge of his duties, execute a bond wuth 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 INIarch 26, 1895. Penal Code 1897. Prima facie evidence: Sec. 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 substance, is prima facie evidence in any prosecution for violation of the provisions 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: Sec. 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 be paid by the court in which the conviction shall be had into the state treasury to the credit of the game preservation fund, which fund is hereby created, and the moneys in said fund sliall 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: Sec. 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. Production and transfer of license — forfeiture: Sec. 8. Every person having a license as j^rovided 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 lawfully having such license, who transfers or disposes of the same to another person to be used as a hunting license, shall forfeit the same. COLORADO. 145 COLORADO. Laws of 1899, chap. 98, p. 184. Division A. — General Provisions. Department of g-ame 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 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, 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: Sec. 2. [Bond of Commissioner $5,000.] OflQ.ce; Clerk: Sec. 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: Sec. 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 ai^pointments 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 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 sunuuoned 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 l)ond in a sum not exceeding $1,000.00 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: Sec. 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 COMMISSIONS AND WARDENS. G-ame fund; Deficiency: Sec. 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 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: Sec. 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: Sec. 10. [The commissioner required to make biennial report to the governor, co.st of reiwrt n(jt to exceed |200.] Peace ofScers; Arrest; Search: Sec. 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: Sec. 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 jjerson 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: Sec. 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: Sec. 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 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 any person in possession or exercising control over the same, and if required by the COLORADO. 147 commissioner, a writ of replevin shall issue therein without bond. No previous demand for possession shall l)e necessary. In case costs or damages are adjudged in favor of the defendant, the same shall be paid out of the game fund. Neither 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 unlawfully 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: Sec. 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. Division 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 impractical )le or is likely to incur expenses exceed- ing the proceeds, in which case the same shall be donated to any neee liable to punishment as for a violation of said act. Guide's report: Sec. 3. Every guide shall, as often as requested and on blanks furnished by the 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 desirable. * * * Division K. [Added by Laws of 1903, Chap. 112.] Civil action: Sec. 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 against any person unlawfully wounding or killing, or unlawfully in possession of 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, 8200; deer, §50; antelope, $100; buffalo, 81,000; 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: Sec. 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. 1 49 Publication of la-ws: Sec. 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 evidence of the existence of such laws, rules and regulations.] Division L. Imprisonment: Sec. 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 [protecting buffalo] of which justices of the peace shall not have jurisdiction other- wise than as committing magistrates. i Jury trial; Appeals: Sec. 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: Sec. 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 its enforcement, the same at all times to be subject to the supervision and control of the commissioner. Exemption of ■witnesses: Sec. 9. In any prosecution under this act, any partici- pant 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 .came, and his evidence so given shall not be used against him in any prosecution for such violation. i Fines: Sec. 10. All moneys collected for fines under this act shall be immedi- ately 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-thinl 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: Sec. 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 in writing the result thereof and the amount of fine collected, if any, and the dis- position thereof to the commissioner at Denver. Division M. Costs: Sec. 4. When an arrest for a violation of this act is made by a sheriff or consta))le, 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- fully 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 of the state treasury in the same manner as is provided for the payment of the expenses of the commissioner. Fees: Sec. 5. When an arrest for a vi61ation of this act is made by the commis- 150 GAME COMMISSIONS AND WAEDEXS. 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 fee.< as a constable is entitled to in a case of misdemeanor, and if collected from 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: Sec. 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 83 per day for each day actually and necessarily spent in making the sale, wliich 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 ofticer on account of the seizure, transportation or sale. Report of sale: Sec. 7. In all cases the officer making a seizure or sale shall, within ten da>s 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 : [Sec. ] 3094. r)n 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 bv the governor. Compensation: [Sec] 4811. * * * There shall be paid * * * To each commissioner of fisheries and game, three dollars a day, also his actual expenses while officially employed, and a sum not exceeding two hundred dollars a year for the clerical expenses of the commission; * * * (Chap. 284, p. 1152.) Duties; Powers: [Sec] 3095. The duties of the commissioners of fisheries and wame shall be as follows: * * * tlie 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 commissionei-s 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: [Sec] 3096. On or before September first, 1903, and biennially there- after, 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 of his appointment. Peace officers; Special protectors; Search: [Sec] 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- CONNECTICUT. 151 ment, appoint not less than ten nor more than twenty special fish and game pro- tectors for said county, to act under him, who shall hold office until removed by the warden 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 game on the first days of January, April, July, and October in each year, and shall enforce 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 such warrant, places or receptacles of any kind which said officers have reasonable ground to suspect are used for keeping, carrying, or covering game or fish taken or possessed contrary to law. Powers of special protectors: [Sec] 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: [Sec] 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 only as justice may require. Fish and game wardens and special protectors shall not receive any other fees for their services. Scientific collecting, propagation, etc.: [Sec] 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. Powers of justices of the peace: [Sec] 3111. In all complaints for the violation of 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 is.sue 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: [Sec] 3125. * •■ * The reception by any person or common carrier within this state, of any such bird or birds [quail, woodcock, and 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 killdl within the state for the purpose of carrying the same beyond its limits. Destruction of appliances: [Sec] 3130. [Prohibits trapping protected l)irds.] Any such net, trap, snare, or similar device may be destroyed by any person. « Certificates for collecting nongame birds for scientific jmrposes 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 suHicient bond for compliance witli the law. 152 GAME COMMISSIONS AXD WARDENS. Chap. 194, p. 798. Preserves: [Sec] 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: [Sec] 3206. [Prohibits destruction of game on state 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 1903, 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 have 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. 153. .\n .\ct concerning the Licensing of Hunters. Fees: Sec 3. [Resident, $1; nonresident, $10; alien, $15.] Disposition of fees: Sec. 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 ami 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 aufhorized 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 l)rosecution shall be paid out of the fund created by this act. Approved June 27. 1907. DELAWARE. Laws of 1879, vol. 16, chap. Ill, p. 163. An Act to incorporate tlie Delaware Game Protective Association. Delaware Game Protective Association: Sec 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 DELAWARE . 158 members; for the safe keeping of its property and funds, and from time to time to alter and repeal such constitution, by-laws and regulations. Officers: Sec. 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: Sec. 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 l)y 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: Sec. 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 every year: * * * Certificate of inem.bership : Sec. 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: Sec. 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 pi'ovisions 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: Sec. 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 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: Sec. 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: Sec. 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 purchase game birds or fish to be placed at such points in the state as they may determine. Nonresident fees: Sec. 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: Sec. lo. 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: Sec. 10. This act shall be deemed and taken 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. 154 GAME COMMISSIONS AXD WARDENS. Laws of 1885, chap. 507. Prima facie evidence: Sec. 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 Vjeen killed by such per- son in violation of the provisions of this section. Duty of justices of the peace: Sec. 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 ju.sticein 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 examineringing 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 1903, chap. 5293, p. 293. AN ACT To Regulate the Hunting of Deer, Turkey, and other Wild Game in LaFayette County. Arrest without warrant: Sec. 1. * * * Trialsfor violation of this act shall be before the county judge or justice of the peace; and the game wardens of such county are hereby authorized and required to arrest without warrant any person violating the provisions of this act and to take him forthwith before tlie nearest justice of the peace or county judge to be dealt with according to law. FLORIDA GEORGIA. 157 Wardens for LaFayette County: Sec. 2. There shall l)e appointed by the Governor upon the passage of this act in said county of LaFayette two game wardens 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 1903, chap. 5251, p. 244. License fees: Sec. 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 they 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 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 forfeiture fund. * * * Provided, That the provisions of this act shall 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 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. 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. AN ACT To Further Protect Wild Deer and Wild Turkeys in the County of Polk, and Provide a Game 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 laws of said State and the provisions of this Act in said County of Polk, and to ap- point 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- izing the appointment of a warden for Hernando County, ])ut the text of the act was not available in time for incorporation in this bulletin.] GEORGIA. « Laws of 1903, No. 447, p. 102. Prima facie evidence: Sec. 9. * * * That in all cases of arrests made for the violation of any of the i)rovisions 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. Wardens; Deputy wardens: Sec. 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 some citizen of said County who is a (jualified voter thereof as Game Warden for said a Laws of 1907 not received. 158 GAME COMMISSIOXS AND WARDENS. County, which appointment shall be for two years or until his successor is appointed and (jualitied. [Warden must take the oath to perform his duties.] Said Warden may be removeaid to the person filing the complaint in such action, and the remaining one-half to the game protection fund. Limitation: [Sec] 9. All prosecutions under this act shall be commenced within six month.s from the time such offense was committed and not afterwards. Fines: [Sec] 10. [As amended by Laws of 1907.] * * * The one-half of all fines imposed and collected under this act shall be paid to tha informer, and the bal- ance shall be paid to the game protection fund. Approved April 28. 1903. INDIANA. Laws of 1899, Chap. XXXI, p. 44. Commissioner: Sec 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 wdio shall hold his office for four years, subject to removal by the Governor for incompetency, or other cause that would render him an improper per- son to longer hold the office. Duties; Powers; Deputies: Sec. 2. * * * Said Commissioner shall inquire into the best methods of preserving and propagating the game birds and song birds now in this State and shall introduce such varieties of food and game birds, foreign to 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 enforced, 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 the powers given to any Township Trustee or Koad Sujtervisor for the enforcement of said fish or game laws, and shall have power to appoint a deputy or deputies in 166 GAME COMMISSIONS AXD WARDENS. any county oi 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/' Arrest: Sec. 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 S2,000 tor 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 eflBciency and value of fish and game culture to the citizens of this State. Compensation, Prosecution: Sec. 7. That said Commissioner shall have and receive for his services the sum of 81,200.00 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 oflice 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 Commis-sioner 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: Sec. 1. Be it enacted by the Oeneral Assembly of the State of Indiana, That it shall Vje the duty of the road supervisors to arrest or cause to be arrested and to prosecute 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: Sec. 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 ami 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: Sec. 15. * * * The Commissioner of Fisheries and Game shall be permitted to employ assistants or deputies, if the fund so provided issufticient 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. , a See sec. 626, Laws of 1905. INDIANA IOWA. 107 Laws of 1905, chap. 169, p. 584. An Act concerning public offenses. Common carriers: Sec. 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: Sec. 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 sTiown 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 ofifense : Sec. 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 punishalile as such. Each day separate offense: Sec. 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: Sec. 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 ofl^cer 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 provisions 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 created 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 council under oath of all moneys expended and for what purposes, and of the num- 168 GAME COMMISSIONS AND WARDENS. ber and varieties of fish distributed, and in what waters. It shall be the duty of the fish and game warden, sheriffs, constables, and police officers of this state to seize and take possession of any fish, birds, or animals w'hieh 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 of any fish, birds, or animals, caught, taken, killed, had in possession, under control, or shipi^ed 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 jirocess 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: Sec. 255-1. It shall be unlawful for any person, company or corporation to Ijuy 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: Sec. 2559. [As amended by Laws of 1898, chap. 61.] 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 eounty 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 comi)lained 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 ofiice 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: Sec. 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: Sec 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. IOWA KANSAS. 169 Laws of 1900, chap. 86, p. 64. 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 hcense money 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 law 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: Sec. 1. Immediately after the taking effect of this act the governor shall apjioint, and every four years thereafter, a state fish-and game-warden, who shall be a citizen 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 dcjllars per annum. Propagation; Report: Sec. 2. The fish-and game-warden shall have the man- 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: Sec. 3. The state fish-and game-warden shall, immediately after his aiipointment, 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. Powers; Fees: Sec. 4. The state fish-and game-warden and each of the deputy fish-and game-wardens shall have the jjower 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 proj^er 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 constaVjles. Production of license: Sec. 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: Sec. 14. In a prosecution of any person or persons for a violation of any of the provisions of this act, it shall not be necessary to state in the complaint 170 GAME COMMISSIONS AXD 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: Sec. 15. The having in possession by any person or per- sons, company or corporation of any Ijird named in section 7 of this act [partridge, grou.se, 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 lawfully killed the same, * * * shall be prima facie evi- dence of the violation of the provisions of this act. Penalty; Separate oflEense: 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 thereof 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 l)e 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: Sec. 18. It shall be the duty of all constables, marshals and police oflUcers 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 probal)le cause; provifled 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: Sec. 19. That if scny 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 hav- 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: Sec 21. Itshallbetheduty 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 refuse 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. KANSAS KENTUCKY. 171 Laws of 1903, chap. 320, p. 494. Reward: 8fx. 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]. Laws of 1907, chap. 218, p. 339. [An act for protection of Hungarian partridges, English, Jlongolian and Chinese pheasants for six years.] Prima facie evidence: Sec. 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. Barbour & CarroH's Statutes, 1894, chap. 57, p. 718. Prima facie evidence: Sec. 1950. The possession of any (jf 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 unlaw-fully caught or killed and the possession thereof unlawful. Separate offense: Sec. 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: Sec. 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: Sec. 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 provisionsof 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 ])e held guilty of misfeasance in office, and sliall, on conviction thereof, be punished by fine not less than twenty nor more than fifty dollars for each offense. * * * Acts of 1904, chap. 68, p. 150. Wardens: [Sec] 1. The oflfices of fish and game wardens are hereby created. Appointment: [Sec] 2. The county judge of each county shall appoint one or more fish and game wardens for each county in the State, who shall h(dd office and 172 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: [Sec] 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. Each 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: [Sec] 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: [Sec] 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: Sec. 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: Sec 14. [Establishesa$25 market-hunting Ucense fornonresidents 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 l)irds 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. 173 Game wardens: Sec. 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 ])erson 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 ma_v 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: Sec. 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 i)ersons, 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 : Sec. 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 conunissioners of inland fisheries and game to be the chairman thereof, and he shall be designated and conmiissioned 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 : Sec. 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 V)e paid out of license fees. Quarterly payment: Sec. 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 COMMISSIOXS AND AVARDEXS, Revised Statutes, 1903, chap. 32, p. 351. Duties: Sec. 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 Decendjer of each year, report to the governor, who shall cause three thousand copies of said report to be printed. Powers: Sec. 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, mav 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 l)y 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 Ije paid by the petitioners. Whenever they deem it for the best interests of the state, after like notice and hearing, they may entirely pro- hibit the taking of any kind of game or inland fish, in any part of the state, for a series of years not exceeding four. They may adopt and, from time to time, modify or repeal such needful 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. Reg-ulations: 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 anv <)f 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 sui'h 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 he recovered by complaint or indictment; and one-half of said fine shall l)e paid to the prosecutor. Propagation, etc. : Sec. 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 oflice for a term of three MAINE. 175 years iinle!:is sooner removed, and who shall enforce all laws relatino: 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 thev 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 jienalties 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: Sec. 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 ileputy wardens shall be in writing, and they shall have the same powers and be subject to the same laws, as wardens appointed by tlie governor and council. Peace oflB.cers: Sec. 51. Sheriffs, deputy sheriffs, 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.: Sec. 52. [As amended by Laws of 1905, chap. 141.] The commissioners and every warden throughout the state shall enforce the ])rovi- 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 Ijirds 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 i.ssue 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 iu writing, notify the superintendents of all transportation companies doing business within the state of the names of the wardens In' 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: Sec. 53. Any officer authorized to enforce the inland fish and game laws may recover the penalties for tlie 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 connnitted, or in any ail joining county, and the plaintiff prevailing shall recover full costs without regard to the amount recovered. Jurisdiction; Malicious arrest: Sec. 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 countj' where the offense was com- mitted, or in any adjoining county, for a warrant and trial. Jurisdiction in such 176 GAME COMMISSIONS AXD WARDENS. cases is hereby granted to all trial justices and all other courts to be exercised in the 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 liaVjle upon complaint or indictment, to a fine not exceeding one hun- dred dollars, or imprisonment not exceeding three months. Jurisdiction: Sec. 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. « 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 l)y 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: Sec. 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: Sec. 59. Each county attorney shall prosecute all violations of this chapter occurring within his county, when such cases may come to his knoAvledge, or when he may be so requested by the commissioners or any officer charged with its enforcement, the same 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 officer making the seizure or sale of fish, game or birds shall within ten days thereafter, report all the particulars thereof and 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: Sec. 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, lorovisions of the game and fish hiws of this State. In the event of linding 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 ])rescribed in Sections 43, 44, 45 and 46. * * * Warden's badge: [Sec] 40. The game warden and deputy game warden shall, when acting in his otticial capacity, except when on detective duty, wear in plain view a metallic shield with the words " Game Warden " or "Deputy Game Warden," as the case may be, inscribed thereon. * * * Dismissal: [Sec] 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 l)e 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 hx-al 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 M'arden 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: [Sec] 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 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 f(jr 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. Proceeding-s: [Sec] 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 not contrary to law, then the judgment shall be that the same be returned to the person or corporation from whom the same was taken. An appeal to the circuit court for the county, or the Baltimore city ct)urt, as the case may be, may be taken 4358— No. 28—07 13 180 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: [Sec] 45. Incaseof 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 theother at 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 also a 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: [Sec] 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: [Sec] 47. The game warden and the deputy game wardens shall not be liable for anv damage or costs sustained by anv 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: [Sec] 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 oflBicers to render the required assistance as in other State cases. Liability of accessory: [Sec] 5. Any person aiding or abetting another by fur- nishing a boat or fioat 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: [Sec] 6. Any oflicer 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. MARYLAND. 181 Prima facie evidence: [Sec] 7. The said officers shall carry the person or per- sons 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, boats, floats, canoes or crafts employed as aforesaid or in the possession or use of the persons charged shall be considered as prima facie evidence of guilt. Proceedings: [Sec] 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: [Sec] 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; and the 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: [Sec] 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 craft 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 appeal bond immediately to deliver 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: [Sec] 11. If resistance be made to the officer engaged in mak- ing such arrest or seizure, such resistance shall be deemed a misdemeanor, present- able by the grand jury of the county, and punishable in the circuit court therefor by fine and imprisonment as other misdemeanors are punished. Disposition of proceeds; Exception: [Sec] 12. After the payment of the costs of the prosecution of the offenders, the balance arising from the fine and 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, ami 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 thereof. Confiscating gun: [Sec] 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 execute warrants, and the forfeiture and destruction by any justice of the peace before whom such gun shall be produced. 182 GAME COMMISSIONS AND WARDENS, Prima facie evidence: [Sec] 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 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 j^rior 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 g-uns; Prima facie evidence: [Sec] 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: [Sec]- 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 in all cases where such prosecutions are begun ot 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 oiher 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: Sec. 2. There shall be a board of commissioners on fisheries and game consi-sting of three persons who shall be api)ointed 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: Sec 4. The commissioners and their deputies, mem- l^ers 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: Sec 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: Sec. 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: Sec. 20. [Asamendedby Laws of 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: Sec. 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: Sec. 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 cases shall, upon complaint under oath that the complainant lielieves that .iny 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. 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 : Sec. 2. * * * The said license shall not be transferable, and shall be exhibited upon demand to any of the commissioners on fisheries and game or their deputies, and to any game warden or de])uty game warden, and to any sheriff, constable, police officer or other oflieer 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: Sec. 4. No license shall be valid unless the signature of the i)erson to whom it is issued is written thereon, and every such person shall at all times when hunting catry his license on his person, and shall at all reasonable times and as often as requested produce and show such license to any person reijuestiug him to do so, and if he fails or refuses so to do he shall forfeit the license and l>e deemed to be hunting in violation of the provisions of this act. Failure to produce license ; Arrest without warrant : Sec. 6. The commis- sioners on fisheries and game, and the detectives in their employ, shall have the right, 184 GAME COMMISSIONS AND WARDENS. after demand and refusal or failure to exhil^it 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 oflBcer shall be deemed a non-resident. MICHIGAN. « Compiled Laws, 1897, chap. 150, p. 1800. State g-ame warden; Appointm.ent: (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) Sec. 2. « It shall 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 protection and 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) Sec. 3.6 Said warden may make complaintand cause i^roceedings to be commenced against any person for the violation of any of the laws for the protection or proi)agation of game or fish without thesanc;- tion of the prosecuting attorney of the county in which such proceedings are com- menced, and in such case he shall not be oljliged 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 evi- dence of tl)e 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 game and 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 shijiped 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 bg 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. Charlevoix Circuit Judge (Mich.), 72 N. W., 982. MICHIGAN". 185 or 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 l)efore 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) Sec. 4. Said gameand fish warden shall have the same power to serve criminal process as sheriffs, and shall have the same riglit 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 tlie aforesaid laws fur 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 witliout delay to hear, try and determine the matter, and the same proceedings shall be hal as near as may be, as in 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 having jurisdiction, and proceeded against as soon as may l)e, on a week day following the arrest. Report to auditor-general: (5757) Sec. 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 ad 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 tlie legislature.] Deputies; County wardens; Resisting- ofl&cer: (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 the warrant of the Auditor General, on the approval of itemized vouchers thereof, verified under oath and certified by the game and fisli warden; but the num):»er 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 siiall not exceed the sum of two thousand dollars. Said game and fish warden shall also have power to appoint in each count)' 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 ccjunties, * * * 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 Ije deemed guilty of a misdemeanor. * * * Disposition of license fees: (5797) Sec 6. [As amended by Laws of 1905, No. 225.] Such [county] clerk shall retain for his own use out of tiie moneys received for each [resident and ;ionresident deer] license issued the sum of twenty-five cents, which 186 GAME COMMISSIONS AND WARDENS. shall cover the swearing of the applicant to the affidavit herein referred to, and all other services under this act and shall pay the balance to the -county treasurer of his county on the first day of March, JNIay, 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 rlullar 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 oujt 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) Sec. 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) Sec. 4. The possession or having under control of any kind of bird, game or fish, the killing of which is at any time or 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 ^ame, that it was killed outside of this State. Whenever it shall appear that any bird, game or fish of a kind, the killing of which is at any time or at all times prohibited T)y 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 evMlence 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: Sec. 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 MICHIGAN. 187 monthly 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: Sec. 2. Said Game and Fish Warden shall have 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 tlie warrant of the Auditor General, on the approval of his vouchers therefor by the State Game and Fish Warden. Bond: Sec. 3. [State Game Warden shall give bond in the sum of $5000.] Acts of 1905, No. 257, p. 370. kn act to revise and amend the laws for the protection of game and birds. Prima facie evidence : Sec. 6. [Possession of deer, or fawn, or skin thereof in red or spotted coat, is prima facie evidence of illegal killing.] Prima facie evidence: Sec. 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: Sec. 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: Sec. 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 a time, 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: Sec. 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 liaV)le 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 refeiTcd 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 AND WARDENS. person or principal shall be liable for any violation of any of the provisions of this act, by his agent, servant or employe, done under Ids direction or knowledge. Disposition of license fees: Sec. 27. [Fees for export licenses are paid into the State treasury for use in payment of the State Game and Fish Warden and his deputies.] Audubon Society wardens: Sec. 28. It shall be the duty of the State Game and Fish Warden and all deputy wardens, sheriffs, deputy sheriffs and constables, to 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 shall 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 iNIichigan 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 ai^pointment to fill such vacancy. In pursuance of this provision the said Micliigan Audubon Society shall file a bond with the Secretary of State in the amount of one thousand dollars, with sufficient sureties, approved liy the Secretary of State. Penalty: Sec. 29. * * * and in all cases when a fine and cost is imposed the 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: Sec. 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. Office: Sec. 2. Said commission shall have an office in the capitol and be supplied with suitable stationery, a seal and blanks and postage for the transactions of its business. General powers; Duties: Sec. 3. Said commission shall enforce the laws of this 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 — 1. The propagation and preservation of such varieties of game and fish as it shall deem to be of public value. 2. The collection and diffusion of such statistics and information as shall be ger- mane to the purpose of this act. 6. The seizure and disposition of all game birds, game animals and fish, either taken, killed, transported or possessed contrary to law, of all dogs, guns, seines, nets, boats, light, (ir other instrumentalities unlawfully used or held with intent to use, in pursuing, taking, attempting to take, concealing or disposing of the same. MINNESOTA. 189 Reports; Records: Sec. 4. [As amended by Laws of 1907, chap. 469.] Said com- 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: Sec. 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 compensatioi: 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 herel)y 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: Sec. 7. The county attorneys, sheriffs, constables and other jjeace oflicers, 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 aj^pear 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: Sec. 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 l)y the (lommission and filed in the office of the secretary of state, conditioned for the faith- ful discharge of their respective duties, in the following amounts: Second — Each game warden five hundred dollars ($500). Terms defined; Agency no excuse: Sec. 10. The words "sell" and "sale" as used in this chaj)ter shall be construed as meaning any sale of (or) offer to sell or having in possession with intent to sell, Uv«e or dispose of the same contrary to law. The word "person" sliall be deemed to include partnerships, associations, and cor- ]90 GAME COMMISSIONS AND WARDENS. porations, and no violation of any provisions of this chapter shall be excused for the reason that the prohibited act was done as the agent or employe of another, nor that it was committed by or through an agent or employe of the person charged. The word "possession" shall be deemed to include both actual and constructive posses- sion as well as the control of the article referred to. The term "waters of this state" shall be held to include all the boundary waters of the state, and the provisions of this chapter shall be deemed to extend and be in force and effect over, upon and in all thereof. The terms "any part thereof" or "the parts thereof," whenever used in this chapter shall be deemed to include the hides, horns and hoofs of any animal so referred to, and the plumage and skin and every other part of any bird so referred to. The term "fur bearing animals" shall not be deemed to include deer, moose or caribou. Inspection of hotels, etc. : Sec. 11. The game and fish commission and all game wardens shall inspect from time to time, hotels, restaurants, cold storage houses or plants and ice houses commonly used in storing meats, game or fish for private par- ties, including all buildings used for a like purpose, for the purpose of determining whether game or fish are kept therein in violation of the provisions of this chapter. Any person, in possession or control, or in charge of any hotel, restaurant, storage plant or building referred to, or any part thereof, who refuses or fails to permit any member of the game and fish commission or any warden appointed by said commis- sion to enter any such building or any part thereof, or any receptacle therein, for the purpose of making such inspection, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty (50) or over one hundred (100) dollars, including costs of prosecution, or imprisonment in the county jail for a term of not less than thirty (30) or over ninety (90) days for the first offense, and upon conviction for a second offense shall be punished by imprisonment in the county jail for a period of not less than sixty (60) or over ninety (90) days. Contraband game; Seizure; Search: Sec. 12. Any bird, animal, fish or any part therey the state treasurer be paid over for the use of the school fund of the state. Prosecutions; County attorneys; Peace officers: Sec. 9 Prosecutions may be brought by any jjerson or persons in the name of the State of Nebraska, against any 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 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 ofienders on receiving infor- mation of the violation of any of the provisions of this act; and it is made the duty of all sheriffs, deputy sheriffs, constables and police officers, to inform against and prosecute each and every party or parties, i3erson 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 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 than twenty-five dollars nor more than one hundred dollars, for each offense. Approved March 23, 1901. NEVADA." Laws of 1901, Chap. XL VIII, p. 57. Game -warden; Bond: Sec. 1. It is hereby made the duty of the several Boards of County Commisssoners in this State, at their first regular meeting in AjDril, 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: Sec. 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 principal. Reports; Removal: Sec. 3. Said Fish and Game Warden shall report quarterly to the Board of County Commissioners of his county, giving a detailed statement of all arrests made, convictions secured, fines collected, and generally in regard to the management of his ofiice. Such officers may be removed by the Board of County Commissioners for intemperance, neglect of duty or other good and sufficient reasons. Salary: Sec. 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: Sec. 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-: Sec. 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: Sec. 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 said commissioners and paid from the fish and game detective fund. Confiscation: Sec. 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: Sec. 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 ail 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: Sec. 11. [As amended by Laws of 1903, Chap. 11.] Said commis- sioners shall hv 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: Sec. 12. All fines and forfeitures accruing from prosecutions for violation of the fish and game laws shall be paid into the state treasury and placeil to the credit of the fish and game commissioners, and be known as the fish and game detec- 206 GAME COMMISSIONS AND AVARDENS. 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: Sec. 13. The fish and game commissioners, their deputies and detectives, in the performance of their duties shall have the powers of constables, and shall also have authority to arrest, on view, within the limits of the state, any person violating any of the lish and game laws. Prima facie evidence: Sec. 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 i)arts 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: Sec. 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. Laws of 1905, chap. 38, p. 428. An act to require non-re.sidenls to procure a license to hunt. Production of license: Sec. 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 l)e hunting in violation of the provisions of this act. Arrest of licensee: Sec. 9. The fish and game commissioners and the detect- ives in their employ shall have the right, after demand and refusal or failure to 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 for the purpo.se of this arrest any person who shall refuse to state his name and place of residence on demand of such oflScer shall be deemed a non-resident. Disposition of license fees: Sec. 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 shall 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: Sec. 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. NEW JEKSEY. 207 NEW JERSEY. Acts of 1895, Chap. CCXXIV, p. 440. (Gen. Stats., vol. 2, p. 1562.) Fish and game commissioners: Sec. 1. That the present commissioners of fisherien 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 Ije 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 l)y reason of which more than two of the said commissioners shall l)e of the same political party. Duties; Powers; Reports: Sec. 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 Ijoard] 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, 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 as they shall deem useful. Wardens; Bond; Compensation: Sec. 3. That the said board of fish and game 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 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 'shall from tnne 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 the supervision 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 performance of his duties the sum of 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 l)y the said fish and game protector shall be approved of by the said board Iteffirc iiayment. Duties; Powers; Reports: Sec. 4. That the fish and game wardens shall enforce all tiie 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 ofiicial oSee Actof 1896, sec. 1. 208 GAME COMMISSIONS AND WARDENS. acts, and 8hall at the dose of each month make a summarj^ of such record with such 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 monthly to said board the operation of his department during the preceding month, and make such further report as may be required by the said board; * * * Peace officers: Sec. 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 discharge of their duties, call in the aid of any constable, sheriff or other peace officer of this state when deemed necessary; and anj^ 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. Approved March 22, 1895. Acts of 1896, chap. 130, p. 185. Deputies: [Sec] 1. The board of fish and game commissioners is hereby author- ized to appoint such deputy fish and game wardens as such board may deem necessary for the better enforcement of the laws regulating the taking of fish, game and birds. Powers; duties; compensation: [Sec] 2. Such deputy fish and game wardens shall have all the powers and auth()rity conferred by the laws of this state on fish and game v.ardens 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: [Sec] 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 jirotector and the fish and game wardens, and may at any meeting thereafter, for good cause appearing to them, alter such allowance; provided, liowever, that such allowance for expenses shall not in any year exceed the total amount appropriated by the legisla- ture for that purpose. Appropriations: Sec 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 of 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 :\lay 4, 1897. Acts of 1897, chap. 41, p. 109. Enforcement of laws: [Sec] 1. All laws general and special, for the protection of fish, game and birds, or in any manner prohibiting 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 Laws of 1905, chap. 86.] Justices of the peace, district courts and police magistrates shall 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 NEW JERSEY. 209 every penalty prescribed for sufh violation may be enforced and recovered before any justice of the peace, district court or police magistrate, either in the county where the offense is committed or where the offender is first apprehended or where he may reside; and nothing contained in any law heretofore passed shall be con- strued to prohibit justices of the peace residing within the limits of any city where a district court is or may be established from exercising jurisdiction under this act. Arrest; Trial; Commitnient: [Sec] 3. Such justice of the peace, district court or police magistrate, upon receiving complaint in writing, duly verified, of the viola- tion of any law specified in the first section of this act, or of any of the provisions thereof, 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 complained 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, ui^on conviction, shall impose upon the person or persons so convicted the penalty or penalties prescribed, together with the cost of ])rosecution, 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 justice, 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 i)aid. 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 specified in the first section of this act, or of any of the provisions thereof, by any corporation 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- tector, or deputy fish and game warden of this state requiring such corporation or cor- porations 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 ^t least five days before the time of appearance men- tioned therein, and thereafter all proceedings shall be the same as in cases against individuals, except where a different procedure is provided by this act. Arrest; Complaint; Trial: [Sec] 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 constable, 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, distri(;t 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- cence 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- son or persons was or were arrested. Fees; costs: [Sec] 6. In any action commenced under the }>rovisions of tliis act the prevailing party shall recover costs against the other; and tlie same fees and costs shall be allowed therein as in trials before justices of the peace holding court for the trial of small causes. Adjournment: [Sec] 7. Any hearing to ])e held pursuant to this act may, for good cause shown, be adjourned for a period not exceeding thirty days from the return of any warrant of the time of appearance mentioned in any summons, or from the date of any arrest without warrant, as the case may be, but in such case it shall be the 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 : [Sec] 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: Sec. 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 such proceedings, and deliver to the justice, district court or police magistrate a bond to the opposite party, in double the amount of the judgment appealed from, with at least one suflScient 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: Sec. 10. [As amended by Laws of 1905, chap. 86.] Whenever an appeal shall l)e 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 ^nd 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: Sec. 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. Judgment: [Sec] 14. Any judgnient 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: [Sec] 15. Proceedings under this act may be instituted on any day of 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. Proceedings: [Sec] 16. All proceedings for the recovery oi 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 pi-oceedings shall be instituted l^y any person not a duly commissioned NEW JERSEY. 211 fiyh anil game warden, or a deputy fish and game warden, or a police officer, or a constable, or a member of any incorporated tish and game protective association, or the fish and game protector of this state. Approved ^larch 29, 1897. Acts of 1902, chap. 207, p. 657. Searcli; Seizure; Disposition of g-ame; Nonliability: Sec. 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- veyance, vehicle, fish-box, fish-basket, game-l)ag or game-coat, or other receptacle 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 Ijelieving 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 jiackage 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 birds, 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 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. Pleading's: Sec. 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: Sec. 1. [Requiresnonresidents to procure hunting licenses. Fee $10.] Production of license; Arrest; Seizure; Sale of implements: Sec. 2. Any game protector or game w arden shall have the right, after demand and refusal or failure 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 have been 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 tlu^ arrest is made and to proceed against him or them in the manner pre- scribed 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 jirosecution; and in case such per.'^on or persons shall be convicted and shall fail 4.%8— No. 28—1)7 15 212 GAME COMMISSIONS AND WARDENS. to make payment of the said penalty and costs within ten days from the date of such conx-iction, 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 : Sec. 3. No game iirotector 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 : Sec. 8. [As amended 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 everv court and place, be deemed prima facie evidence that the same are unlawfully in possession. Prima facie evidence: Sec. 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 cqurts and places of the fact that they are in possession unlawfully. Approved April 14, 190.3. Acts of 1905, chap. 87, p. 184. Conviction: [Sec] 1. The conviction 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, \ CI / So. OUNTY OF , J Be it remembered, that on this day of , 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- trate, as the case may be), convicted of violating the section of an act of legis- lature of said state entitled "An act for the protection of certain kinds of birds, game 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 l)e 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 be), upon complaint made l)y ; and further, that the witnesses in said proceeding who testified for the plaintiff were (name them), and the witnesses who testified for the defendant were (name them); whereupon said justice of the peace (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 court or police magistrate before whom the conviction is had. Approved March 31, 1905. NEW MEXICO. Laws of 1903, chap. 48, p. 74. Game warden; Bond; Salary: Sec. 1. Within thirty days after the passage of this act, there shall be appointed by the governor of the territory of New ^lexico, 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 and qualified, and whose duties shall be prescribed by this act. [Warden must JSiEW MEXICO XEW YORK, 213 take oatli of office aild give bond <>( ^2,000.00, and is allowed salary of $1800.00 per annum payable as are salaries of other territorial officers.] Deputies; Compensation; Duties; Powers: Sec. 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 were appointed, and who shall be specially charged with the duty of enforcing the 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 « imposed ui)on prosecutions procured or instituted by them, and convictions secured thereunder, for violation of the game and fish laws of this territory, and each deputy so appointed shall qualify by filing with the game and fish warden of 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: [Sec] 1. The forest, fish and game commission shall, except as in this act otherwise provided, consist of a single 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 conunissioner shall after January first, nineteen hundred and three, appoint a deputy commissioner who shall receive an annual salary of two thousand five hundred do''.ars 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 l)e approved by the comptroller, conditioned for the faithful performance of his duties and to account for and pay over jjursuant 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 fur the school fund of the county.] 214 GAME COMMISSIONS AND WARDENS. removed l)y the commissioner who may in like manner appoint as nccessor. The terms of office of the commissioners of forest, fish and game now in office, shall terminate ni)on the appointment and qualification of such connnissioner. Laws of 1900, chap. 20. Article VIII. Office; Secretary; Superintendent of forests; Clerk: [Sec] 154. [Asamcnded 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 neey the commission. Special game protectors: [Sec] 176. The commission may in its discretion ai>point a perscni 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- 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 rigid to search without warrant, but shall not receive pay from the state. They shall make reports in the same manner as game protectors. Monroe county protectors: Secs. 176a-e. [Added by Laws of 1905, chap. 660. — Four special game protectors shall l)e appointed for Monroe County, on April first of each year, upon recommendation of the board of supervisors of tlie county. It shall be the duty of such special game protectors to arrest persons found setting, using, or in i)ossession of imlicensed nets or other illegal fishing devices, and to report monthly to the forest fish and game commission and to the, board of supervisors of ^lonroe County the mnnber of nets captured, and arrests made, together with result of trials, and statement of expenses and disbursements.] Peace officers: [Sec] 177. Peace f)flicers shall have the same powers as game protectors under this act, except the right of search without warrant. Disposition of nets, etc.: [Sec] 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 jiurpose of taking tish or game in violation of this act, are herel)y declared to be [jublic nuisances and shall be summarily destroyed and abated l>y any game i)rotector, or may l)e by a j^rivate person; pro- vided, however, that tlie forest,, fish and game commissioner may direct a game 216 GAME COMMISSIONS AND AVARDENS. protector to retain certain nets or seines for the use of the State fish hatcheries. Jfo action for damages shall be maintained for such seizure, retention or destruction. « Article X. Actions; Counsel; Attorney: [Sec] 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 otfice 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 Vje 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 iu justice's courts, may V)e 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: [Sec] 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: [Sec] 188. [As amended by Laws of 1907, chap. 96. ] A private 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 ))e 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 sui'h 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. IMotion papers in such an aj)plication shall l)e entitled in both actions. Execution: [Sec] 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: [Sec] 190. Courts of special sessions and police courts in towns and villages, and the several courts in cities having jurisdiction to try misdemeanors as provid(^d bj' section fifty-six of the code of criminal procedure, shall in the first instance have exclusive jurisfliction 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. oSee Lawton r. Steele (N. Y.), 152 U. S., 133; 14 S. C, 499. NEW YORK NORTH CAROLINA. 217 Search, warrant: [Sec] 191. Any justice of the peace, police justice, county judge, judge of a city court or magistrate having criminal jurisdiction, shall if it ai)pear 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: Sec. 193. [As amended by Laws of 1903, chap. 353.] No 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 a crime. 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 for the violation or violations of this act respecting which he has so testified, and may plead or prove the giving of sui-h testimony in bar of such an indictment or con- viction. Prima facie evidence: Sec. 4. [As amended by Laws of 1906, chap. 478.] Wild deer or venison shall not be possessed or sold from Novemlier 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: Sec. 9. [As amended by Laws of 1901, chap. 545. Prohibits hounding deer.] If 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. : [Sec] 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: [Sec] 1862. J. Y.Joyner, T.Gilbert Pearson, R. H.Lewis, A. H. Boyden,H.H.Brimley, P. D. Gold, Jr., J. F. Jordan and R. N. Wil- son are hereby created a body politic and corporate under the name and style of the Audubon Society of North Carolina, and by that name and style they and their asso- 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 i»urpose, consistent with the charter; and such property shall be exempt from taxation; to make rules and by-laws; U> have and to use a conunon 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: [Sec] 1863. The officers of said corporation shall l)c a president, vice- president, secretary and treasurer, and suc-h other officers as may be fixed by the by-laws. Objects: [Sec] 1864. The objects fur 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 n)an 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. tles?truction 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 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 provienses shall be i>aid to them on their own certificates, severally. Powers; Duties: Sec. 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 proi)agation of song and insectivorous birds, game birds, game animals anh within the Statt^ and in and upon the waters thereof. It shall be the dntv of tin- comniissioners to enforce, by proper legal action and proceeding, the laws of the State relating to tlu- protection, preservation and propagation of song 222 GAME COMMISSIONS AXD WAEDENS. and insectivorous birds, game birds, game animals and fish, and to carry into effect all such measures in this behalf that they deem necessary so far as means are placed at their disposal for these purposes. Chief warden; Deputy and special wardens; Bond; Compensation: Sec. 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 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 jjerform 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 oflfices 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 nut to exceed fifteen hundred dollars per annum, ami, in addition, his expenses (not exceeding one thousand dollars) incurred in the discharge of his duties. 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 i)urposes, as they may deem proper. Powers; Duties; Peace officers; Prosecuting attorney: Sec. 6. It shall be the duty of the chief warden, special wardens, and deputy state wardens to enforce the provisions of this act, anut in no case where such discontinuance shall l)e directed shall any costs be charged or chargeable to the prosecution. Auditing: accounts; Report: [Sec] 2055. All salaries and expenses incurred under the provisions of this act shall be audited by the secretary (if 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 in such accounts. The state game and forestry warden shall annually, on the first day of December, make a report to the governor of the operations of his department during the preceding year. Arrest; Trial: [Sec] 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, ^nd take such per- sons before any court having jurisdiction of the offense, who shall jiroceed without delay to hear, try, and determine the matter, and enter judgment according to the allegations and proofs. Disposition of market hunting license fees; Record; Report: [Sec] 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 is.e;ued, and shall report the same to the governor annually. ^ Prima facie evidence : [Sec] 2045. * * * and proof of the possession of any of the aforesaid wild animals, wild fowl, or game birds at any time when it 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: [Sec] 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 i)roceedings shall have l)een commenced, and the district attorney or treasurer of said county, ui)on 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, constal)le, 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 f(jr in this act, ) who causes to be brought the action or proceeding in which such fine or penalty sliall 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 attoiiiey, justice <>f the peace, or judge who i)rosecuted 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 line; 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 [iro- ceeding. All money thus paid into the treasury of any county over and above the amount necessary to reimburse the county for any expense incurre7. 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 bj' him or them pursuant to the foregoing sections of this act, the costs of suit incurred by him or them shall be a charge upon the proper county, and shall be audited and allowey 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 jsrovided 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 upon 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 re(;eipts and expenditures of the Society for the year. Every non-resident or alien person shall carry with him his license, and shall, upon demand exhil)it 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 reasonaljle 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: Sec. 10. The Governor of the State shall, upon the passage of this Act, uj)()n the recommendation of the Audubon Society of South Caro- lina, appoint from time to time bird, n(jn-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 oi the Audubon Society and to each person appointed as a warden, and shall transmit such connnission 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 is a 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 Ht persons for said posi- tions. The compensation of said wardens shall be fixed anroveil Feb. 22, 1905. 248 GAME COMMISSIONS AND WARDENS. SOUTH DAKOTA. Revised Codes, 1903. 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 of game. * * * Prima facie evidence: [Sec] 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 provi- 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 he prima facie evidence of guilt, violation or attemi:>ted 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 placer such appointment may arise. Deputy wardens: Sec. 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: Sec 4. That the State, County, [and] Special Wardens shall each give bond in the sum of five hundred dollars, and the Deputy AVardens in the sum of two hundred and fifty 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: Sec 6. That all Wardens appointed under this Act ave hereby constituted conservators of the peace, and it shall 1)6 their right, power, and duty to enforce all provisions of Chapter 169, Acts 1903, known as the "General Ganae 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 AA'ardens 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: Sec 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. TENNESSEE. 253 without warrants, of offenders and take them before any Justice of the Peace or Criminal Court, there to he dealt with according to law, and as the nature of the case may demand. Acts of 1905, chap. 515, p. 1159. « 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. Acts of 1903, chap. 118, p. 212. [An act to protect non-game birds of Tennessee.] Charge to grand juries: Sec. 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 the provisions of this Act, and upon probable cause, shall make presentment without a prosecutor; 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 1903, chap. 169, p. 374. Arrest: Sec. 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, 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 offender shall be tried and if found guilty, punished as herein provided. Sworn statements; Perjury: Sec. 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. 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 l)e punishable as perjury. Acts of 1907, chap. 185. 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 persons so arrested without delay before some Justice of the Peace, who shall hear the evidence and decide the case; and if the person f>r 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 upcm giving bond and security for tiie amount of the fine imposed and costs, or taking the paupers' oath and giving an appearance bond. All Wardens shall o Section 5 of this Act autlK^rizes the State Warden to import pheasants or other game birds or their eggs for distribution, and to take game at any tiine for propaga- tion or distribution. & The General Game Law. 254 GAME COMMISSIONS AND WARDENS. _ reijort without delay every arrest, and also each case tried, to the Department of Game, Fish, and Forestry. Blank forms for said purpose shall be furnished them by said department. Nothing herein, however, shall be construed to prevent the State Warden from exercising the authority already conferred 1>y law by Section 6, 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: Sec. 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 ])enalties now imposed by law upon those who resist or inter- fere with other officers. Commissions: Sec. 13. That the offices of all County, Special, and Deputy Wardens shall 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 F(jrestry to take new bonds on reappointments of Wardens as well as on new appointments. Seizure; Search; Punishment of wardens: Sec. 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 liinits of the State, then such Warden may, with a warrant, make search for said game and examine any box, Ijarrel, wagon, car, or cold-storage house, or other place or receptacle where said game is supposed to be concealed. And any warden who shall maliciously abuse his j)ower 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 of other consideration of value not to prosecute or enforce any of said laws, shall be liable, upon conviction therefor, to a fine of not less than 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 Legislature of all such receipts and disbursements. TEXAS, 255 TEXAS. Laws of 1907, H. B. No. 379. Game, fish., and oyster commissioner: Sec. 1. Be it enacted by the Legisla- ture of the State of Texas: la 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 shall hereafter perform all the duties imposed by this act and shall have and execute all the additional authority herein provided. It is 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 Comnussioner 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 the 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: Sec. 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. Report: Sec. 4. Said Commissioner shall at the close of each calendar month lile with the Secretary of State a report in writing, stating the service performed l^y 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 Conunissioner 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 l)y this act. Chief deputy: Sec. 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 general ' assistant to said Game, Fish and Oyster Commissioner, and during the absence or sickness or disabilitv of the Commissioner he shall exercise the duties of said Com- 256 GAME COMMISSIONS AND WARDENS. 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: Sec. 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 i)rovided 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 [SI, 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 shall the 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 Ije 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 l)y this act, but shall l)e 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: Sec. 7. The Chief Deputy Game, Fish and Oyster Com- missioner sliall, 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: Sec. 9. At the 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;] prorided, that each sliiiMuent 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 determining whether such package contains any of the articles mentioned herein. Prima facie evidence: Sec. 15. Possession at any time of the year during which the game birds and wild fowls of the State are protected herein, shall he pri7na filcie evidence of the guilt of the person in possession thereof. UTAH. 257 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 untli 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: Sec. 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. Povrers and duties: Sec. 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. He shall have full control of all the property of the State obtained or held for the purposes contemplated by this act. Propagation, etc. ; Report: Se^. 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 oflicial transactions, including the number and kinds of fish distributed and the locality and name of streams, ponds or lakes 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: Sec. 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 office shall be two years and until his successor shall be aiJpointed and qualified. The said Commissioners shall require of each Warden the giving of a bond in a sum not exceeding $1,000.00 fur 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 peoi)le of the State of Utah with sun'ty to be approved by the Commissioners, Provided that the Governor by and with tlie 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. 258 GAME COMMISSIONS AND WARDENS. Duties of commissioner and wardens: Sec. 6. It shall be the duty of the State Commissioner, and also the duty of the Chief Fish and Game Warden to see that all laws 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 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 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 to 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, jjrovided 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 g-ame commissioner: Sec 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 1st 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: Sec. 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- VERMONT. 259 sioner may eEiploy a clerk at an expense not to exceed three hundred and sixty-five dollars per annum. Propagation: Sec. 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: Sec. 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: Sec. 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: Sec. 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 dei^uty 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: Sec. 7. [As amended bj' 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: Sec. 8. [As amended by Laws of 1906, No. 153.] The sum of fifty-five hundred d(jllars is hereby aiipropriated annually for the care and mainte- 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 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 oflB.cers: Sec. 9. The state fish and game commissioner for the state, town grand jurors and state's attorneys shall prosecute for all violations 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 juirpose of this act. Approved December 7, 1904. Vermont Statutes, 1894, chap. 96, p. 382. Search: Sec. 1954. [As amended by Acts of 1896, No. 35.] A justice may grant a 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 taki?ig fish or game, subject to seizure or unlaw fully i)Os.ses.«ed; where the discovery of such articles may tend to con\ ict a 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: Sec. 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: Sec. 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 shall 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: Sec. 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 : Sec. 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 : Sec. 8. [Added by Laws of 1898, No. 108, and amended by Laws of 1904, No. 130.] Dogs of the breed comnjonly 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 inhaVjited 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 ])y close season,] and such game may be seized and shall be forfeited to the prosecutor. Presumptive evidence: Sec. 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: Sec. 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 VERMONT VIRGINIA. 261 game birds, for shipment to a point wittiout the State, shall be prima facie evidence that the same were killed, and are possessed within the State for a purpose other than that of bein^ consumed as food within the State. Approved Novemljer 24, 1896. Laws of 1904, No. 128, p. 167. License; Game fund: Sec. 2. Such [nonresident deer hunting] license shall be issued by the fish and game commissioners of the state upon application in writing and the payment of fifteen dollars; and under such rules and regulations to be estab- lished by the fish and game comm issioners as may be required to carry out the intent of this act. All money received for such licenses shall be forthwith paid to the state treasurer, and may be expended by the fish and game commissioners in the pro- tection of fish and game. Approved October 21, 1904. Laws of 1906, No. 155. 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: Sec. 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 jierson shall be seized l>y any game warden or other officer and held by him as evidence, but the same shall not be destroyed except by the order of the court or justice having jurisdiction, upon warrants duly issued, which said court or justice sliall, upon satisfactory evidence of the guilt of the party, or of the unlawful nature of the article seized, order the same to be destroyed. The possession of any of said guns, sneak boats, nets, traps, reflectors, or other unlawful appliances shall be prima facie evidence of the guilt of the person in whose possession they are found. * * * 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- ful 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: Sec. 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 game wardens, whose jurisdiction shall be confined to their respective cities, and where the bi)ard of supervisors of any county shall, by resolution of record in the minutes of said board, request the judge of the circuit court for said county so to do, the said judge shall, upon the application of five resident freeholders of any magisterial district in said county, appoint one suitable person in such magisterial district as game warden, whose jurisdiction shall be confined to said magisterial dis- trict; when the said ajjpointment is made by the judge, in vacation, he shall certify the same to the clerk of his court, who shall enter the same in the order book of his court in the same manner as if made in term. Term: (2) The said wardens shall hold office for the term of four years from tlie date of their appointment, unless sooner removed from oflice, and shall (.jiialify according to law. Powers; Duties; Arrest; Trial; Warrant: (3) It shall be the duty of said 262 GAME COMMISSIONS AND WARDENS. 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) The several 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 or 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, 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 hav- 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 guilty of a mindemeanor, and on conviction thereof nhall be fined not less than five dollars nor more than fifty dollars. Disposition 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 in 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- visions 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-i?uch warden shall be deemed guilty of a misdemeanor, and upon con- viction thereof, shall be fined not exceeding twenty dollars, and the vacancy thus created 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 fund for the payment of the said regularly appointed game wardens of this State, as herein provided, and the clerk shall, after deducting a fee of fifty cents for issuing such 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 use 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 needed for the purpose above mentioned to the auditor of public accounts, as pro- vided in section twenty hundred and seventy "c." Written permission; Informers; Forfeiture: Sec. 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 liat)le to such owner or tenant in an action for damages, forfeit to the informer three (lollars 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 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 incnirred in apprehending and prosecuting him for the recov- ery of said forfeiture. Seizure; Disposition of seized property; Imprisonment: Sec. 2073. Any person violating either of the two preceding sections may Ije arrested, and the prop- 264 GAME COMMISSIONS AND WAEDENS. erty forfeited under the last section may be seized with or without warrant by any 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, if 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. State warden: [Sec] 7363a. There is hei-eby 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 sujiervision 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 tish 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 officer conferred on county game wardens 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 fish. * * * County wardens; Peace officers; Forest rangers; Search.: [Sec] 7364. It is hereby made the duty of every game warden so ai^pointed, [l)y county commis- sioners] and every 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 Ije their duty to inspect all depots, warehouses, cold storage rooms, storerooms, hotels, restaurants, markets and «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 81,000 per annum for traveling expenses. INIay apply to the attorney general lor his opinion upon any law affecting his official duties. WASHINGTON. 205 all 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 inijuiry said officer discovers that sufficient evidence exists to justify the same, he shall at once instistute proceedings to punish the alleged offenders. Arrest; Trial; Prosecuting- officer: [Sec] 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 re.spective counties. Presumptive evidence: [Sec] 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, snij^e, rail, and plover] or any of the meat of the same, except the number of ducks, geese, brant or snipe permitted to be taken during the month of ^'ovember 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: [Sec] — . 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 jjlaced 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 record for the state. * * * Laws of 1905, chap. 172, p. 349. Chief deputy; Compensation; Certificate; Duties: Sec 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 expenses of travel in the performance of his duty, nut to exceed the sum of seven hundred and fifty dollars ($750) in any one year; and no payment of salary or trav- 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 J,he 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 i)rovisions 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 thereof. County wardens; Salary: Sec 2. The county connnissionei-s 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 (iualifiol 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 perforin 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 (S25) nor more than one hundred dollars (SlOO) per month to be paid monthly out of the game protection fund of such county. Po-wers; Special -wardens; Oath; Responsibility: Sec. 3. All county game wardens shall be e.r-o^c/o 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 countj% 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 tlie 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: Sec. 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. Apjiroved 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 bj' 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 apjjroved by the governor, he shall appoint them deputy game and fish wardens. The deputy game and fish wardens shall receive for 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. WEST VIRGINIA. 267 tuted l)y 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- 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: Sec. 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 in such 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 Ijelieving 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, l)asket or package to be broken open 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 deinities, or other officer or officers, shall l)e 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: Sec. 2797. Said game and fish warden and his depu- ties .«hall have the same power to serve criminal i)ri)cess 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 jurisdiction, and proceeded against as soon as may be, on a week day following the arrest. Reports of deputies: Sec. 2798. Every deputy warden shall at the close of each 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: Sec. 2799. Said game and fish warden shall, in the montli 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 rejjorts, or so umch 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 a misdemeanor, * * * Jurisdiction; Prima facie evidence: Sec. 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 l)y this chapter, shall be presumed to have killeil the same; and the reception by any person within this State of any deer, wild turkey, quail, pheasant or ruffed grouse for shipment to a point without the State shall be prima facie evidence that the said deer, wild turkey, pheasant, or ruffed grouse, were killed within this State, for the purpose of carrying the same beyond its limits. Clerks; Market masters; Peace officers; Duties; Liability: Sec. 2785. [Pre- scribes close seasons for game birds, limits bag, and prohil)its 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 twenty dollars. Prima facie evidence: Sec. 2789. [Prohibits possession and sale of game birds in close season,] and the possession of such birds or game, shall be prima facie evi- dence that the same were killed or caught by such person or persons, having posses- sion of the same, unlawfully within the State of West Virginia. * * * Prosecutions; Attorney's fee; Witnesses; Exemptions: Sec. 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 having jurisdiction, and in any case in which the prosecuting attorney of the county appears, a fee 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 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 commeiicement of the prosecution in which he is examined as such witness. License fees; Production of license: Sec. 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 tish 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, * * * WISCONSIN. Sanborn & Berrymans Annotated Statutes, 1898, chap. 62, p. 1108. State warden; Duties; Salary; Expenses: Sec. 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 is also 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: Sec. 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: Sec. 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 uf 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 \vardens 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: Sec. 1498o. The warden and his deputies shall each have full authority to execute and serve all war- rants anil processes issued by any justice of the peace or police magistrates or l)y any court having jurisdiction uniler any law relating to ffsh 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 i)erson 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 WAEDENS. 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 suljject 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 bj' 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: Sec. 14y8e. 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 eitlier of them that a violation of law has been brought to the attention of such warden or either of his deputies. Attorney- general: Seg. 1498f. The attorney-general and his assistants shall advise the state w^arden 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. District attorney: Sec. 1498g. 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: Sec. 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: Sec. 1498j. 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 g'ame: Sec. 1498k. It shall be the duty of the warden, each of his deputies and of every sheriff, deputy-sheriff, 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 i)ublic 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. 271 visions of law relative to fish and game; and such fish, venison, l)irds, 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: Sec. 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: Sec. 1498o. [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 length 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 t)Iiiid 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 tiie conditions which shall render them public nuisances as specified herein they may be immediately destroyed. Examination of license records: Sec. 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. 2753. Decoys; Hunting license fund: Sec. 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 contral>and, and may be seized and sold to the highest bidder under tiie direction of the game warden, and the net proceeds of the sale to go into the limiting license fund. "See Act of 1907. 272 GAME COMMISSIONS AXD WARDENS. Confiscation of guns, &c. : Sec. 4565c. [As amended by Laws of 1905, chap. 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: Sec. 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 time call for. * * * Special deputies' compensation and expenses: Sec. 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: Sec. 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: Sec. 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: Sec. 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 b\' 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. WISCONSIN. 273 Officer of anoth.er State; Laws: Sec. 24. Any officer of any other state who is 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 oflicer 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 sujiervision 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 thereof. Cold storage warehouse: Sec. 25. [Prohibits possession of game out of 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 or agent any fish or game in his possession during the close season 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: Sec. 27. The state game warden of every other state, and his deputies and all other officers charged with the enforcement of fish and game laws 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 of said state to be shipped or transported and it shall be the duty of the state fish and game warden of this state or his dej^uty, 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: Sec. 29. All such [hunting] license money so received shall be set aside by the state treasurer and shall constitute a fund for the 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 services 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 lial:)le in any manner therefor, except to the extent of such license fees received by it under this act, any contract, 274 GAME COMMISSIONS AND WARDENS. express or implied, of the game warden to the contrary notwithstanding. And said game warden shall not issue any voucher, nor shall the governor approve any voucher, 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: Sec. 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 1903, chap. 437, p. 712. Boat, etc., illegally used: Sec. 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 hereljy declared to be contraband and may be seized, confiscated and sold by any game warden, to the highest bidder, and the net i^roceeds of sale paid into the state treasury and credited to the hunting license fund. Dog's: Sec. 24. * * * Any dog found running deer in this state is hereby declared a public nuisance. Confiscation of hides, etc.: Sec. 25. [Amending sec. 14, chap. 311, Laws of 1899. Prohiljits 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: Sec. 1. All special deputy fish and game war- dens shall, before exercif^ing 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 ability of , of the county of , I do hereby, with the consent and approval of the governor, appoint and constitute him a special deputy fish and game warden for the state of Wisconsin, and do authorize and empower him to execute and fulfill WISCONSIN — WYOMING. 275 the duties of that ofiice according to law until , UiO— , unless this ccnuniis- sion is sooner revoked. In testimony whereof, 1 have hereunto set uiy hand and affixed the seal of my office at Madison, Wisconsin, this day of . Approved. State Fish and (Tame Warden. Governor. Identification card: Sec. 2. The game warden department shall furnish each and every special deputy fish and game warden at the time of his appointment a pocket identification card or folder in form and substance as follows: A leather cov- ered folder, size when folded three by four inches, on one of the inner sides thereof shall l)e securely fastened a photogratih of such appointee to be furnished by him and partly on the photograph and partly of the margin of such folder shall be an impression of the seal of the game warden department; such appointee shall also affix his signature below the photograph on such folder. On the other inner side of such folder shall be securely fastened a miniature true copy of the connnission issued to such appointee which shall be signed by the state fish and game warden. Such appointee when exercising the authority conferred upon him shall on demand of any person to whom he may represent himself as a deputy game warden, exhibit such identification card. When on official duty, such appointee shall at all times carry such identification card on his person. Impersonating- deputy: See. 3. Any person who shall falsely represent himself to he a special deputy fish and game warden or who shall assume to act as such with- out having been first duly appointed as herein provided, shall be punished by imprisonment in the county jail not more than six months or by a fine not to exceed one hundred dollars. Laws of 1905, chap. 405, p. 658. Ferrets: Sec. 2. * * * All ferrets used in violation of this act are hereby declared a public nuisance and may be seized and disposed of by the State fish and game warden in the manner provided by law. Laws of 1907, chap. 287. Sale of confiscated g-ame: Sec. 1. There is added to the statutes a new section to read: Section 45H0a — 11. All pi'otected birds, fowls or animals confiscated by any warden shall be sold at the highest market price, the proceeds thereof to be turned into the State treasury and credited to the hunting-license fund. The State game warden or his deputies shall issue a certificate to the person pur- chasing, certifying that the same was legally obtained from said warden. The person so buying said game shall have three days in which to consume same, but no part thereof shall be re-sold by said person purchasing from said State or deputy game warden, provided that this shall not be construed to prevent any restaurant, club or hotel keeper from buying and serving said game to guests. Said game shall be tagged by the game warden selling same, and said tag shall sIkjw the date of sale and shall be returnerovisions of this title he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not greater than one hundred dollars and shall have his commission revoked. Provided, that nothing in this chapter shall prevent the State Game Warden from appointing such deputies in each county as he deems necessary, as hereinbefore provided. * * * Disposition of fines: Sec. 2125. [Asamended by Laws of 1903, chap. 44.] Upon the arrest and conviction of any person or persons violating any of the provisions of the Game and Fish Laws the whole of the fine shall be paid into the general School Fund. Arrest; Seizure; Sale of seized game; Game fund: Sec. 2126. [Asamended by Laws of 1905, chap. 69.] Any officer authorized to enforce the Game and Fish Laws of this State may, without process, arrest any violator of any of the provisions of this chapter, and such oflicers shall wiih diligence cause such person to be taken WYOMING. 279 before the proper court for trial or examination, which trial or examination shall be had upon complaint or information as now provided by law. Any officer authorized to enforce the game and fish laws of this State may, at any time, seize and take into custody any fish, carcass or part thereof, tusk, hide, scalp, or head which is held in possession in violation of law, or has been obtained in violation of law, and such* game or fish shall be sold to the best advantage, -and the money derived from the sale thereof shall be paid into the State Treasury to be credited to the State Game Fund. Laws of 1907, chap. 47, p. 52. [An act prohibiting capture, destruction or mutilation of game animals for their heads, antlers, horns, or tusks.] Reward: Sec. 2. The State Game Warden is hereby authorized to offer a reward not to exceed three hundred dollars for evidence leading to the arrest and conviction of any person, or persons, violating the provisions of Section 1, hereof, which reward, when certified by the State Game Warden, shall be paid out of the state game funds. Approved Feb. 16, 1907. INDEX, Accidents, hunting, 89-90. Accusation, mode of, 61-62. Action.s, civil, 78-81. injunctions, 80-81. replevin, 78-"9. Administration of game laws, 43-59. Aid in arrest, 50-51. Alabama, law, 137-140. summary, 100-101. Alaska, law, 141. summary, 101. Aliens, 98-99. Alteration of liunting licenses, 84. Appcintment, city wardens, 26. eon mis! ioners, 16. county wardens, 24. district wardens. 26. State wardens, 20. Appropriations, 40-41. 82, 83. in 1905, 10. Arizona, law, 141-142. j-ummary, 101. Arkansas, law, 142-143. summary, 101. Arrest, 43-53. aid in, 50-.51. California, 39. extradition, 51-53. power of, 43. Sunday, 44. trespassers, by landowners, 51. without warrant, 45-49. Attempts to violate law, 43. Attorneys, 60-61. fees, 61. Audubon Society, Michigan, selection of ward- ens, 28-29. North Carolina, warden serv- ice, 18,30. South Carolina, warden serv- ice, 18, 30. Big Lake Shooting Club, 80,81. Bittenhaus v. Johnson, 79. Blinds, nuisances in \Viscf)nsin, 59. Board of fish and game commissioners, first, 12. Board meetings, commissionirs, 17. Boats, seizure, 46, 48, 58, .59. Bohemia River, poli(;eman, 31. Bond, commissioners', 16. county wardens', 24. .State wardens', 21. California, arrests and prosecutiniis. 39. law, 143-145. stmimary, 101-102. warilen system, 27. Cameron r. Territory, 229. Cecil County, .Mii., (ln<'kirig policf, 31. Certilicate of purchase, 67. Charge to grand jury, 83. Cherokee Trust Funds, 91. Chesapeake Bay, ducking police, 12, 31. Chisholm v. Caines, 81. City wardens, 14-15, 26-27. Civil actions, 61, 78-81. Clerks to commissioners and wardens, 24. Cold storage, 90-91. Colorado, law, 145-150. summary. 102. warden system, 27. Commissioners, game, 16-19. Common carrier, right of search, 46, .56. Compensation, commissioners, 16-17. county wardens, 21. State wardens, 25. Complaint, form, 44. Compromise of cases by wardens, 84. Confiscation, game, 56-57. guns. 58, 79. Connecticut, history of warden system, 12-14. law, 150-152. summary, 104-105. warden system, 27. Constables, warden duties, 31-33. Cooperation between States, 88. Cordelia Shof)ting Club, 80-81. Coroners, Avarden duties, 31. Costs, 40, 75. Counselman v. Hitchcock, 70. • County, moose and game warden, 12. wardens, 14-15, 24-25. Customs collectors, warden duties, 32. Decisions, cold storage, 91. confi.scation of guns. 58, 79. destruction of fish nets, 58. disposition of fines, 42, 76. fines, nfit excessive, 71. hunting accidents, 9J. Indians, 91. 92, 93, 93-94, 94, 94-95. injunction, 80-81. property in game 78. rewards, 76, 77. seizure, 79. trespass, 80-81. Bittenhaus v. .lohn.son, 79. Cameron v. Territory, 229. Cherokee Trust Funds, 91. Chisholm v. Caines, 81. Counselman r. Hitchcook, 70. Ex parte Mc.Mahon, 76. Geer v. Connecticut, 78. Haggerty v. St. Louis Ici' Manufactur- ing and Storage Co., 91. Hornbcke r. White, 79. In re Blackbird, 93. In re Lincoln, y3. lu re Stone, 71. 281 282 GAME COMMISSIONS AND WAEDENS. Decisions (cont'd), Kellogg v. King, 80-81. Lawton v. Steele. 58, 216. MeConnell r: McKillip. 58, 79. McMahon v. Sttite, 71. Meul r. People, 57, 76-77. Osborn v. Charlevoix Circuit Judge, 81, 184. Parrott r. Wilson, 77. People V. Johnson, 79. Rockefeller r. Lamora, 81. Selkirk v. Steven.s, 94. State ex rel. Reynolds v. Capital City, D. C, 80. State ex rel. Rodes i'. Warner, 76. State V. Campbell, 93. State V. Cooney, 93-94. State t'. Craig, 71, 176. State V. De Lano. 42, 71, 76. State V. Horton, 90. State V. Lubee, 71. State V. Newell, 91. State V. Poole, 56, 65, 71. State r. Rodman. 71. Thomas v. Northern Pacific Express Co.. 78. United States v. Kagama, 92-93. Ward I'. Race Horse, 94-95. Wells Fargo Express Co. r. State, 143. Deer, penalties for killing, 72-73. Delaware Game Protective Association, 18, 36, 46. Delaware, law, 1.52-1.5o. summary. 105. Disposition of seized gam?, .'>5--56. District of Columbia, law 1.55. summary, 105. warden system. 25. District wardens, 26-27. State retaining, 14-16. Dogs, 8.5-87. destruction, 8.5-80. public nuisance, 86. training, 89. Ducking police of Maryland. 12, 31. Ducks seized in Minnesota. 56. Eastern Shore Game Protective As-sociation, 26. Elk River, Md., policeman. 31. Evidence, prima facie, 65-71. S7)ecial, 65-71. Executive officers of commissions, 18. Ex parte McMahon, 76. Extradition, 51-.53. Fees, 32. 34. attorneys, 61. Felonies under game laws, 62-63. Ferrets, 87. Fines, 32,34,39,71-73. excessive, 65. not excessive, 71. paid to wardens, 84. First board of fi.sh and game commissioners, 12. First fish warden, 11. First State game warden, 12. Fish commission, earliest, 12. Fish wardens, 11. Florida, law, 155-1-5;. summary, 105-106. Forest uingers, 32. Forest service officials. 32. Forestry wardens, 14. Forgery, 84. Fund, game protection, 10, 34-42. Game, confiscation, .56-57. property of State, 78. seizure, 56-58. Game commissions, 15, 16-19. constable, 12. farm in Illinois, 39. laws, number, 9. officials, development, 11-15. protection fund, 34-42. protective association, police powers, 12. societies, warden duties of members, 32. wardens. State. 19-24. Geer v. Connecticut, 78. Georgia, law, 157-158. summary, 106. Grand jurors required to prosecute, 32. Grand jury, charge, 83. Guides, warden duties, 31-32. Guns, seizure, 46, 47, 48, 49, 58, 59, 79. Haggerty v. St. Louis Ice Manufacturing and Storage Co., 91. Harford County, Md., ducking police, 31. Harrison r. Fite, 81. Hornbeke v. White, 79. Hunters, number in United States, 9-10. Hunting accidents, 89-90. licen.ses, alteration. 84. . forfeiture, 85. production on request, 85. revocation, 85. on public lands, 95. paraphernalia, seizure, 46,47,48,49,59. without license, penalties, 72-73. Idaho, law, l.'),s-l(U. summary, 106-107. warden system, 27-28. Illegal appliances, seizure, 58-59. Illinois, game farm, 39. law, 161-165. summary, 107-108. warden .sy.stem, 28. Imprisonment, 74-75. terms provided by statutes, 73-74. Indiana, law, 16-5-167. summary, 108. Indian depredations, .50-51, 96-98. Indians, 91-9S. Informers, rewards, 75-77. Injunction. 80-81. In re Blackbird. 93. In re Lincoln, 93. In re.Stone, 71. Iowa, law, 167-169. summary, 108-109. warden system, 28. Judgment, suspension, 84. Jury, charge, 83. Jurisdiction throughout State, 27. Kansas, law, 169-171. summary, 109. warden system, 28. Kellogg i: King. 80-81. Kentucky, law, 171-172. INDEX. 283 \ Kentucky summary, 109-110. Landowners, arrest of trespassers, 51. ' Laws, publication, 82-83. Laws relating to special points: Arizona, Indians, 92. Colorado, arrest of corporation, 44; repealing clause, 77; suspension of judgment, 81; transportation of seized game, -58. Illinois, form of search warrant, 54; liability for wrongful seizure, .'i9; license, 36. Kansas, search, 55. Maine, State's evidence, 70. Michigan, cooperation with other States, 88; search, 55. Minnesota, cold storage, 90; forfeiture of li- censes, 85; search, .53, .55. Montana, costs, 75; extradition, 52. New Jersey, Sunday arrest, 44. New York, State's evidence, 70. North Dakota, Indians, 92. Pennsylvania, costs, 75. Tennes-see, charge to grand jury, 83. Texas, search by common carriers, 65. West Virginia, search, 55. Wisconsin, extradition, .53; seizure, 59. Lawton v. Steele, .58, 216. License, resident, 35. License system as a source of revenue, 34-46. Limitation, stsitutes, 62-04. Local ofhcers, 31. Louisiana, law, 172-173. summary, 110. Maine, law, 173-178. summary, 110-111. warden system, 28. Marshals, warden duties, 31, 32. Market masters, warden duties, 31. Maryland, law, 178-182. .summary, 112. warden system, 28. Massachusetts, law, 182-184. summary, 112-113. McConnell v. McKillip, 58, 79. McMahon v. State, 71. Meul r. People, 57, 76-77. Michigan, history of license sy.stem, 35-36. law, 184-188. summary, 113-114. warden system, 28-29. Minnesota, law, 188-193. summary, 114-115. warden system, 29. Mississippi, law, 193-194. summary, 115. ^^issouri, law, 194-195. summary, 116. Montana, law, 19.5-200. siunmary, 116-117 warden system, 29. Moose wardens, 11. Nebraska, law, 201-204. .summary, 117-118. Nets, seizure, 46, 47, 48, 59. Nevada, law, 204-205. summary, 119. New Hampshire, law, 205-206. summary, 119. warden system, 29. New Jersey, law, 207-212. summary, 119-120. uniform procedure, 43. warden system, 29. New Mexico, law, 212-213. summary, 120-121. Xew York, law, 213-217. summary, 121-122. warden system, 29-30. Nongame bird wardens, 24-25. North Carolina Audubon Society, 18. North Carolina, law, 217-219. summary, 122. warden system, 30. North Dakota, law, 219-221. license system, 36. summary, 122-123. Nuisances, 59. Offenses, separate, 64-65. Oflfenses connected with hunting licenses, 84. Ohio, law, 221-226. summary, 123-124. Office, 16, 20. Officers, local, 31. miscellaneous, 31-33. special, 31. subordinate, 26-31. Oklahoma, law, 226-229. summary, 124-125. Oregon, law, 229-233. summary, 125. . Osborn r. Charlevoix Circuit Judge, 81, 184. Oyster police boat, commanders, 26, 32. Packers, warden duties, 31-32. Parrott v. \^ ilson, 77. Peace officers, warden duties, 31-33. Penalties, hunting without license, 72-73. killing deer, 72-73. killing quail, 72-73. Pennsylvania, law, 23:i-242. summary, 126-127. warden system, 30. People V. Johnson, 79. Perquisites, 24, 27. Police officers, warden duties, 31-33. Pos.se summoned by wardens, 60. Prima facie evidence, 65-71. Prosecutions, 00-77. California, 39. reports, 77. suspension, 84, Prosecutors, 60. Protectors, 29, 30. Public lands, hunting on, 9.5. Publication of laws and reports, 82-83. Quail, penalties for killing, 72-73. Qualifications of game wardens, 20. Kaft, seizure, 59. Repeals, effect, 77. Replevin, 78-79. Reports, publication, 82-83. Reports of game wardens quoted: California, 1904, 39. Colorado, 1901-2. .50-.51. Missouri, 1905, 32-33. Tennessee, 1907, 21. Wyoming, 1900, 97-98. Revenue-cutter officers, 32. 284 GAME COMMISSIONS AND WARDENS. Rewards to informers, 75-77. Rhode Island, law, 243-244. summary, 127. Rockefeller v. Lamora, 81. Road supervisors, warden duties, 31. Salaries, 26. Sale of confiscated game, 56-57. School fund, 42. Search, with warrant, 53-54. without warrant. 54-55. Search warrant, form, 54. Seasons, uniform, 89. Seized game, disposition, 56-58. transportation, 58. Seizure, 55-56. guns, 46, 47, 48, 49, 58, 59, 79. illegal appliances. 58-59. without warrant, 32. wrongful, 59. Selkirk v. Stevens, 94. Separate offenses, 64-65. Service, term, 16, 20-21. Sheriffs, warden duties, 31-33. Societies enforcing game laws, 18-19. Australia, 18. Delaware, 18, 19. New Jersey, 19. Nova Scotia, 18. 'Sooners,' 88-89. South Carolina Audubon Society, 18. South Carolina, law, 244-247. summary, 128. warden system, 30. 31. South Dakota, law, 248-251. summary, 128-129. Special officers, 31. State ex rel. Reynolds t: Capital City, D. C, 80. Slate ex rel. Rodes v. Warner, 76. State game warden, earliest, 12. State game wardens, 19-24. State's evidence, 70. State V. Campbell, 93. State V. Cooncy, 93-94. State V. Craig, 71, 176. State V. De Lano, 42, 71, 76. State V. Horton, 90. State V. Lubee, 71. State V. Newell, 91. State V. Poole, 56, 65, 71. State V. Rodman, 71. State wardenship, cabinet position in Tennes- see, 19. establishment, 15. Statutes of limitation, 62-64. Storage, cold, 90-91. Subordinate officers, 26-31. Suits pending. West Virginia, 37. Su.«pension, judgment, 84. prosecution, 84. Susquehanna Flats, 12, 31. Tables: appropriations for game protection, 1905-6, 41. arrest without warrant, 46-49. details of office of game commissioner and warden, 22-23. dispo.sition of hunting license fees and fines, 86-37. Tables— Continued. establishment of game commissions and State wardenships, 15. fines and imprisonments, 72-73. limitation of prosecutions, 63-64. prima facie evidence, 66-69. search without warrant, 46-49. seizure without warrant, 46-49. Tax for enforcement, 34. Tennessee, law, 252-254. summary, 129-130. Term of service, commissioners, 16. State wardens, 20-21. Texas, law, 264-256. summary, 130-131. warden system, 30. Thomas v. Northern Pacific Express Co., 78. Transportation of seized game, 58. Traps, seizure, 46, 47, 48, 59. Trespass, injunction, 80. Missouri, 37. Trespassers, arrest by landowners, 51. Unconstitutional provisions, Florida, 37. Michigan, 81. Nebraska, 58, 79. Uniform procedure, 43. Uniform seasons, 89. United States v. Kagama, 92. Utah, law, 256-258. summary, 131. Value of game fixed by law, 79, Vermont, law, 258-261. summary, 131-132. warden system, 30. Virginia, law, 261. summary, 132-133. warden system, 26. Wardens receiving fines, 84. Warden system, California, 27. Colorado, 27. Connecticut, 27. Idaho, 27-28. Illinois, 28. Iowa, 28. Kansas, 28. Maine, 28. Maryland, 28. Michigan, 28-29. Minnesota, 29. Montana, 29. New Hampshire, 29. New Jersey, 29. New York, 29-30. North Carolina, 30. Pennsylvania, 30. South Carolina, 30,81. Texas, 30. Vermont, 30. Virginia, 26. Wisconsin, 30. Wyoming, 30. Wardens, Audubon Society, 28-30. city, 26. county, 24-25. district, 25. fish, 11. forestry, 32. INDEX. 285 Wardens (cont'd), game, 19-24. qualifications, 20. State, 19-24. Warrant, arrest, 43-^9. search, 53-55. seizure, 55-56. Ward V. Race Horse, 94-95. Washington, law, 264-266. summary, 133-1S4. Wells Fargo Express Co. v. State, 143. West Virginia, law, 266-269. summary, 134. Wisconsin, law, 269-275. summary, 135-136. warden system, 30. Wyoming, law, 275-279. summary, 136. warden system, 30. o 1>^ Issued October 10, 1907. U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 29 C. HART MERRIAM, Chief THE RELATION OF BIRDS TO THE COTTON BOLL WEEVIL BY ARTHUR H. HOWELL ASSISTANT BIOLOGIST, BIOLOGICAL SURVEY WASHINGTON GOVERNMENT PRINTING OFFICE 1907 Bui. 29, Biological Survey, U. S. Oc-pt. of Agriculture Frontispiece - ;9o 7 - TWO IMPORTANT ENEMIES OF THE BOLL WEEVIL [Top figure, male Baltimore Oriole; middle figure, male Orchard Oriole; bottom figure, female Orchard Oriole.] /• MC.IN 6 ::ci i»AL.TiMC ,.1: Issued October 10, 1907. U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 29 C. HART MERRIAM, Chief THE RELATION OF BIRDS TO THE COTTON BOLL WEEVIL BY New YORK eOTANJCAL QARDEN ARTHUR H. HOWELL ASSISTANT BIOLOGIST, BIOLOGICAL SURVEY WASHINGTON GOVERNMENT PRINTING OFFICE 1907 LETTER OF TRANSMITTAL. U. S. Department of Agriculture, Biological Survey, ^yasJungton, D. C, July 17, 1907. Sir: I have the honor to transmit herewith for publication as Bul- letin Xo. 29 of the Biological Survey a report of progress on the work in relation to the cotton boll weevil, b}'^ xVrthur 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 Aveevil. Practical suggestions are made in the bulletin for increasing the numbers of swallows breeding in the cotton districts, swallows having been ascertained to l)e among the most important enemies of the pest. Respectfully, H. W. Henshaw, Acting Chief, Biological Survey. Hon. James Wilson, Secretary of Agriculture. 3 CONTENTS. Pag,-. Introduction o Progress of the investigation 5 Summary of results G Recommendations 6 Legislation needed G Upland plover 7 Killdeer plover ^ 7 Blackbirds ■ 7 Birds requiring special protection 8 Swallows . 8 Meadow lark 9 Painted bunting 9 Nesting boxes ." 9 Cultural methods 11 Status of the species of birds known to eat the boll weevil 12 Investigations in the summer cf lOOG 23 Field conditions 23 Sunnnary of o))servations 23 Investigations in the winter and spring of 1007 26 Field conditions 26 Sunnnary of observations 26 Schedules of stomach examinations 30 Record of birds examined whi;li had eaten boll weevils 30 Record of birds examined which had not eaten boll weevils 31 3 ILLUSTRATIONS. PLATE. Page. Two Important Enemies of the Boll Weevil : Baltimore Oriole and Orchard Oi-iole Frontispiece TEXT FIGUKES. Fig. 1. An ornamental martin house _ 10 2. A simple martin house 1 :; H 3. A barrel martin house H 4. Barn swallow 13 5. Kingbird 1^ 6. Crow blackbird or bronzed grackle 17 4 THE RELATION OF BIRDS TO THE COTTON BOLL WEEVIL. INTRODUCTION. In view of the rapid sj^read 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 ^vhile 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 Avith 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 j^ortions of two seasons. vSeventeen species of birds were examined during the seasons of 1903 and 1904: by the Bureau of Entomology, Avith the result that 11 species were found to feed on the Aveevil." In NoA^ember and December, 1904, Vernon Bailey, of the Biological SurA^ey, took up the study of the problem, and, as a result of the examination of 35-1 stomachs collected by him, 9 additional species of birds Avere added to the list of boll Aveevil destroyers.'' The Avork was carried on in the summer and fall of 1905 by the present Avriter, f)2 species of birds being collected and examined and 8 additional species found to feed on the Aveevil.'^ The investiga- tion was continued, also by the Avriter, in August and September, 190(), and from February 11 to May 3, 1907. Fifteen species Avere added to the list of Aveevil-eating birds b}' the iuA^estigations in the past two seasons, details of Avhich Avill be given later. " Rul. 51, Bui-pau of Enti>inoloi,-y, TT. S. Dept\ of Agriculture, 100;", ])p. mO-l.^).'^. '- liul. 22. P.uro.iu ')f P.iologiciil Survey, V. S. Dept. of Agricultui'e. liH)."). '• liul. 2.1, Hureau of Iiiologi<'al Survey, V.'^. Dept. of Agriculture, liMMJ. 6 KELATION OF BIRDS TO COTTON BOLL WEEVIL. SUMMARY OF RESULTS. As a result of investigations seasons, 43 species of our native weevil, as follows : Upland plover. Kllldeer. Quail. Nightbawk. Scissor-tailed flycatcher. Kingbird. Crested flycatcber. I*boebe. Olive-sided flycatcber. Alder flycatcber. I -east flycatcber. "^ Cowbird. Iled-winged blnc]xi)ird. JMeadow lark. Western meadow lark. Orcbard oriole. Baltimore oriole. Bullock oriole. Brewer blackbird. Bronzed grnckle. Great-tailed grackle. Savanna sparrow. carried on intermittently during five birds have been found to feed on the Lark sparrow. ■\\'bite-tbroated sparrow. Field sparrow. Towbee. Cardinal. I'yrrbuloxia. Painted bunting. Dickcissel. Purple martin. Cliff swallow. Bank swallow. Barn swallow. "N^ bite-rumped sbrike. Yellow warbler. Yellow-breasted cbat. American pipit. Mockingbird. Brown tbrasber. Carolina wren. Tufted titmouse. Black-crested 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 orioles; in Avinter, by blackbirds and meadow larks, ' It is not to be supposed that the foregoing list includes all the birds Avhich feed upon the boll weevil. Further investigation will dx)ubtless 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 m-any. 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 scoj^e 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 e.xcept to protect them from their enemies, chief of which is man-. While most insectiAorons birds are adequately ])rotected under the RECOMMENDATIONS. 7 provisions of the present Texas game law, a few do not receive pro- tection that deserve it. Xo argument is needed in support of the view that every l)ird thai does effective service in destroying boll weevils sliould be i^rotected by State laws, at least for the present. In the uidikely event that any ])rotected species shall so increase in numbers as to threaten agricultural interests, eitlier in the cotton-pro- ducing area or elsewhere, j^rotection can readily be withdrawn. Pro- tective laws, necessary and beneficial as they are, however, are not so effective' in the cause of bird ])rotection 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 l)e instructed not only as to the general value of birds, l)ut of the special impor- tance to the South of the kinds Avhich feed upon weevils. They should learn to know them by sight and l)e 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 follow^ing sj^ecies are afforded no protection in Texas: Upland jjlover, killdeer, cowbird, red-wnnged 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 j^ears, through constant hunting both in spring and in fall, it has diminished markedl}^ 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 tliat an effort be made l)y the cotton growers of Texas and Louisiana to have this bird placed in the list of protected species in their respective States. A Uhlccr plorci'. — The Ivilldeei" ajjparently is not decreasing in num- bers, since it is 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 EELATION OF BIRDS TO COTTON BOLL WEEVIL. insects, the wiser course would seem to be to give it legal protection and thus afford it every opportunity to increase. Blackbirds. — The several species of blackbirds, though not shot to any extent for food, are often killed wantonly for sport or in the belief that they are injurious to growing crops. Corn is the only crop in Texas which is liable to injury from blackbirds, and the only species likely to damage this ci'op 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 Avriter 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 red\A'"ing 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, AYOuld 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 hirk 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 hunting. — 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 jDurple 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 noAvhere 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 oTbe experience of Mr. J. AVarren Jacobs, of Waynesburg, Pa., is valuable as sbowing bow rapidly a colony will increase wben provided witb adequate nesting bonies. In 1800 be put up a single bouse of 20 rooms, wbicb was occuijied l)y ."» pairs of martins, wbicb raised 11 young. Tbe next year 10 pairs returned to tbe bouse and raised .Sf) young. Dm-ing tbe tliird and fourtb seasons 2 additional bouses were erected, wbicb furnisbed nccoiiiniodations for .'"..•'. i)aii-s. wbicb i-aiscd over l.'O young. Tbus at tbe end of tbe fourtb season tbe colony numl)ered nearly ."lOO birds. 7623— No. 29—07 2 10 KELATION 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 2-i. cr 3 inches in diameter. There should be only one entrance to each room. A shelf l)ordered 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. AVarren 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, tlirough 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 liousc can readily be taken down. Mr. E. H. Forbush recommends the use of flour barrels foi- martin houses as beiug at once cheap and easily obtained. These, if kept painted and properly roofed, he says, Avill 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 will readily suggest themselves. ].■](;. 1. — ,\n (jrn.-iiniMitnl iiiiiiiiii lii>u> CULTURAL METHODS. 11 Where English sparrows are numerous they must be j^revented Fig. 2. — A simple iiuirtin 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 iVIETHODS. Investigation of the habits of birds dur- ing the winter months has shown that cer- tain species, notabh' Brewer blackbirds. bronzed grackles, great-tailed grackles, kill- deer, and upland plover, are quickly at- tracted to fields where plowing or harrow- ing is going on, and usually when these birds have been shot while following the plow, boll weevils have been found in their stomachs. This is 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 j)art 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 I'll.. -\ liMir. 1 iiKii I ill liiiiise. 12 RELATION OF BIRDS TO COTTON BOLL WEEVIL. about the field, continue to stir or harroAv the gTouncI and thus give the birds a chance to pick up the weevils as they are driven from their hiding places. 2. Destro}^ every stalk of volunteer or seppa cotton before planting- time. Investigations during the very mild spring of 1007 showed clearly the folly of allowing seppa cotton to grow. The weevils emerged early from hibernation and at once began to feed on the sj)routed 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 AXD 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 list of the enemies of this destructive insect. Clif swaUoiv. — 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. The}^ 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 nothinp- else. Manv 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 088, an average of 18 weevils to each bird. It is of course impossible 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 Fig. 4. — Barn swallow. folly of destroying the nests of swallows and of shooting the birds l)ecause they harbor insects is apparent, especially Avhen it is remem- bered, as stated above, that the swallow ]:>arasites are not to be feared hy man. Barn swallow. — Barn swallows are connnon sunnner 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- 1-i EELATIOK 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 bv the 5 birds was 52 and the laraest number found in one stomach 23. Bank suYiUoic. — 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 r.nd 11 of them were found to have eaten a total of G8 boll weevils. The largest number in one stomach was 14 and the average number 6. PiirjiJe martin. — ISIartins 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 likely, 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 famih' feed upon them during the seasons when they are in the air. Most of the flycatchers are summer residents only, but one — the phoebe — 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-hal-f had eaten the insect, the total number of weevils destroyed by the T birds being 21. The least flycatchers are northern-breeding birds, but migrate southward quite early and do their liest work in August and September. These fl3'catchers on several occasions have been observed to fly down among the cotton ORIOLES. 15 ab so plants, and it is. not iinlikel}^ that they snatch the weevils directly from the plants as -well as when flj'ing. KtiHjlnrd. — Kingbirds, sometimes called bee martins, are common in Texas and Louisiana in sunnner. They freciuent fields and pas- tures and, like other flycatchers, snap up their prey on the wing. Of the 22 specimens examined in September, C 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. Sc'issor-tailed flycatcher. — The scissor-tails are- llic largest aiu 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 in the autumn. Xinety- one stomachs taken in July, August, and September have been examined, and 5 of them contained a total of T weevils. Phoehe. — These flycatchers are winter residents over the greater part of Texas, and a few breed in the western part of the State. One specimen 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. ORIOLES. Next to swalloAvs, orioles are probably the greatest destroyers of the boll Aveevil in sunnner, and perhaps their services are more important than those rendered l)y swallows, for the reason that the Pig. 5. — Kingbird. 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. Baltimore oriole (see frontispiece). — These brilliant orioles nest sparingly in 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. Bulloch 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 Avork is done principally in winter and BLACKBIRDS. 17 spring, at a time when it is of the highest importance. Kecent 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 hlackhird. — 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 w^alking 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 to a 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 Avinter would show a much larger percentage of weevils destroyed. Bronzed gracJde.~Y)Vo\\zi^x\ 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 Avhich are being ])lowed or cultivated. Of the 34 specimens collected in March, 5 had each eaten a boll weevil. Great-tailed cjraclde; '' 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 weeA'ils 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 ^ had eaten boll weevils, each bird taking 1 weevil. Red-ioinged hlackhird. — Redwings occur in Texas at all seasons, but are much more abundant in winter than in summer. The}'^ gather in immense flocks as earh' in the fall as October, and forage in the fields all winter, or until the nesting season approaches in April, Avhen the flocks disperse and the birds pair off. Their food consists verv largelv 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. Coiohird. — Cowbirds are found in Texas in flocks during the greater part of the 3'ear, but are most abundant in winter. They associate with the redwings and Brewer blackbirds during certain seasons, and in spring often visit ploAvecl 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 w^inter, but in summer ih^&y 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 the}^ find and destro}^ 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 Avas 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 IG 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 Aveevils, 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 hunting. — These brilliantly colored little sparrows are connnon 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 10 weevils. Cardinal; " redhird.'''' — 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. Pyrrhnloxia; '"'' gray gro^ljeah^^ — This handsome grosbeak is an inhabitant of the arid mesquite belt of southwest Texas. It is com- mon at Beeville and Eunge, where 64 specimens were collected. Of these 2 had each taken a boll weevil. Dickcissel; hlack-throated hunting. — 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 syarrow. — Lark 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 Aveevil. AX Cistern 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 INIarch 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. Whife-fhroated sparrow. — This sparrow is a winter visitant from the North, remaining in Texas from November to April. The white- throats si:)end their time in thickets and brush piles, scratching among 20 KELATION OF BIRDS TO COTTON BOLL WEEVIL. the dead leaves and rubbish. Of 9 siDecimens taken in the fall, 1 had eaten a boll weevil. None of the 13 specimens taken in spring had eaten any. Field sjKirrow. — 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 T specimens taken in February and ]\Iarch, 1 had eaten a boll weevil. Towhee; chewinl-. — These rather large sparrows pass the winter in Texas, feeding in thickets and brushy pastures. Of the G 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 vears have been verv much reduced in numbers. Breeding in the Xorth 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 necessarv 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 mau}^ grains of allowance. NIGHTHAWK ; " BULL BAT." Nighthawks breed locally throughout Texas and Louisiana, par- ticularl}^ 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 carefulh^ protected. AVARBLERS. The warbler family is represented in Texas by a large number of species, most of Avhich 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 thev frequent the cotton fields in some numbers. Twenty-five specimens have been examined, 1 of which had eaten a boll weevil. Y eUoic-hreasted 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 ill 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 wintei-. wlicn tlic wcHn'ils arc in hiding. a Judd, Bui. 21, Biological Survey, U. S. Dept. of Agriculture, 190.5, p. 37. 22 RELATION OF BIRDS TO COTTON BOLL WEEVIL. Tufted titmouse and hlack-ere.sted titmouse. — Ono 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 G 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 Avith Spanish "moss " in which the bird had a nest. The 2 weevils Avhich 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-RDMPED 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 oBul. 51, Bm-ean 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. riELU CONDITIONS. At the time field investigations Avere being conducted in 1000 (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 1005. 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 Aveevils. At one locality (Victoria) 42 per cent of the birds examined had eaten boll Aveevils. SUMMARY OF OBSERVATIONS. Lo(jans2)ort^ La., August 2o-27. — Weevils were abundant here and had damaged the crop very considerably. Late planted cotton espe- cially 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 larvae 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 liad eaten boll weevils — a crested fly- catcher, which had eaten 3, and a mockingbird, which had eaten 1. CoJifmhus. Tex.^ Septeniher Jf-O. — 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 l)lants. (irasshoppers also were abundant and furnished food for many birds. Cotton worms were present in small numbers. Birds were not connnon about the cotton fields, though a a'ood manv were 24 RELATION OF BIRDS TO COTTON BOLL WEEVIL. seen in the timber and around the dooryards in toAvn. Cliff swal- lows and bank swallows were quite numerous, and about 30 rough- winged swallows were seen. Twenty-tAvo birds were collected, but only 3 had taken boll weevils. One cliff swallow had eaten G, another 20 13011 weevils, these being the only birds of the species taken. Two bank swallows were collected, 1 of Avhich had eaten 2 boll weevils, Victoria, Tex., Septemher 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 iO weevils found on them; September 14, 15 plants were examined and 89 Aveevils found — an average on both days of about 3 to the plant. This count was made, of course, in fields Avhere there Avere still a good many squares. Birds were abundant here, and 150 specimens of 22 species were collected ; 63 individuals of 12 species Avere found to have eaten boll Aveevils. 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 (juite 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 Avere quite numerous, and 3 species AA'ere taken; of the 2 alder flycatchers taken 1 had eaten 2 Aveevils, and of the 4 least flycatchers 2 had eaten 5 Aveevils apiece. Both the orchard oriole and the Baltimore oriole AAere present in some numbers, but they seemed to feed on the Aveevil less frequently than during last summer (1905). Fourteen orchard orioles were collected, and of these only 3 had eaten Aveevils— 1 taking 2, another 1. and another 13 Aveeviis. Of 13 Baltimore orioles taken, only 1 had eaten the Aveevil — this one taking 9 Aveevils. It seems probable that the abun- dance of cotton Avorms induced the orioles to neglect the boll Aveevils. SwalloAvs Avere the most abundant birds here during the Avriter's stay, and all of the 4 species taken proved to be feeding on boll Aveevils. The cliff swallow Avas the most abundant species, and several thousand passed oA'er each day in their leisurely southAvard migration. Frequently 25 to 50 Avere in sight at once over the cotton fields, and on some days a continuous stream of sAvalloAvs Avas passing for several hours at a time. They flcAV usually at a height of 20 to 30 feet above the ground, occasionally, hoAvever, rising to a consider- ably greater height. Thirty-three specimens were collected, and all but 1 of them had eaten boll Aveevils. The total number of Aveevils FIELD INVESTIGATIONS IN 1906. 25 destroyed by the 32 birds was G12, 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 swallow, and 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 03, and the average per bird 7. The barn sAvallow 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 skinnning 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 b}^ a single l)ird 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 — Avere each found to have eaten boll Aveevils. 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 slight. At the time of the writer's visit there w^ere 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 w^ere much less numerous than in August of the preceding year. Twenty-two sjjecimens Avere 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. Riinge., Tex.^ Septemher 20-25. — Cotton was still growing and put- ting on squares at the time of my visit. Weevils were abundant, almost every plant harboring some of the insects, except in fields where the leaf worm had defoliated the plants. Twenty-five plants were examined and 52 weevils found. Cotton worms were only mod- erately connnon and locally distributed. Birds were fairly abundant, but the species known to oat the most Aveevils were scarce. Tiurty-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 C). Fourteen 26 KELATION OF BIKDS TO COTTON BOLL WEEVIL. scissor-tailed flycatchers were taken, only 1 of Avhicli had eaten a boll weevil. Kerrville^ Tex.^ September 28-^9. — 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 phcebes 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 the 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 in the season, while the weevils are still in their hibernating quarters. Thus in the period from February 11 to IG in south Texas, with seppa cotton abundant. G.6 per cent of the birds examined contained boll weevils : from February 20 to March 0 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 20 to May 23, in northwestern Louisiana. 2.3 per cent contained boll weevils. SUMMARY OF OBSERVATIONS. Cnero. Te.r.. Fehruary 11-12. — Nearly all fields were plowed and cotton was being planted. Birds were abundant, particularly vesper FIELD INVESTIGATIONS IN 1907. 27 sparrows and savanna sparroAvs. 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 Aveevils, one taking 4 weevils, the others 1 each. Seven of the savanna sparrows were taken and in 1 a boll weevil was found. Vieforia, Tex., February 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, on the o-round 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 ;^ boll weevils. Sixteen killdeer were taken in the field above referred to, but none of them had eaten weevils. They fed mainh^ on large, juicy larvae 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 0. — 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 munber 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 ver}' few of them alighted in the fields to feed. A flock of bronzed grackles lived 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 Aveevil. These 5 birds were all taken in one day iu 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 l)oll 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 fed in the open portions of the unplowed fields or among the standing stalks of cotton left from last 28 ' KELATION OF BIRDS TO COTTON BOLL WEEVIL. ' season. The weevils eaten by them were doubtless picked np from the rubbish scattered about the fields. Only i 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 Aveevils 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 little 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. v Cuero^ Tex., March 12-22.— Xi 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 jjlants 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 G individuals had eaten boll weevils. Of the 48 Brewer blackbirds collected, 3 had eaten 1 weevil apiece, and of the GO cowbirds taken, 3 had likewise 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. - 29 The redwings fed mainly in ])astures gro>Yn up to liiiisaclie, but (hey were occasionally seen in cultivated fields. Of the 18 sj>ec'i- niens collected, 2 were found to contain 1 boll weevil each. The irreat-tailed o^rackles were verv fond of following the ploAv, but onlv 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. A flock of about 15 upland plover was found feeding in a cultivated field, where they folloAved the plowman or ran about among the young cotton and corn in search of insects. They were very wild, but 6 specimens were secured, 1 of which had eaten a boll weevil. 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 Aveevils, 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 tiate. About 100 specimens were taken, mainly the smaller brush-inhabiting species, but none of them had eaten boll weevils. Mansfield, La., April 26 to May 3. — On account of a cold, wet spring the cotton here was A'ery backAvard, 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 orchard orioles. Most of them, however, fed in the timber where insect food was abundant. Kingbirds were numerous about the fields and pastures, and of 8 specimens collected 1 had captured a boll weevil. Crested flycatchers were not common and, as they frequent the taller trees in the woods, it Avas 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 ali'eady beginning their good woi'k. Eighteen specimens were exam- ined and 1 of them (taken April 27) had eaten a boll weevil. 30 RELATION OF BIRDS TO COTTON BOLL WEEVIL. SCHEDULES OF STOMACH EXAMINATIONS. RECORD OF BIRDS EXAMINED WHICH HAD EATEN BOLL WEEVILS. Species. Upland plover ( Bartramia longicauda) Killduer ( Oxijcch us vocifmiit) Texan (luai 1 '( ('dliiius virniukDi us texanas) . . . Western nighthawk ( riturdeilcs v. henryi)... Scisisor-tailed flycatcher (Musrivoi a/orflcata) Kingljinl ( Ti/niii n us ti/rav nus) Crested flycatcher ( Mi/iairliuti a iiiitus) Phoebe ( Sayorn is jihabt ) Olive-sided flycatcher {ynttullitniis borculis). Alder flycatcher (Entpidmid.r tntilli a/noruui) Least flycatcher {Einpidonnx vuiiimus) Cowbird ( Molothvus ater) Red-winged blackbird (Agdaius pha'iiicetis) . Meadow lark (Sturnella magna and sub- species) Western meadow lark {Sturndla neglecta) . . . Orchard oriole (Irterus spunus) Baltimore oriole ( Icterus galhida) Bullock oriole ( Icterus buUocki) Brewer blackbird (Euphngus cijnnocephalus) . Bronzed grackle ( Quiscnlus q. a'neus) Great-tailed grackle (ilegaquiscalusviajorma- crourus) Western savannasparrow {l^sserculuss. alau- dinus) Western lark sparrow {Chondestes grammacus strigatus) White-throated sparrow (Zonotrichia albicol- lis) Field sparrow (Spitel/a ])usdla) Towhee ( I'ipilo crjithropldltalm us) Cardinal ( Cnrdhudis cardivalis) Texan pyrrhuloxia {Pyrrhuloxia siniuda tex- During Janu- ary, Febru- ary, and March. 48 21 40 a .Q 0) During April, May, and June. O M 2; 0) rf3 13 1 10 . 88 4 4 34 1 1 37 4 6 50 7 9 16 ana) Painted bunting {Passerina ciris) Dickcissel ( Spiza americana) Purple martin ( Progne subis) Cliff swallow ( Petrejchelidon iunifrons) Barn swallow (Hirundo erythrogastra) Bank swallow {Piparia riparia) White-rumped shrike (Lanius I. excubitorides) . Yellow warbler {Dendroica n'stiva) Yellow-breasted chat ( Icteria virens) American pipit ( Anthus pensilvaniciis) Mockingbird ( Mimus pwlyglottos) Brown thrasher ( Toxejstunta rufum) Carolina wren ( Thryothorus Indovicianits) Tufted titmouse { Bieoloi)hus bicolor) Black-crested titmouse {BxrAophus atricrista- lus) t. 101 36 32 39 5 21 28 5 19 5 24 2 7 1 13 d > 13 7 31 23 During July, August, and September. GO . -sa s ^ ■3 0) 03 1) 1 6 38 10 91- 22 5 2 2 3 14 84 11 1 101 50 149 54 1 5 "39' 64 109 26 5 35 14 25 19 25 5 85 6 > 15 7 8 3 1 21 During Octo- ber, Novem- ber, and December. "sa (z; 0) 1 108 S > 33 OJ 6— Zo a ^ 0) 6> A 0) 64 24 133 2 19 3 1 638 52 68 24 49 183 66 18 16 'n 8 5 29 7 32 18 SCHEDULE OF STOMACH EXAMINATIONS. 31 RECORD or BIRDS EXAMINED WHICH HAD NOT EATEN BOLL WEEVILS. Number of birds exam- ined during — Species. 33 '-' Mourning dove ( Zcnaidura macroura) Mexican ground dove ( Cluenwpelia jMisserina pallescens) Yellow-billed cuckoo ( Cocci/zus amerlcanus) Downy woodpecker (bryobatoi puhescciu) Red-i ockiidcd woodpecker (l)rij()batc» boreal U) Texan woodpecker (Ih-yubates ncaluris bdirdi) Red-headed woodpecker {JIdnnerpes ernthrocepluiiu!^) Red-bellied woodpecker ( Centurus CdroUnus) Golden-fronted woodpecker ( Centurits aiirifrons) Flicker (Colnptrs auratus) Wood pe wee ( t'ontopus virens) Yellow-bellied flycatcher ( EmpidonaxfiaviventrU) Green-crested flycatcher {Empidonax vii-escens) Blue jay ( Cuanocitta criMata) Rusty blackbird (Eiipliagus carolinus) Western vesper sparrow (Poi£cetrs grdmincim conjiiii!?) Western grasshopper sparrow {Aminodniiuiis s. bimaculatu!' i White-crowned sparrow (Zonotikhia leucophryg) Western tree sparrow (SpizrUa vi. ochraceu) Clay-colored sparrow (Spizellapidlida) I Bachman sparrow ( A imophila a. backmani ) | Lincoln sparrow ( Mdot SO ll'J 2 10 11 5 4 5 Issued November 11, 1907. U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 30 0. HART MERRIAM, Chief BIEDS OF CALIFORNIA IN RELATION TO THE FRUIT INDUSTRY PAI^T I By F. E. L. BEAL Assistant, Biological Survey WASHINGTON GOVERNMENT PRINTING OFFICE 1907 Bui. 30, Biological Survey. U. S. Dept. of Agriculture. Plate I. CALIFORNIA BUSH-TIT (PSALTRIPARUS' MINIMUS CALIFORNiCUS). Issued November 11, 1907. U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY — BULLETIN No. 30 ^ C. HART MERRIAM, Chief BIEDS OF CALIFOENIA IN RELATION TO THE EKUrr INDUSTRY NEW YORK BOTANICAL le 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 jtortion of it. In our garden there are about a dozen cherry trees of Aiirious kinds, and if not \'ery closely watched, witliin a week or two from the time when the fruit first begins to ripen almost every tree will be completely strippetl. Of course, in a large orchard the damage would not be so noticeable, Imt 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 BIEDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. a little, and then the bees and wasps take bold 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. AVith 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 is 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 Avith accompanying barns, sheds, and other buildings that afford ideal homes for these birds. Having thus chosen the orchard a North American Fauna Xo. 7. U. S. Dept. of Agric, p. 80, 1893. Bull 30, Biological Survey, U. S. Dept of Agriculture. Plate II. /^ m (^ O Q © 0 Fig. 2. Fig. 4. <«'^ %!>> xi Fig. 6. '44?!^. ^^K t''/- Fig-. 7. p-ig. s. Seeds of Common Weeds Eaten by the Linnet. Fig. ].— Naiiii thistle \ <\ Fig. 9. 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, Avhich 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 snbsist 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 (Aphidee), 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. It is, hoAvever, 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 anywhere, 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 1.20G stomachs were examined, including 46 of nestlings. 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 Eanges. They Avere distributed through the year as folloAvs: .Ttuiuary ,S8 FohniMry .3."> March IS'i April SO May 74 .Tunc 107 .Tuly 148 9379— No. .'^0—07 2 August 118 Sei)teinber 128 October 108 Novomber 25 December .54 Total-- 1. 20G 18 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. In the first analysis of the food components the two principal elements are fontid to be : Animal matter, 2.4 " percent ; vegetable matter, 97.6 percent. Ani?nal 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- didse), 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 wdien 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 linnet should not indulge to a greater extent a taste so well directed. Were 25 percent of its food made up of woolly aphides the fruit it destroys woidd 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 b}'' 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 80.2 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, wdien a maximum of 27.4 percent was (>aten. 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 talien 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. It 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, wdiich 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, w^hich can be swal- lowed wdiole, the linnet attacks the larger kinds, which yield readily to its powerful beak. Linnets are particularly fond of small pears, like 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 straAvberries and fewer blacklierries or i-aspberries 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 wlw its taste should not be gratified during the greater part of the year. MTien 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 Ijefore 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 linnet 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 BIEDS OF CALIFOENIA AFFECTING FEUIT INDUSTRY. increase in the fruit eaten in March, so there is an imexphiined 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 persistent 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 like 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 1,20G 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 Avords, 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 mi^r«^6)W«) , both of which occur in California. PROTECTION or 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 jDroducts, while worthless to man, are likely to prove more attractive to linnets than are the orchard fruits. That linnets will eat wild fruit apj^ears 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 ))irds taken from the nest. The young vary in age from birds 2 day's old to those nearly ready to fly. In order to ascertain the exact ditference, 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 larvae 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 i)i 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. It is doubtful if there is anexcej^tion 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 CALIFOENIA 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 is, 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 FOUXD 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.) ^^ Sorrel {Rumex aceto.sella) ^ Kiiotweed {Polygonum aviculare). (PI. II, fig. 4) 128 Catchfly {Sileiie sp.) '^1 Chickweed (.^trJIaria media) 21 Spurry (*S'/jc/7/)//« arvensis) 14 Amaranth {Amaranttis retrofiexus et al.) 108 Calandrinia {CitUuulrinia mensiesi) 2 Miner's lettiu-e ( Montia perfoliata) H Wild turni]) (/ir«.s-.s'(((j campestris) 13 Black mustard (Bra.ssica tuf/ra). (Tl. II. fig. 2) 83 Wild radish (Raphamis sativm) 1^^ Geranium (Grraiiiiim disfirrtiim) ^ Alfilaria {Erodiitm moschatiim) 1 ^^g Alfilaria (Erodium cicutarium). (PI. 11. fig. 3) ^ J Yellow sorrel {Oxalis corniciilata) 1 Turkey nuillen {Erciiiocar]n(s sctifien(s). (PI. II, fig. 7) 117 Poison oak (Rhus divcr.siloba). (PI. II. fig. ".)) 1 Burweed {Amsinckia tesselata). (PI. II, fig. 6) '^ Nightshade (Solanum nigrum) _ 4 Western ragweed (Ambrosia psilostachya) 3 Sunflower (^Hclianthus sp.) ^ '^ Mayweed (A)tthemis cotnla) ^ Groundsel (Senecio vulgaris) -1 Lesser tarweed (Deinandra fasciculata) 1 Tarweed (Madia satira). (PI. II. fig. '>) 5 Milk thistle (Mariana mariniana). (PI. II. fig. 8) 3 Napa thistle {Centaurea melitensis). (PI. II. fig. 1) ^^ WESTERN TANAGER. 28 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 eaeh month in year. January February ., March .".... April May June July , August September , October November , December. Month. Total.... Average. Number of stomachs examined. 35 186 80 74 167 148 118 123 108 25 54 1,206 Animal food eaten. Percent. . 0.0 2.9 1.0 5.8 6.3 3.9 2.2 7.1 0.1 0.0 0.0 0.0 2.4 Vegetable food eaten. Weed seed. Percent. 99.8 97.1 89.5 92.5 88.9 81.6 76.5 64.0 71.6 83.5 91.7 97.8 86.2 Fruit. Percent. 0.2 0.0 5.8 1.7 4.8 13.4 19.7 27.4 26.7 15.6 8.3 1.8 Miscel- laneous. 10.4 Percent. 0.0 0.0 3.6 0.0 0.0 1.2 1.5 1.5 1.6 0.9 0.0 0.4 0.9 Total vegetable food. Percent. l-)0. 0 97.1 99.0 94.2 93.7 96.1 97.8 92.9 99.9 100.0 100.0 100.0 97.5 WESTERN TANAGER. ( Pira nga ludovictana. ) 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 fllERRY CROP. There are, however, times during migration when it fairly swarms in some of the fruit-raising regions, and unfortunately this sometimes happens ju.st 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 ■SAvarmed over much of the State and destroyed a large part of the cherry crop. Probably the best account of this occurrence is that of AV. (). Emer- son (j)ublished in the Condor, Vol. V, 1903, p. G4). Mr. Emerson says: Oii(> of the most wondorful occurrences of the movements of birds in tho sea- son of niif^ration which ever came under my notice, took phice at Hay ward dnrint,' May. 1800, when conntk^ss numhcrs of Firaiii/a ludovieiana. or Louisiana lana^'ci's. hcf^'au to malce 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 liills and canyons to tlieir sunnner l)reeding range in tlie mountains. This con- tinued till the 28th, .and l)y .Tune 1 only here and theri' a stragt,dini: member of 24 BIRDS OF CALIFOENIA 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. * * * j 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. * * * 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." * * * He also says : " The damage clone to cherries in one orchard was so great that the sales of the fruit which was left, did not balance the bills for poison 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 tluougli the path of their movement along the State, as they worked their way to the breeding grounds. Here are tAvo 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 onlyeight 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, .ind every year they migrate to their nesting grounds in spring and return in fall, but only at long intervals do they sAvarm 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, Init some years, owing to scarcity of food, or other cause, the flight is forced farther Avest into the Coast Eanges, where the birds find the ripening cherries. The damage done liy this species, however, is not confined exclusively to the rare occasions v^hen they appear in such extraordinary numbers. R. H. Carr. of Redlands, southern California, wrote us in June, 1899 : Without examining any stomaclis it is easy to report the value of the Louisi- ana tauager to the fruit growers near here. In the city they seem to keep WESTERN TANAGER. 25 almost entirely on the Grevlllea trees, sipping tlie sweet liquid that exudes from the blossoms. But the Andrews Brothers, whose cherry and apple ranch is in tlie 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 numl^er 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 To percent. (They reach 92 percent in April, but only one stomach was taken in thai month, so the record is not reliable.) Hemiptera stand next in importance, Avith 8 percent. They are mostly stink- bugs, with a few cicadas. Beetles amount to 12 percent of the food, of Avhich less than 1 percent are useful Caral3ida\ The remainder are mostly click-beetles (Elateridtp) and the metallic wood-borers (Buprestidfe), two very harmful families. 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 Avere 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 testimonv 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 i)art of the food of this bird consists 26 BIRDS OF CALirOKNIA AFFECTING FKUIT 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 aroimd California orchards might prove an economical in- vestment for the orchardist. SWALLOWS. Swallows are the light cavalry of the avian arm^- — 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 Avas 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 jSIississippi 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 live wherever man has erected a structure of any kind. 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 swalloAvs at such times in great numbers. Such is the case with ants and Mvhite ants' (Termitida?), 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 ordinarilv are not accessible to birds, in case of failure of SWALLOWS. 27 food, migrate m 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 (Scolytidae) have frequently been found in the stomachs of swallows. These insects live under bark, and generally are inaccessible to birds, except woodpeckers; periodically they migi-ate 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 b}?^ 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 {Iridoprocne hicolor)^ the w^estern martin {Progne siihis 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 SA\al- lows is derived from the following orders of insects: Coleoptera, Hymenoptera, Hemiptera, and Dij)tera, 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 Avith the different species and seasons. AVith 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 ])erhaps imnecessary to dwell upon the great value of these birds oThe tree swallow of the East {Iritlopmrnc hicolor) :57i>— No. :;o— (IT 3 84 BIEDS 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 w^hile 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. 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 w^ay 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 pi 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 purel}^ 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 haAvk 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) Avere 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 liour 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 G. 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 raspberries to the extent of 13 percent. It thus appears that the shrike sometimes eats fruit. A II 'nit (il 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; vin-lebrates, 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 Avestern one. The figures for the eastern bird are: Insects, 08 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 tho winter. Insects probably are always preferred when obtainable. 36 BIEDS 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 TO 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 ])rown and striped so-called wood crickets. One group of these is particularly noticeable — a group of large soft-bodied mon- sters of the genus StenojDelmatus, many of which live under dead leaves, stones, and rubbish, and do not often voluntarily show them- selves b}'^ the light of clay. 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 tlie 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, hoAvever. Avith 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 (Carabidfe) and carrion beetles (Sil- phida^). 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 liirds 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 (S of the 1.^4 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 leaf-beetles and weevils were among the others. Ants and Avasps amount to something more than 11 percent in the diet of the shrike. Naturally they are mostly eaten in the warmer months, and the Avasps far outnumber the ants. Moths and caterpillars are taken to the extent of someAA'hat more than T percent, and seem to be a regular though snudl component of the food. T^nlike the Avasps, the greater number of these AA'ere eaten in the colder months. One stomach Avas entirely filled Avith the re- mains of 15 moths, a most unusual occurrence, for adult Lepidoptera do not form a large element of the food of any bird yet iuA'estigated. Bugs and flies ai'e eaten occasionally. Tlie stomachs taken in Feb- ruary contained a good j)ercentage of Hemiptera, and so did those CALIFORNIA SHRIKE. 37 collected in July. In one stomach remains of robber-flies (Asilid8e> Avere detected. This is a family of large predaceons flies, some species of which are said to prey upon honey-bees. These two orders and a few othei- odd insects constituted ;> percent of the food. Spiders and several otlier kindred creatures form less than -2 per- cent of the food, but though not eaten in great numbers they appear m 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 limbs 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 Avere 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 case of the shrew (Sorex), which is largeh^ insectivorous. Even if all the above vertebrates were useful the score against the shrike Avould 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 tin}' 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 verv largelv on the credit side. FOOD OF VOUNG. 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 CALTFORNTA AFFECTING FRUIT INDUSTRY. were filled with beetles, ants, wasps, and ciickets. In a bird so tliorouo-hly insectivorovis as the shrike it is not probable that the food of the nestlings ditfers 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 balai\cing on a telephone wire it is pleasant to reflect that in his economic relations he is as admirable 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, coccinellicl 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 Cali- 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 Avhere 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 wdiich are the black olive VIREOS. 39 scale. TTero, tlion, is an instance ^xhoro the bird eats the nsefnl 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 M-hich 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 WAinUJXO VTRKO. (T//ro n'llniy: x/r (//)/. so///".) 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. VegetaUe food. — Insects, 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. Pupa? 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 s])ecies 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 olea^). 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 03 percent) was contained in those obtained in July. The species belong to the genera Hippodamia and Coccinella, which are larger than those of the ffenus Scvmnus 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 BIEDS 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 T 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 (Chrysomelidfe). 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- VIREOS. 41 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 liuttoni.) This species is a resident of most parts of California west of the ffreat interior valley. In food habits it does not differ remarkably from the foregoing, but the various elements of its food are m slightly different proportions. Ye(/etable food. — Examination of 51: stomachs shows that less than 2 percent is composed of miscellaneous articles of vegetable origin. One stomach contained a feAv 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 (Scolytidse) (jould 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 amoinit 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 tlian 2 percent. ■12 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. OTHER CALIFORNIA VIRKOS. Spveral other species and subspecies of vireos occur in California, Ijut in the general character of their food they agree closely with the foregoing. BEETLES FOUND l.N STOMACHS OF VIREOS. CoccincUa t. caHtornica. Gasttroidea viritUda. Hippodamia con verge 11,1. BUipstiniis spp. scifmmis spi». Apion crihricoUis. . I tiriUts spp. Balan iu i/.s spp. Crepidodera helxincN. Copturodcs kocbelei. WARBLERS. (Mniotiltidse.) The warblers, or more properly the wood warblers, to distinguish them from the warblers of the Old World (Sylviidse), are a large family of rather small and often brightly colored birds. For the most part they inhabit Avoods 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, excei^ting 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 prol^'ably eat more of these elusive insects than does any other family of birds except the flA'catchers (Tyrannida?) and the swallows. Upward of 75 species and subspecies of svarblers are known within the limits of the United States, and a majority of these occur m 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 discu'ssed in the following pages occur in California and on the Pacific coast generally. In a resume 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 Bull. 30, Biological Survey, U. S Dept. of Agriculture. Plate III. Audubon Warbler 'Dendroica audubond. WARBLERS. 43 to an average pxlonl of moi(> tli:iii lT) jxTcont of tlip whole food. Afosl of the otluT insect food, also, is cilhci' of ;i noxious or nfiiti'al descrij)tion, and (he veoetable portion is so small llint it may be dis- regarded. There is probably no finer tribnte to the beneficial char- acter of these birds than that of Dr. Elliot Cones, who says: With tireless indnstiy do the Warblers befriend the human race ; their uncon- scious zeal pla.vs due part in the nice ad.iustnient of Nature's forces, helping to Iiring about llic bahuice of vcKetaltle and insecl life, without which agriculture would be in vain. Tliey visit the orchard wlicn the ai>iile and pear, the peach, plum, and chen\v, are in bloom, seeming to revel carelessl.v amid the sweet- scented and delicately-tinted blossoms, but never faltering in their good work, 'i'he.v peer into the crevices of the bark, scrulinize each leaf, and explore the very heai-t of the buds, to detect, drag forth, and destroy these tiny creatures, singly insignilicant, 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 .-.ffected turning "of the head this way and that, their delicate flesh-tinted feet .lust 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 Avarblers examined. A niunber of these had been eaten by nearly every species : COl.KOI'TF.KA. Cocci nella t. califoniica. >( l/iinius pallens. Scimn us margin icolliN. Hci/iiiuus sp. nov. M icniJiiniH Jaticeps. Mclanoplithaliiia inch us aural IIS. (Jiistfoiilca cijanca. IHahrntica. soror. SiiiKsetiaoleiv. ( 'rcpidodera helxiites. F.pitrix parvuJa. Bruchus pauperciiliis. Blap.stiinis jiiilrcriilciitiis. Xoto.riis iilaiiicda'. A nth ic 11 s d ifflcilis. Diodyihiiiicli //\- lii/tiiroides. Apioii vcspcrtiiiiiiji. Onycliohuris iiisidiosa. naUniinus sp. HEMIPTKRA. Aspidiotus rapax. AUDUBON WARBLER. (Dendroica audi(hor>i. ) (Plate III.) The Andnbon 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 witli a persistent assiduity worthy of all jjraise. At this season it is very familiar and easily api)roached. 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 2i) 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 — G ])ercent. August is the month of greatest consump- tion—Gl ])ercent. 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 (I)iptera) are represented in the stomachs of the Audubon warbler to the extent of a little more than 10 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 flycatchers 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— Muscidre, the family of the common house fly, and Tipulidee, 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 January 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 Bugs collectively amount to nearly 20 percent, of whicli a little more than 4 percent are scales and plant-lice. The black olive scale {Saissetia olerp) and another species (Aspidiotiis rapax) were found in 15 stomachs. Plant-lice (Aphidida^ 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 average 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 number consumed gradually decreases. Caterpillars are eaten rather regularly by the Audubon warbler, but not in great numbers. They amount to nearly 1-1 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 Avhole 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. Vegetahle 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 u])on various belated products of the orchard. The total of fruit for the season is less than 5 jx^rcent, of Avhich the greater amount is eaten in the autunm and early winter, after which the ([uantity is unimportant. The most prominent item of \egetable diet, however, is Aveed seed. This is eaten to the extent of a little more than 9 percent of the whole food, and is 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 P'ebruary, after which it decreases regularly to Ai)ril. One of the most imi)ortant seeds eaten by the Audul)on warblci- is that of the jKUson oak (/?/tiis dii'er- .s'/IoIki (PI. IT. fig. 9). In most cases the whole seed is not eaten by this bir bird does not aid in the distribution (»f these noxious plants. The remaining vegetable food, amounting to less than 2 percent, consists principally of rubbish. 46 BIRDS OF CALIFOENIA AFFECTI]S^G FRUIT INDUSTRY. SUMMARY. It must be evident to the most casual reader that this bird is a vahiable asset in the orchard and garden. The great bulk of its food, both animal and vegetable, is composed of elements the elimina- tion of which from the farm is a benefit. As has been elsewhere pointed out, the destruction 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. (Dviidroicd coroimia.) 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 jioint. how- ever, which is worthy of passing note. One of these stomachs was completely filled with greedy scales {Asjndiotiis 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. (DeiKlioicu loinisciKli.) The Townsend warbler, like the Audubon, summers in California only i)i the mountains. During the migration and in winter it visits tlie valleys. Like other members of the family it is an insect eater almost exclusively, and does not eat fruit or other farm product.^. Thirty-one stomachs Avere 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 Avarbler agrees closelv with that of ethers of the same group, a fair idea of the diet for the above months is obtained. Animal food.— Tht- 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 -1-2 percent, mostly stink-bugs (Pentatomida-) 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 ToAvnsend 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 WAEBLERS. -17 number of weevils or snout-beetles represented. They amount to over 20 percent of the food, while all other beetles form less than 1 j^ercent. The greater number of these insects were of the species Diodyrhijn- ckm hyturoides^ a weevil which destroys the staminate blossoms of coniferous trees. Five stomachs contained, respectively, 68, 05, 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 800. Several other stomachs contained fewer of these weevils. Kepresentatives also of another family of snout-beetles very destructive to timber were pres- ent in a few stomachs. These Avere the engravers (Scolytida?), which lay their eggs beneath the bark of trees, Avhere they hatch, and the larvse bore in every direction. Caterpillars and a few miscellaneous insects and some spiders make \\\) the lemaiuder of the animal food. Vegetable food. — The vegetable nuitter, 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 larva? it is a question if they should not be reckoned as animal food. SUMMARY. 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 nmst be considered as performing a most welcome service. SUMMER WARBI,ER. (IJendroicti nslira subspp.) The summer warbler, yellow Avarbler, or sununer 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 dirt'er essentially from the eastern form, is a rather connuon sum- mer resident throughout the valley and foothill regions. In the P'ast this l)ird is fairly domestic in its liabits, and may often be seen about irardens and orchards, or in lose bushes nearer the house. Tn Call- fornia it is not (juite so familiar, but is becoming so and pi-obably will 48 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. soon acquire the habits of its eastern relative. F'rom 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, A^hen 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 : On Raneho Chico is a flue collection of roses, all of which are more or less liable to attacks from Apliis roaca. hut are perfectly free from other insects. I attribute this to the protection of small birds, among the most active of which are Dendroica wstiva, * * * 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 07 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 regvdarity 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 (Coccinellida^), which are eaten to a small extent. The great bulk of the beetle food consists of small leaf-beetles (Chrysomelidte), with some weevils, and several others. One stomach contained the remains of 52 specimens of Notoxvs alameda\ a small beetle living on trees. Bugs (Hemiptei-a) constitute over 19 percent of the food, and are eaten regularly every month. Most of them consist of leaf -hoppers (Jassidse) 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 2^ 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, ma}'^ 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 : Date. Forenoon. Afternoon. Hour of obser- vation. Number of feed- ings. Hour of obser- vation. Number of feed- ings. June 12 June 14 June 14 June 15 3. 26-4. 26 21 8.21- 9.21 10.34-11.34 8. 00- 9. 00 31 32 36 4. 36-.5. 36 1. 11-2. 11 31 30 In six hours 181 feedings were observed, an average of 30^ 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 bird.s 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 poAver. The summer warblei- 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 little vegetable food that its character is of but slight consequence. WESTERN YELLOWTHROAT. . - {Gcothli/pis trirlias subspp.) In California the yellowthroat is an inhabitant of marshes and low, bu&liy places among tuleb or willoWs. Wliilt it is an ins'e'ct (?ater of 9379— 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. Ver/etahle food. — A few seeds and bits of rubbish is the sum total of the vegetable food, and it is probable that these were taken accident- ally. Some of the ants of California store up seeds, and when snap- ping up ants the yellowthroat probably takes the seeds along with them. Animal matter.— The animal matter amounted to 99.8 percent of the total food. The largest item is Hymenoptera, amounting to 35 percent, of whicli about half is ants and the remainder wild bees, wasps, etc. Hemiptera amount to 28 percent, and are made up of leaf -bugs, leaf-hoppers, tree-hoi)pers, plant-lice, scales, and probably some others not identifiable. The black olive scale was found in a few stomachs and plant-lice in one, but the other families were a pretty constant component of the food in every month. Beetles were eaten to the extent of nearly 15 percent, and are mostly harmful species, the exception being a few coccinellids of the genus Scymnus, which, however, do not amount to 1 percent of the whole. Weevils and others of the more common families make up the rest of this portion of the diet. The three orders of insects mentioned above form the great bulk of the food of the yellowthroat, and are regularly eaten throughout the year. Caterpillars and moths comprise 5 percent, but, so far as the stomachs at hand show, are eaten very irregularly and do not appear on the preferred list. The same may be said of Diptera, though they amount to 12 percent, but in several months none were eaten. (Irass- hoppers were found in only four stomachs, but one of these contained nothing else. Spiders are taken to the extent of nearly 4 percent, but in some months none A\ere found and only a trace in others. sr\:MABY. From the above rather brief survey of the food of the yellowthroat it is evident that the horticulturist has nothing to fear from this bird should it change its habitat and become an inhabitant of orchards and vineyards. It is practically wholly insectivorous, and the insects it eats are either harmful or of little economic value. It eats no fruit or grain, nor, so far as known, any other useful product. Like other members of the family, its life is passed in miceasing search for insects. WARBLEKS. 5 1 ORANGE-CROWNED WARBLER. (Helminthuphild cclata subsj))). ) The genus Helminthophila is next to Dendroioa in the number of species and subspecies it contains, but still falls far below it. Several species occur in California, but the one under consideration is prob- ably the most important. Only 65 stomachs were available for exami- nation, but they confirm the evidence already obtained from other species. Vegetable food. — JLess than 9 percent of the food is vegetable mat- ter, and is made up of 3 percent of fruit and rather more than 5 per- cent of A'arious substances, such as leaf galls, seeds, and rubbish, P'ruit was found in only a few stomachs, but the percentage in each Avas considerable : figs were the only variety identified. Animal food. — The animal matter in these stomachs amounts to 91 percent of the food. Hemiptera are the largest item and amount to over 25 percent, mostly leaf -bugs, leaf -hoppers, plant-lice, and scales. Plant-lice were found in only one stomach and scales in 5, of Avhich 3 contained the black olive species. Beetles amount to about 19 percent of the food, and with the exception of a few Coccinellidas are of harmful families, among which are a number of weevils. Beetles and bugs are the two orders of insects that are not only eaten to the greatest extent but are taken with great regularity, and form a respectable percentage of the food in every month. Caterpillars are eaten rather irregularly, though they aggregate 24 percent for the year. Stomachs collected in several months contained none, while in others they amounted to more than half the food. Probal)ly the examination of a greater number of stomachs would show more regularity in the consumption of these insects. Hymenojitera amount nearly to 15 percent, and are mostly small Avasps, though some ants are eaten. This is the smallest percentage for this order that has yet been found in the food of any warbler. Flies are represented by less than 1 percent, Avhich is unusually small. Perhap;; this ^varbler Jack;; the skill (o catch ; ucli agile insects. Seven percent of spiders were fcund m the stomachi. the largest percentage of these creatures for any v, arbler. This again indicates that the orange-crown is most successful in hunting slug- gish game, such as beetles, bugs, and spiders. OOLmCX PIKE()I,.\TKI) WARHLER. {\V ilxdiiiii jiiisilh; sulis|)|i.) The gt)l(l('ii pilcolalt'd \\arl)lei' is another of (he Miiall birds that buuimer here and there on the Pacific coast, mostly in willows and 52 BlltDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. other shrubbery, but not rnrely iu the orchard. I)uriu«r the nii<,n"a- tioii it is commou aud widespread. Fifty-two stouiachs of this bird have beeu examined, aud though the evidence is somewhat fraguieutary, it suffices to reveal the general character of the food. Animal food.— Aimm\\ matter amounts to over 93 percent, vege- table to less than 7 percent. Of the former, the larger item is Hemip- tera, which aggregates over 35 percent. The black olive scale was found in four stomachs, but leaf-hoppers make up the bulk of this portion of the food. Ilymenoptera stand next in importance, with 81 peirent, uuide up of both wasps and ants. Flies are eaten to the extent of 11 perceul, and in connection with the llymenoiitera proves what observation of its habits indicate, that this bird gets much of its food when on the wing. A good many of the insects were the tipulids, or crane-flies. Beetles of half a dozen dilferent families were eaten to the extent of about 0 percent. They were mostly leaf-beetles (Chrysomelidfv), with a few weevils and one or two others. No coccinellids were found. Somewhat less than 5 percent of the food consists of caterpillars. They do not appear to be favorite food, for they are eaten very irregularly. Spiders also are taken only sparingly, and form but little more than 1 percent of the total food. VegetaUc food.—TXxQ vegetable food, less than 7 percent of the total, is made uj) almost entirely of fruit pulp, and was eaten in the months of September and October. Sl'M.MAKY. The foregoing hasty review of the food of the golden pileolated warbler shows that its food habits are practically the same as those of other members of the family. The food is largely composed of insects, and its two most prominent elements are Ilymenoptera and ITemiptera. which are eaten extensively and very regidarly through the vear. The other components of the diet apparently are taken with less regularity WESTERN MOUKING BIRD. (Miwrus poVijgloUos leucopterus.) The mocking bird has always been held in such high esteem as a singer that perhaps it would be useless to attempt to add to the bird's repute by showing (liat its food habits are of a high order of economic interest. Moreover, the title of the mocking bird to be ranked as an economic benefactor is not quit^ clear, for, though it WESTERN MOrKTNO BTED. 53 does considerable good by tlio destruction of harmfid insects, it eats much fruit, and fi'oni tlic Southern States, particularly Texas and Florida, where fruit raisin<>' is an important industry, have come bitter complaints ag-ainst it. In Florida the bird is said to attack gi'apes and oranges, and in Texas it is asserted that figs are to be added to its food list. In California the mocking bird is a common resident only in the southern half of the State and is very common only in restricted portions. Xo serious com]:)laints of the bird's depredations in this State have yet been made, but this perhaps is due to the fact that mocking birds are rare in sections wliei'e cherries and the smaller deciduous fruits are grown. Where mockers are most abundant, citrus fruits are the principal crop and the birds do not appear to molest them. While a number of stomachs of this bird have been examined, they are too few and too unequally distributed over the region under investigation to justify final conclusions with regard to the animal food; still they furnish information of value. It so happens that 33 stomachs were taken between July 18 and August 18, and another a few days later. All but one of these stomachs were from the region about Los Angeles, and this one was collected at Fresno. The av- erage, therefore, is a little more than one stomach a day for this period, and gives a fair idea of the food for the time and locality. The first analysis gives 23 percent of animal matter and 77 percent of vegetable. There was no stomach wdiich did not contain some vegetable food, wdiile 10 had no animal matter. Ani7nal food. — Beetles of several families formed a little less than 1 percent. Hymenoptera, largely ants, w-ere eaten to the extent of somewhat more than 10 percent. Grasshoppers constituted the larg- est item of animal food, and amounted to 11 percent of the whole. A few caterpillars and spiders made up the other 1 percent of the animal food. Vegetable food. — Of the 77 percent of vegetable food nearly 74 percent was diagnosed as fruit. Some of this, of course, was wild, but blackberries or raspberries, grapes, and figs were found in many stomachs. Many of the birds were taken in orchards and gardens, and some were shot in the very act of pilfering blackberries. Others were taken in a wdld arroyo away from cultivation. The only species of wild fruits that were identified were elderberries, which were found in a few stonuichs. The other vegetable matter was made up of several elements. Of these, the seeds of poison oak (PI. II, fig. 9) are perhaps the most conspicuous, and one stomach was entirely filled with them. A few weed seeds and some rubbish completed the vege- table part of the food. 54 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. Besides the 34 stomachs already discussed, 19 others were examined, but as they represent nine montlis of the year they are too few to afford a criterion of the usual food foi- those months; but they give a hint at least of what is eaten at other times than midsummer. Tavo stomachs were taken in March, one of Avhich was filled with ani- mal food, and the other also, except 1 percent of A'egetable rubbish. The animal portion consisted of harmful insects, except one lizard. This seems peculiar food for a mocking bird, and is to be considered beneficial. The one stomach taken in May was filled with seeds of poison oak. A stomach collected in June contained 8 prARY, ReA'ieAving the contents of the 52 stomachs we find 29 percent of animal matter and 71 of vegetable. Of the animal food the largest item is Hymenoptera, 10 percent, and then in order, Orthoptera 7 percent, Coleoptera G percent, Lepidoptera 5 percent, miscellaneous 1 percent. The vegetable food consists of 50 percent of fruit and 21 percent of seeds and other items. These results prove that the mock- ing bird eats insects to a considerable extent, but they are not con- CALIFORNIA THEASHEK. 55 elusive as to the elements of its preferred diet. It is evident that it is fond of fruit, and where almndant the l)ird ma}' become a menace to the orchard and vineyai'd. CALIFORNIA THRASHER. {To-roxloiiKi roiVirlnt.) Thrashers are eminently l)irds of the underbrush. AVhile they occasionally alight on trees at some height from the ground, they are more frequently seen imder bushes or skulking out of sight in some almost impenetrable thicket of briars. When, however, the thrasher wakes in the morning and feels his soul overflowing with song, he perches on the topmost twig of a tree and lets the world know that he is there and believes that life is worth living. The food of the thrasher is obtained on or near the ground. The long curved bill of the California species is probably used much as many birds use their claws to dig among dead leaves and other rub- bish for insects. The bird is not fastidious in its diet, and examina- tion of the stomachs reveals a good many bits of dead leaves, rotten wood, plant stems, which are carelessly taken along with more nutritious morsels. An examination of 82 stomachs of this species shows that vegetable food exceeds the animal in the proportion of 59 to 41. In the eastern species {T. rufion) the ratio is 3G to 64. This result is rather sur- prising, for, as a general rule, California birds eat a larger propor- tion of animal food than do the most nearly related eastern species. AniTnal food. — As the thrasher is eminently a ground forager it would naturally be expected to find and eat many ground-living bee- tles. Of these the Carabida^ are the most important, owing to their predaceous habits; so a separate account of this family was kept. The result shows that they enter the food of the thrasher to the extent only of 3.8 percent, while all other beetles amount to nearly (> percent. Of these, the darkling beetles (Tenebrionida^) are the most numerous, and the May beetles (Scarabseidse) next. But very few weevils or other species that live on trees or foliage were found. Of all the insects, Hymenoptera are the most abundant, as they are also the most con- stant element of the thrasher's food. About half of these are ants, the rest wasps and bees. Ants naturally are the insects most often found by this bird, as many species live on the ground and among rubbish and rotten wood. The occurrence in the food of wasps and bees, on the contrary, is somewhat of a surprise, as they are mostly sun-loving insects more often found on flowers or the leaves of trees than under bushes or thickets where the thrasher delights to forage. Together they make up something more than 12 percent of the food 56 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. of the year. Two specimens of worker honey-bees (Apis mellifera) were found in one stomach. None of the other Hymenoptera was of specially useful species. Caterpillars, cocoons, and moths amount to a little more than 8 per- cent of the food, and the greater number were eaten during the win- ter months. It is probable that they were hibernating and were raked out from under dead leaves or other rubbish. A few bugs, flies, grasshoppers, and spiders make up the rest of the animal food — about 6 percent. Spiders and myriapods amount to a little more than (') percent. Vegetable food. — The vegetable food may be divided into three parts: Fruit, poison-oak seeds, and miscellaneous vegetable matter. Fruit represents nearly 18 percent, but it probably is not of much value. Several stomachs contained pulp that could not be identified with certainty, and might have been that of some cultivated variety. Seeds of Rubus fruits (blackberries or raspberries) were found in 12 stomachs out of the 82. These, however, are as likely to have been wild as cultivated. Elderberry seeds were discovered in 10 stomachs, Cascara, or coffee berries {Rhamnus calif orniciis) ,m 5, and manzan- ita berries in 1. The seed of poison oak {Rhus diversiloha, PI. II, fig. 9), and a few of the nonpoisonous species of Rhus were eaten to the extent of 14 percent of the food. They were not found in many stomachs, but appear to be eaten in considerable quantities when eaten at all. The thraslier must be added to the list of birds that assist in the dissemination of the seeds of this noxious plant. The miscellaneous part of the vegetable food amounts to over 26 percent, and is made up of mast, weed seed, galls, and rubbish. The mast was not further identifiable. Most of the seeds were so broken and ground up that only a few species were identified. Two stom- achs contained remains of grain— wheat in one and corn in the other. Leaf galls were found in several stomachs, and rubbish in quite a number, though here again it is difficult to draw the line between food proper and stuff that is accidentally picked up with it. SUMMARY, Although the thrashers eat some fruit, most of it is wild and of no value. Moreover, the bird's habits are such as to preclude the like- lihood that it will ever become a resident of orchards. Grain evi- dently is not a favorite food, and if it were it is doubtful if the bird would leave its chosen haunts for the sake of procuring it. It is not probable that the California thrasher will ever become of special economic interest unless under very exceptional circumstances. In the meantime it performs its part in the great work of reducing the vast numbers of insects. WEENS. 57 WEENS. Since the time to which history runneth not the wren family, rep- resented by one or other of its members, hjus attached itself to the abodes of man. Wherever man settles some member of this group is ready to greet him, to take advantage of his improvements, and to aid in the fight against his insect enemies. The common wren of Europe and the house Avren of eastern North America habitually choose crannies in buildings or fences for nesting places, or if hollow trees are selected they usually are near human dwellings, preferably fruit trees in orchards or gardens. AMien civilization Avas pushed to the Pacific coast, wrens Avere there ready to welcome the new order of things. In food habits the wrens proper (Troglodytinae) are largely insectivorous. While occasionally they eat a seed or a bit of fruit, the quantity taken by most species during the year is so small in comparison to the animal portion as to be insignificant. The insects eaten by the wrens are mostly noxious species, such as infest the foliage and branches of trees and shrubs, and the domestic habits of the wrens enable them to attack these pests in the very places where they are most harmful — that is, in the garden and orchard. The predaceous beetles (Carabidse), which live mostly on the ground, are protected from the wrens by this very habit, as the latter seldom for- ages in such places. Moreover, the species most valuable to man are rather large prey for such small birds. BEWICK WREN. (Thryomanes bewicki subspp. ) The Bewick wren is one of the species which to a considerable extent occupies in California the place of the house wren in the East- ern States. The nesting habits of the two are practically identical, and the economic value of the former is just as great as that of the latter. Investigation of this bird's food is based upon the examination of 146 stomachs taken in every month of the year. Of its diet for the year a little more than 97 percent consists of insects and less than 3 percent of vegetable matter. Vegetahle food. — The largest quantity of vegetable matter was eaten in December and January and formed about 12 percent of the food in each of these months. In three months — March, June, and September — no vegetable food was found in the stomachs. It is hardly probable, however, that such would always be the case in these months. What was supposed to be pulp of fruit was found in one stomach. This was the only vegetable substance noted that could pos- sibly be useful to man. Six stomachs contained seeds more or less broken, of which only one was identified, a single seed of turkey 58 BIEDS OF CALTFORNIA AFFECTING FRUIT INDUSTRY. niiillen {EreinocaTpus, setigerus). In one stomach was a small gall, ar.tl ill six Avere various snl>stances, such as bits of dead leaves, plant stems, and rotten wood, which may ]iroperly be denominated rubbish. Animal food. — Of the animal food various families of l)ugs (Hemiptera) make up the largest percentage. One of the most interesting items is the black olive scale, which was found in a num- ber of stomachs but does not appear to be eaten extensivel}'. The great bulk of the hemipterous food was made up of leaf-bugs, stink- bugs, shield-bugs, leaf-hoppers, tree-hoppers, and jumping plant-lice, though there were representatives of other families. The aggregate of the Hemiptera eaten is about 31 percent of the total food. It is distributed with great regularity through the year and varies less from month to month than any other food. With the exception of the olive scale no specially harmful species was identified, but bugs belonging to the same family as the notorious chinch bug were found. As a vast majority of the members of this order are injurious to vegetation their destruction bv birds must be considered beneficial. Beetles collectively amount to over 21 percent of the food. They may be placed in three groups — ladybirds, weevils, and other beetles. I^adybirds are probably the most useful insects of the whole order of Coleoptera, so that their destruction by birds is to be deplored. Bewick's wren eats them to the extent of a little more than 3 percent of the whole food. This is not a large percentage, though greater than could be wished. On the other hand, the bird eats Aveevils, or snout-beetles, to the extent of nearly 10 percent of its food. As all the members of this group (Rhynchophora) are practically harmful, and some of them the worst pests of the orchard and forest, it must be allowed that we are paid for our ladybirds at a fairly good price. A number of stomachs contained beetles of this group belong- ing to the family of engravers (Scolytidse), which live under the bark of trees and greatly damage the timber. The stomachs of two wrens taken in Pacific Grove in the month of January contained 85 and 80 percent of these beetles. The owners of the Pacific Grove pine forests have engaged the services of an expert to investigate the damage being done to the pines by scolytids and other insects, and, if possible, to devise a remedy. Is it not evident that the bird under consideration is one of Nature's remedies for this evil? The trouble is that there are not enough birds to wage effective war against the insects. In many cases, per- haps in this one, man himself is partly to blame for present condi- tions. The birds are destroyed — destruction of the forest follows. By furnishing jDroper facilities for breeding in the shape of bird boxes the numbers of this wren in the State of California may be greatly increased and the forest trees correspondingly protected from insects. WRENS. 59 Other beetles, mostly leaf -beetles (Chrysomelidpe) were eaten to the extent of a little more than S j)ercent. While nearly all of the leaf-beetles are theoretically liariiifiil none of those identified in the food are especially destructive to (;rops. IIymeno[)tera, inchidin<>- both ants and wasps, aggreg'ate a little more than IT percent of the wren's diet. They are a fairly constant constituent of the food and do not appear to vary much according to season. The greater number was found in March, but as only two stomachs Avere collected in this month the record is not conclusive. Ants foi'ni about T percent of the food. The economic relations of these insects have been discussed elsewhere. Wasps make up the rest of the item, about 10 ]jercent, and have no especial economic signifi- cance. Caterpillars and a few moths and some cocoons constitute a little less than 12 percent of the wren's food. Contrary to what might be expected, not all these are taken in summer. The 1-f stomachs obtained in February contained caterpillars to the amount of. ov^er 13 percent of their contents. They were probably found hibernating in crevices of bark, A few moths were eaten, but, as usual, they were only a small item of the food. Small cocoons of tineid moths wei'e found in a number of stomachs. Grasshoppers amount to 4 percent of the wren's diet. Most of them are eaten during the summer and fall, though some appeared in stomachs taken in January, While these insects are a favorite food for many birds they are probably rather large and too terrestrial in habits to be eaten in great numbers by wrens. Other insects, mostly flies and a few remains Avhich could not be identified, make up about G percent of the stomachs' contents. Flies (Diptera) are eaten very irregularly and appear not to be relished. Spiders are taken to the extent of somewhat more than 5 percent of the total food. As spiders live about trees, bushes, fences, rocks, and outbuildings it is not sur- prising that they are captured by wrens, but the rule seems to be that while all insectivorous birds eat spiders to some extent no species eats many. List of insects found in stomachs of Bewick wren : COLEOPTERA. Ccrcyon fulvipenne. II ipiKxlu III la con vergens. ('Dciiirlhi t. californiro. Scj/iii II us 111 ari/iii icoJIis. \llll'l(lills IIKl'lfroilH. M irrorhoimlii monlnua. Diachiis aiirutuN. CiriiiilfKlrra lirl.rines. Uliilli.r lliimilil. llrciiKi coiiNiicrxd. Diabrotica soror. Cryptoccpliahis ciistniiriis. GdsiroUlca sj). Bniclnis sciiiiiiinniii. BUipstUi 11 fi (lilatatiiK. A'o/oj-H.s aJameda'. Cr II torh yn cli ii s nod ipcn n is. /'clrnoiii IIS c(i rifroiis. Apion sp. GO BIRDS OF TALIFORNIA AFFECTING FRUIT INDUSTRY. HEMIPTERA. i^inea (liadema. Saissetin olfir. Remains of insects belonoino- to the followiuii; families were found, but not fnrther identified: tOLEOI'TERA. Carabidfp. Bruebidjp. Hydrophilidie. Teuebrionidae. Staphylinidrp. Anthicidje. Coccinellidfp. rurculionidie. Elaterid;o. Scolytida'. Searabseidif. Otber Rbvncbopbora. Chrysomelidfe. DIPTEKA. Muscidje. Tipulidse. HEMIPTERA. Eniesidse. Corimehpnidse. Reduviidsp. ' Scutelleridfe. AradidiT!'. Jassida:>. Capsida\ Membracidae. Lygaeidfe. Psyllida^. Pentatomida^. Coccidfe. WESTERN HOUSE WREN. {Troglodytcfi acdoii subspp.) The western house wren, like its eastern relative, is a common resident about outbuildings and other structures that offer suitable nesting sites and good foraging ground. In its general appearance and habits it is so like the Bewick wren that the casual observer is likely to confuse the two. Like other members of the family, it is largely insectivorous and rarely eats vegetable food. Only 36 stomachs of this species from California are available for examination, but the character of the food agrees so nearly with that of the eastern form that the general results obtained from the study of that subspecies may be applied to the western bird. Animal food. — In the 36 stomachs examined animal matter, con- sisting entirely of insects and spiders, formed 97.5 percent, and vege- table food 2.5 percent. Beetles, as a whole, amount to about 20 per- cent; caterpillars, aggregating 24 percent, are taken in the earlier months of the year; and Hemiptera, amounting to 33 percent, are eaten chiefly in the last of the season. Grasshoppers amount to about 5 percent, and different insects, mostly ants and other Hymenoptera, aggregate 15 per cent. Vegetable food. — The vegetable matter consists of rubbish and one grass seed, probably all of it swallowed accidentally. WRENS. 61 Among the 36 stomachs, of which the record has just been given, were 18 nestlings, some being about a week old, others about ready to leave the nest. The results of the examination of these were tabu- lated by themselves in order to determine the differences, if any, betAveen the food of the adults and that of the young. No vegetable matter was found in any of the stomachs, and the animal food was distributed among a comparatively few elements. Bugs (Hemiptera) are the largest item, and amount to nearly 36 percent. Caterpillars and grasshoppers stand next, with 17 and 16 percent, respectively. It is interesting to note that about three times as many grasshop- pers are fed to the young as are eaten by the adults. Wasps and ants amount to a little more than 6 percent, and are the smallest item. Spiders appear to the extent of a little over 11 percent. Beetles, however, constitute the most interesting item of the food. They were eaten to an average extent of somewdiat more than 11 percent, and were nearly all hidybirds (Coccinellida^) contained in the stom- achs of five individuals of a brood of six. The amount in each stomach varied from 15 to 65 percent of the contents, and averaged 29 percent of each of the six birds. It is a question which is the more surprising, that this brood had eaten so many coccinellids, or that the others had eaten so few^ Only three other stomachs contained any of these beetles and those were all adults. The house wren does not exhibit any special proclivities for ladybirds, and it would seem probable that in this case either other food was wanting or these beetles were specially abundant. In addition to the examination of stomachs, observations were made upon the feeding of nestling wrens. A nest situated in the porch of the house of Mr. W. O. Emerson, at Haywards, Cal., was observed for one-hour periods from soon after the young were hatched until they were nearly ready to fly. The nest was watched at various times of day, so as to include as nearly as possible all hours of daylight. During the first two periods the male aided in feeding the young, hut afterwards w^as not seen, and the whole care of the young de- volved upon the mother. The number of young probably was not fevrer than six. FoUovvinir are the results in tabular form: Date. Forenoon. .\rternoon. Hour of ob- servation. Number of fecdingrs. Hour of ob- servation. Xumber of feedings. May 18... May 19... May 20... May 21 . . . Mav23... May 26... May 27... 10.00-n.OO 9. 35-10. 35 10.29-11.29 8.23- 9.23 S. 22- 9. 22 ip. 35-11. 35 8 13 16 20 19 32 4.00-5.00 4.30-5.30 10 2.01-3.01 12 2. 36-3. 30 31 May 28... May 30... 8.20- 9.20 10.40-11.40 38 28 62 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. As Avill be noticed, the whole time of observation covered a period of tliirteen days, ahhongh the nest was not watched every day. In all the nest was watched for twelve honrs, and the total number of times that food was brought to the young Avas 234, or an average of 194^ times per hour. The young were fed as early as 5 o'clock in the, morning and as late as 7 in the evening, thus making for the parent birds a working day of fourteen hours. Only a little plain arithmetic is necessarv to show verv nearlv the number of insects destroved by this family in a single day. These observations were made with watch in hand and the time of each feeding noted. In man}^ cases the parent bird was away in search of food only half a minute. Once there was a heavy mist nearly all day. Avhen the mother wren was hard pressed to find food for the ever-gaping mouths of her young. Xo flying insects were abroad, and the supply of caterpillars from the immediate vicinity had been exhausted. In this extremity the mother turned her atten- tion to spiders and was seen to visit the interior of a summer house, also to investigate a pile of flower pots and tubs and to plunge into and under an evergreen hedge in search of something that would answer for food. As the nest was watched at very short range, it was often possible to determine the nature of the food brought by the parent, ^^lien the nestlings Avere very young, it consisted almost entirely of small green caterpillars, commonly called ' canker-worms.' Later this Avas A'aried by tipulid flies (daddy-long-legs), small moths, and spiders. Some of the insects brought Avere not determinable, probably flies and Avasps. sr.MMAlil . From the aboA'e sketch of the food of the house wren it Avill be seen that there is practically only one item to Avliich exception can be taken, namely, the coccinellid beetles, or ladybugs. But the record is so meager that it is not safe to draw general conclusions. It is jirobable that a more extensive iuA'estigation of the food of the California bird will shoAV that it is' entitled to the same high economic rank as its eastern relative. WESTERN :~IARSH A\ REN. (/Telmatodytcs pahtstris subspp.) The marsh A'ren, as its name nidicates, is a resident of swamps and marshy grounds. At first tliought its food might not appear to be of any economic importance, but investigation shows that it does not differ from that of the orchard Avrens as much as one might infer from difference of habitat. Only 53 stomachs of this species have been obtained for examination. While this number is not sufficient as a basis for final judgment, it suffices to show how closely the food of this sx^ecies resembles that of its congeners. WRENS. 63 Vegetable food. — But little vegetable food was found in the stom- ach of the marsh wren, and the precise value of most of that was not determinable. A few seeds of sedge and one of amaranth were all that were identified. The total amount was a trifle over 2 percent. Animal food. — Beetles, wasps, ants, bugs, caterpillars, and a few miscellaneous insects, with some spiders and snails, make up the bill of fare. As with the Bewick and the house wren, bugs are the largest item, but do not quite equal the quantity eaten by those indus- trious bug-hunters. While the Bewick eats these insects to the extent of 81 percent of its food, the marsh wren eats them only to the amount of 29 percent. In this respect there seems to be little difference between the bird that gets its food from trees and the one that feeds among the tules and sedges. The families represented are those of the assassin-bngs, damsel-bugs, leaf-bugs, stink-bugs, leaf -hoppers, and tree-hoppers, most of which are usually found on trees — in fact, one is forced to the conclusion that the marsh wren must at times forage upon trees or shrubs. Scales were found in one stomach, which is another point of resemblance between the diet of this bird and that of the habitual tree inhabiters. In the marsh wren's food caterpillars and chrysalids rank next to bugs in importance. They amount to about 17 percent of the Avhole, and appear in the food of every month. Cocoons of tineid moths were contained in a number of stomachs, another indication that the birds visit trees. Beetles constitute 16 percent of the food. While a number of the commoner families are represented, the terrestrial forms are rather more prominent than in the food of the arboreal wrens. A few cara- bids and a number of coccinellids together mak*? up 2 percent of the food, and were the only useful insects eaten, unless the assassin-bugs are reckoned as such. As these feed on other insects they nuist of course do some good. Ants and wasps amount to al)out 8 percent of the food, and most of them were eaten during the fall nionlhs. Flies, grasshoppers, dragon-flies, and a few insect remains not fur- ther ideutified uiak<' up over 11 ])ercent of the food. They wei-e eaten very irregularly. Spiders constitute somewhat more than 5 percent, and, as usual, are very regularly eaten, but in small num- bers. Small mollusks ! snails ! were eaten by quite a number of birds, and 1 stomach contained 11 specimens. SUMMARY. This brief review of the food of the marsh wren, while not abso- lutely conclusive, is sufliciently near the truth to prove that the l)ird is to be ranked among our euiinently useful species. Of some birds it has been said that their |)eculiar merit lies in the fact that they reside in orchards and cultivated ground aud hence destroy insect 64 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. pests in the very places where their mischief is clone. This can not be asserted of the marsh wren, but it must be remembered that many harmful species of insects breed and live in marshes and waste places as well as in grainfields and orchards, so that the birds which destroy them on wild lands are removing the source of supply from which are recruited the hosts that infest the farm. CACTUS AVREN. (Heleodytes brunneicapiUus.) (PI. IV.) The cactus wren is so exclusively a bird of the desert and waste places that its food may be thought to have little, if any, economic interest. It is not safe to assume, however, that the bird will never affect the interests of agriculture because it does not do so at present. Moreover, its food habits have a scientific interest which justifies a brief re^dew. A number of the birds whose stomachs have been examined for this work were taken near orchards and grainfields, and there can be little doubt that, with the spread of cultivation, the species will adapt itself to a somewhat different environment and become of economic importance. AVe find, in fact, that its food is made up of practically the same orders and families of insects that compose the diet of birds living on agricultural lands, but the relative proportions differ widely, and in most cases the species are probably different. Only 41 stomachs of the cactus wren were available for examina- tion. They were taken in the region from Los Angeles to San Ber- nardino, and from July to January, inclusive. They contained about 83 percent of animal matter to 17 of vegetable. Animal food. — Beetles and Hymenoptera, the latter ants and wasps, were the two most important items of the animal food. Each made up about 27 percent of the total. The beetles belong to several families, but weevils, or snout-beetles, were the most noticeable, and amount to sorneu^hat more than 10 percent. One stomach contained 11 of tliese insects and another 10, while others held fewer. Only one species, Rhigopsis cffiaoia, way identified. Five of these were in 1 stcmaoh. The ether beetles belong* to more common familiCo. Coccinellids ^ere found in 1 stomach and carrion beetles in 2. They were the only insects noted that can be considered as useful. Hymenoptera are represented by many ants and a few wasps. These are just the insects which the cactus wren might be expected to find, for dry land and sunshine are the conditions which faA^or these crea- tures. Grasshoppers amount to a little more than 15 j^ercent. This Bull. 30, Biological Survey, U. S. Dept of AgricuHure. Plate IV. Cactus Wren (Heleodytes brunneicapillus couesm. WRENS. 65 is the only wren that eats these insects to any considerable extent except as nestlings. Bugs (Hemi])tera) amount to only a little more than 5 percent of the food, A\'hich is the smallest quantity eaten by any of the wren family. This item, however, contains one unexpected element — that is, black scales (Saissetia). These appeared in G stomachs, and must haAe been obtained from trees or shrubs, possibly from fruit trees. In any case their destruction is a w'elcome service. Caterpillars and their allies (Lepidoptera) were eaten to the extent of a little more than o percent. Among them were many cocoons of tineid moths, indicatinof affain that the cactus wren obtains some of its food from trees and shrubs. A few unidentifiable insects and spiders amount to somewhat more than 3 percent. This is the smallest record for spiders of any of the wren family, which is much given to eating these creatures, finding them in crannies in rocks, stumps, and other places. A few of the long bones of a tree frog were found in 1 stomach. VegetoMe food. — Seventeen percent of vegetable matter was found in the stomachs of this bird. This is the largest percentage found in the stomachs of any species of wren yet examined. The vege- table food of the cactus wren consists of fruit pulp and weed seeds. The former amounts to nearly 13 percent, but in all cases where identification was possible consist|d of wild species. Of these, only 3 were fully identified — cactus (Opuntia), elderberry (Sambucus), and Cascara (Rhamnus), the last only in 1 stomach. Nothing was found to indicate that cultivated varieties had been eaten. Seeds, which amount to 4 percent, are those of the poison oak (Rhus), and a nonpoisonous species, with filaree (Erodium) and Amisinckia, most of them useless plants or Avorse. SUMMARY. From this brief inspection of the cactus wren's food it is seen that it contains but little that is useful to man, while the great bulk is made up of elements that are, or would be, harmful if present on cultivated lands. The bird thus sustains the good reputation of the rest of its family. OTHER WRENS. Some half a dozen stomachs each of the western winter wren {Olbior- chili/s hiemalis paeif.cun) and dotted canyon wren {Gather pes mexi- canus punr.tulatus) and the rock wren {Salpinctes ohsoletns) have been examined. This number is entirely too small to serve for specific statements in regard to their food except that it may be said 9379— No. 30—07 5 66 BIRDS OF CALIFOENIA AFFECTING FRUIT INDUSTRY. that it corresponds closelj^ to that of the other species of the family discussed in foregoing pages. From this somewhat limited inA^estigation of the food of the California wrens several points may be regarded as established: (1) That these Avrens are essentially insectivorous; (2) that an over- whelming majority of the insects composing their food are harmful species; (3) that the quantity of vegetable food eaten is so small as to have no economic imj^ortance. CALIFORNIA CREEPER. (Certhia famiUaris occidentaUs.) Only 7 stomachs of the California creeper were available for examination, but they confirm the good opinion observers have formed of the habits of this bird. Like tlie titmice and nuthatches, the creeper is an indefatigable forager on the trunks and branches of trees, and the food it obtains there is of the same nature — that is, small beetles (many of them weevils), wasps, ants, bugs, caterpillars, and a few spiders. Of the 7 stomachs examined, only 1 contained vegetable food, and this had only 19 percent of seed, too much digested for identification. While the creeper is not systematically classed with the nuthatches and titmice, its food habits closely ally it to these birds and to the wrens, and whatever good is true' of them applies with equal force to the creeper. NUTHATCHES AND TITMICE. (Pari dee.) Few families of birds contain so many absolutely harmless and thoroughly useful species as that of the nuthatches and titmice. All of the American species are small, and several are so minute that the larger species of humming birds exceed them in size. In colors they are neither brilliant nor showy, black, white, brown, and gray being the predominant tints of their plumage. In manners and voice they are equally unobtrusive, and so little do their movements attract atten- tion that one may be surrounded by them in the forest before he is conscious of their presence. More than forty species and subspecies of the titmouse family reside within the limits of the United States, of which some fifteen live in California. From an economic standpoint the titmice are the reverse of insig- nificant. They are essentially inhabitants of trees and shrubs, and obtain almost their entire living from them. Their food consists largely of small insects and their eggs and larvse, and, as the individ- uals of most of the species are numerous and spend all the daylight hours searching for food, it follows that the number of harmful NUTHATCHES AND TITMICE. 67 creatures they destroy is beyond calculation. As conservators of forest and orchards there are few birds that compare with them. The insects they destroy are largely those that feed upon the leaves, blossoms, and fruit of trees, with some that bore into the wood or burrow under the bark, thereb}^ injuring or killing the tree itself. On the other hand, they do not prej^ upon fruit, grain, or other prod- uct of husbandry. The small amount of vegetable matter they eat consists principally of small galls, whose destruction is a benefit, with a few seeds and a little wild fruit. PYGMY NUTHATCH. (Sitta pygmwa.) The nuthatches are small, inconspicuous birds that live upon trees and for the most part remain in forests or groves, though not rarely visiting the orchard. While allied to titmice they form a fairly well- defined group and can be easily distinguished from titmice proper. As gymnasts they probably lead the avian world. After watching their movements one might suppose that nature had quite exempted them from the operation of the laws of gravity, as they move up or down a tree with equal facility, or along the underside of a horizontal branch where they inspect a promising knot hole or cranny, appar- ently without the least idea rhat they are upside down. The food they obtain from trees is of the same general character as that of the rest of the titmouse family. Unfortunately only a fcAv stomachs of these birds are at hand for examination — enough, however, to give a general idea of the diet. The pygmy nuthatch is the smallest of the group, but as a destroyer of noxious insects it is far from insignificant. Only 31 stomachs of this feathered midget are available for examination, but the number is sufficient to bring out some strong points of the bird's diet. The relative proportions of animal and vegetable food, as indi- cated by the contents of these stomachs, are approximately 83 percent of the former to 17 percent of the latter. An'tmdl food. — The largest item of animal food is Hymenoptera, composed mostly of wasps, with a few ants. They amount to about 38 percent of the whole. Next in order are Hemiptera, aggregating 23 percent. A large proportion of these belong to the family Cer- copidffi, commonly known as spittle-insects, from the fact that they develop inside of a froth-like substance resembling saliva produced in summer upon grass and various plants and trees. While none of these insects have yet become pests, there can be no doubt that collectively they do considerable harui to plants, as sometimes they are very abundant and subsist entirely upon their sap. 68 BIEDS OF CALIFOENIA AFFECTING FEUIT INDUSTRY. In this connection peculiar interest attaches to the contents of 20 stomachs of the pygmy nuthatch from the pine woods of Pacific Grove, near Monterey, June 24 to July 13. Eighteen of these stomachs contained remains of Cercopidse, and six were filled with them. The average for the 18 stomachs is a little more than TO per- cent of all the food. They were not identified specifically, but undoubtedly are one of the several species known to feed upon the pine. Beetles of various families form about 12 percent of the food. There were many weeviLs, or snout-beetles, in the stomachs, and some coccinellids, which Avere the onl}- useful insects found. The}^ amount to 9.6 percent, which is the largest record for any bird yet examined, except the vireos; but as this percentage is based upon the examina- tion of so few stomachs, it can not be considered as wholly reliable. Caterpillars amount to 8 percent, and with a few spiders (1 percent) account for the rest of the animal food. Vegetable food. — The vegetable portion is made up almost entirely of seeds, of Avhich a majority are those of conifers, as was to be expected from the habits of the bird. Two other Hj)ecies of nuthatches, the slender-billed {Sitta c. aculeata) and the red-breasted {Sitta canadensis) occur in California. A few stomachs of each have been examined and the contents found to agree substantially with the foregoing. SUMMABY. In conclusion, it may be said that, like other genera of the Paridae, nuthatches are eminentl}^ useful birds. They do not prey upon culti- vated crops, eat but few useful insects, and probably are among our most efficient conservators of the forest and of the orchard. PLAIN TIT. (B(Folophus inoniatus.) (Plate V.) The plain tit, like the rest of its family, is quiet and unobtrusive, attracting little notice by its voice and movements, and probably is the most modestly dressed of them all. While it seems to prefer to hunt on oaks, it does not neglect fruit trees, and often may be seen flitting about the orchard. The general character of its food is the same as that of other small arboreal species. The relative proportions consumed, however, differ somewhat from those taken by other members of the family. The plain tit eats a greater proportion of vegetable food than any other titmouse so far as known, and. what is more remarkable, a large part of this consists of the pulp of fruit. Bull. 30, Biological Survey U, S, Depl. of Agriculture. Plate V. Plain Titmouse 'Baeolophus inornatus'. NUTHATCHES AND TITMICE. 69 The following brief account of the food of this bird can be con- sidered only preliminary, as but 76 stomachs were available for exam- ination. These, however, are distributed through the year, so that every month is represented by at least three. While these results may be modified by future investigation, they probably afford a fair general idea of the yearly food of the species. Anhnal food. — Unlike most of the titmice, the plain tit eats less animal than vegetable food, the proportion being 4o percent of animal to 57 of vegetable. Examination of a greater n.umber of stomachs may modify these figures but probably will not reverse them. The animal food is quite evenly divided among a number of elements, but, as with the bush tit, bugs (Hemiptera) appear to be the favorite, mostly eaten during the summer months. These amount to 12 percent of the food. This is a little more than one-fourth of the amount of Hemiptera eaten by the bush tit. The black olive scale is a prominent element of this part of the diet, and forms nearly 5 of the 12 percent. In the month of August nine stomachs were taken, and 34 percent of their contents consisted of these scales, while one stomach was filled with them. The plain tit probably eats this insect more or less throughout the year, but the limited number of stomachs under consideration does not warrant a positive statement. The other hemipterous food consists of representatives of several families, such as leaf-hoppers (Jassida-), jumping plant-lice (Psyllidse), tree-hop- pers (Membraciclse), and other remains not identified. Lepidoptera, represented mostly by caterpillars, are the next most important ingredient of the food. They amount to nearly 11 percent, and are mostly eaten during the warm months, though one stomach taken in March was filled with caterpillars and one moth. Beetles (Coleoptera) are next in importance in the food, of which they form nearly 7 percent. All are harmful species, but the mem- bers of one family are especially interesting. The genus Balaninus is composed of weevils in which the snout attains its greatest length, and sometimes is as long as the rest of the body. The insects, by means of this long snout, bore into nuts and acorns, wherein they de- posit eggs, which hatch grubs that eat the nut. The tit finds these beetles while foraging upon the oaks. One stomach contained the remains of 13 of them, another 11, a third 8, and a fourth 7, while others contained fewer. The plain tit feeds upon mast to some extent, and it is interesting to note that some of the stomachs which held remains of Balaninus contained acorn meat also, showing that the birds found the one while foraging for the other. IIymenoi)tera in the shape of ants amount to nearly 4 percent, while wasps nuike up the total of this order to about C^ percent. 70 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. Other insects aggregate a little more than 5 percent. Tipiilid flies (daddy-long-legs) were found in several stomachs, as were grass- hoppers also. One stomach contained the remains of 13 of the latter, a remarkable number for so small a bird, but the bulk was not great, and they Avere probably the debris of several meals. Spiders are a very constant article of food, but do not appear in great numbers, as tlije average for the ^^ear is somewhat less than 1 percent. Vegetable food. — In the vegetable food of the plain tit, fruit amounts to nearly 32 percent. Fruit is a rather surprising item of the food of this bird, as no one, so far as the writer can learn, has ever accused it of destroying fruit. The quantity is three times as much as is eaten by the linnet, and is another illustration of the fact that in estimating the status of a species the number of individuals as well as the amount eaten by each individual must be considered. The fruit consumed appears to be of the larger cultivated varieties, as no seeds of wild berries were found. Cherries were identified in a number of stomachs, and pulp of the laroer fruits was abundant. As considerable of this was contained in stomachs taken in the late fall and winter months, it is evident that it Avas refuse left on the tree and of no value. Not only does the plain tit eat fruit, but to some extent it indulges also in grain. Oats Avere found in a number of stomachs and constituted nearly 30 per- cent of the contents of two stomachs taken in January. Grain is probably not eaten to any considerable extent, hoAveA^er, as the amount for the year is but little OA^er 1.5 percent, and oats Avas the only variety identified. Leaf galls, seeds of poison oak, Aveed seeds, unidentifiable matter and rubbish make up the remainder, 24 percent, of the vege- table food. None of these are of much economic importance, except that the distribution of poison-oak seed is a nuisance. SUMMARY. From this somewhat imperfect revicAV of the food of the plain tit it is evident that in its present numbers it is useful. The insects it eats are practically all harmful and the scales exceedingly so. More- oA'er, its habit of foraging in trees enables it to capture some of the Avorst enemies of fruit and renders its work in this direction iuA^alu- able. On the other hand, it eats quite a large percentage of fruit, most of Avhich appears to be of cultivated varieties, and should the bird ever become as abundant as the linnet noAV is it Avould undoubt- edly be a pest. This contingency, hoAvever, is extremely unlikely. CHESTNUT- SIDED CHICKADEE. (ParHs nifcscciis subspp. ) While this bird at present inhabits mountain regions rather than orchards, still it may not be out of place to gi\^e a short digest of our NUTHATCHES AND TITMICE. 71 knowledge of its food. Fifty-seven stomachs were available for examination, and these were taken in every month of the year, except March, April, and May. The food consisted of nearly 65 percent of animal matter and 35 of vegetable. Animal /oof/.— Caterpillars constitute 18 percent of the animal portion. They were found in nearly every month in which stomachs Avere taken, there being a fairly good percentage even in January and December. The greatest amount, 53 percent, was eaten in August. Hemiptera, consisting of leaf-hoppers, tree-hoppers, and olive and other scales, constitute the most important item of food, and amount to about 25 percent. These were found in all except two winter months. Wasps were eaten to the extent of 13 percent of the food, but no ants were found. Beetles amount to less than 2 percent of the food, but nearly all are noxious; weevils appeared in one stomach. Flies and grasshoppers are conspicuous by their absence, and not even a trace of one was discovered. Spiders are a very constant ele- ment of the food of nearly all the titmice. In that of the chestnut- side they amount to nearly 7 percent for the year, though in August they constitute nearly K) percent. Vegetable food. — The vegetable portion of the food consists of fruit pulp 8 percent, seeds nearly 20 percent, and miscellaneous mat- ter 7 percent. Fruit pulp was found only in a few stomachs taken in the fall and winter and was probably waste fruit. The seeds eaten were mostl^^ those of coniferous trees, as was to be expected of a bird which spends so much of its life in evergreen forests. The miscel- laneous items of the vegetable food are leaf galls, bits of moss, and rubbish. SUMMARY. The above sketch of the chestnut-sided chickadee, while very imperfect, suffices to show the general character of its food. A few stomachs also of the mountain chickadee (Parus gamheli) have been examined and the contents foi^nd to agree in a general way with the food of others of the group. WREN TIT. {ChdiiKicd fdsciiitd subspp. ) This modest, secretive bird, like the eastern chat, is more often heard than seen. At present it does not often live in orchards and gar- dens, and when it visits these it sticks closely to hedges and the denser parts of the shrubbery. In general it keeps to its original abiding places in the dense chaparral of canyons and hillsides. So long as it is confined chiefly to these situations its food habits will never be of 72 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. more than secondary importance, but as cultivation spreads the bird will be forced more and more to reside in cultivated districts. The number of stomachs available for examination is 165, and as they represent every month except July they afford a fair idea of the salient features of the bird's yearly food. Of this 52 percent 'm animal matter, insects and spiders, and 48 percent of various vegetable substances. Animal food. — The most important item of the animal food con- sists of ants and wasps (Hymenoptera), which amount to 23 percent of the whole. This is in strong contrast to the bush tit, whose diet contains scarcely aiiy of these insects. About half of the Hymenop- tera are ants. This is exactly what might be expected of a bird of such terrestrial habits and one so given to lurking under bushes and about decaved logs and rubbish. The other insects of this order are small wasps. Beetles, collectively, the next most important item of food, amount to about 10 percent. The only useful species iden- tified were a few ladybirds (Coccinellidae), and a separate account of these was kept in order to estimate the harm done by their destruc- tion. The result shows that the diet of the wren tit contains less than 1 percent of these useful beetles. The remaining beetles belong to various families, all of them harmful to vegetation. Caterpillars constitute a little less than 8 percent of the food, and are a very con- stant element of the diet. They appear to be eaten at all seasons, but in the earlv summer thev amount to about one-fourth of the food. Quite a number of cocoons of tineid moths also were present in the food. Bugs (Hemiptera) are eaten to the extent of about 7 percent of the animal diet. In this respect the wren tit differs from the bush tit, over 44 percent of whose food is made up of these noxious insects. In one particular, however, the two birds are alike; scales (Coccidoe) are prominent in the food of both. The black olive scale {Saissetia olece) and the greedy scale (Aspidiotns rapax) were identified in tlie stomachs of both birds, and many not specifically identified were found. The scales were probably obtained from orchards, as it is not likely that these insects have spread to wild plants and forest trees. As scales are to be had at all seasons they are a constant element of the food of tits. The remaining animal food, less than 5 percent, is composed of various insects and some spiders. One stomach contained the legs of a grasshopper and another the remains of a wood-cricket. These are the only orthopterous remains in any stomach. Flies (Diptera) were eaten very sparingly. Spiders aj)- peared in a great many stomachs but not in large numbers. They amount to a little less than 2 percent of the food. In one stomach Avere found 20 mites, commonly parasitic on beetles and other insects. Their hosts had probably been eaten by the tit. NUTHATCHES AND TITMICE. 73 VegetaUe food.— The vegetable contingent of the food, 48 percent, is made up of various substances, but may be arranged in three cate- gories—fruit, poison-oak seeds, and other vegetable matter. Fruit, identified by seeds, pulp, and skins, amounts to a little more than 20 percent of the whole food. Few direct complaints, however, have been lodged against the wren tit on the score of damaging fruit, and yet this record is nearly twice that of the linnet— the bird against which the heaviest charges are made by the orchardist. The reason for this difference is probably not far to seek. There are undoubtedly a hundred linnets in California to one wren tit. This again illus- trates the point before made, that the mischief done by birds usually results from a superabundance of the individuals of a particular species, all uniting simultaneously to attack some particular product. Moreover, the fruit consumed by the wren tit consists largely of wild varieties — such as elder berries (Sambucus), snow berries (Symphori- carpos), coffee berries (Ehamnus), twinberries {Lo7iicera involu- crata)., and others of a similar character. Seeds of blackberries or raspberries (Eubus) were found in a few stomachs, but these may have been either Avilcl or cultivated. As the seeds of poison oak {Rhus diversiloha) occurred in many stomachs a separate account of them w^as kept. From August to February, inclusive, they form a constant and important element of the diet. For these seven months they constitute more than one- fourth of the food, and the average for the year is over 16 percent. It seems natural enough that the wren tit should eat these seeds, as they are abundant and easily accessible. The fact is to be deplored, however, as they are not destroyed in the stomach, but either pass through or are regurgitated in condition to germinate. The seeds apparently are eaten for the sake of the rather thin layer of dry white pulp that surrounds them. No doubt this is very nutritious, as in winter poison-oak seeds are a common article of diet for many species of birds. The rest of the vegetable food, over 11 percent, is made up of a few Aveed seeds, leaf galls, and rubbish. None of it has special economic significance. FOOD OF YOUNG. Amono- the stomachs examined were those of a brood of 5 nest- lings about two weeks old, and therefore nearly ready to leave the nest. The results are of interest as shoAving that the wren tit fol- loAYs the usual rule and feeds its young entirely on animal food. The largest item is caterpillars, Avhich amount to 63 percent of the contents. Sjuders, with their cocoons and eggs, are next in import- ance, Avitli 1. -..(') percent. Bugs, mostly leaf-hoppers, form 12.2 jier- cent. Heetles of the ]\rav-l)eetle family, with a trace of eggshell, 74 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. make up the remainder, 9.2 percent. One can not fail to notice the soft nature of most of this food provided for the young. The beetles are the only exception, and these were the smallest item. SUMMARY. In summing up it is evident that so far as its natural food is con- cerned the wren tit does little or no harm, as coccinellid lieetles, the only really useful insects it eats, are consumed very sparingly. Its vegetable diet presents two points for criticism. It eats a moderate amount of fruit, and were the bird as abundant as the linnet the harm it would do in orchards would perhaps more than counterbalance the good. The wren tit, however, naturally is a denizen of dense shrub- bery, ^nd as this is cleared aw^ay for farms and orchards the species is likely to diminish in numbers rather than increase, unless its habits radically change. The consumption of the seeds of poison oak is an unfortunate habit, since it aids in the dissemination of this poisonous plant, already too common and widespread. All things considered, the wren tit for the present is to be classed as beneficial. CALIFORNIA BUSH TIT. (Psaltripnnis mhiinnis califoniicus.) (Frontispiece.) The bush tit is one of the smallest species of the family, and although its name implies that it is partial to bushes, it more often is seen in large oaks and frequently on the tops of the highest trees. It shows the same indifference to the presence of man as the rest of the family, and frequently may be observed scrambling over orchard trees in search of its favorite food and paying no attention to the observer. That it does not prey upon fruit to an appreciable degree appears from the fact that less than 1 percent of its food for the year consists of fruit. Insects that live on trees, however, constitute four-fifths of its food, and most of these are harmful. In the investigation of the food of this bird 353 stomachs Avere examined. They were collected in every month of the year, although April is represented by but a single one and March by only six. The greater number were taken during the growing months, when fruit and grain abound, and the fact that in these months the bird ate almost none of these products speaks volumes in its favor. The first analysis of the food of the year gives nearly 81 percent animal mat- ter, composed entirely of insects and spiders, to 19 percent of vege- table. As the bush tit inhabits the same range during the year, monthly variations in the kind and proportions of food are only NUTHATCHES AND TITMICE. 75 such as seasonal changes necessitate, and as these do not largely aiFect insects, which constitute the great bulk of the bush tit's food, it follows that the variation in diet from one month to another is not great. The smallest quantity of animal food was in March, when it amounted to 53 percent, but the percentage was almost exactly the same for November. One stomach taken in April contained nothing but insects and spiders, and 11 collected in June contained no vege- table food. Probably examination of a gre'ater number collected in these months would result differently. AVhile the material available for the present investigation is not so extensive as could be desired, it is sufficient to indicate beyond reasonable doubt that the relative pro- portions of animal and vegetable food in the diet of the bush tit vary little from season to season. Animal food. — The largest item in the insect portion of this bird's food consists of bugs (Hemiptera), which amount to over 44 percent of the whole. The gnatcatchers are the only birds yet investigated whose diet is made up so largely of this order of insects. Moreover, the particular families of Hemiptera so extensively eaten by the bush tit are the two that are most destructive to the interests of horticul- ture— namely, the plant-lice (Aphididse), and bark-lice, or scales (Coccidw). The last amounts to nearly 19 percent of the year's food, and are eaten in every month. The greater number are consumed in July, 4C) percent ; June follows second in rank, when they constitute 33 percent of the food of that month. The large black olive scale (Sah.^etia olece) was identified in 44 stomachs, but other species also w-ere found. The question is often asked. Does any bird feed upon the San Jose scale? While the writer is not prepared to give a posi- tive affirmative answer from direct evidence, there can be no reason- able doubt that this insect is often eaten by birds. It must be borne in mind, however, that the so-called San Jose scale is one of the smaller species, and its distinctive characters are so minute tliat after it has been taken into a bird's stomach, mixed with other food, and more or less digested, it is impossible to determine its identity. It is easy to ascertain that a pasty mass in a bird's stomach is composed of scales partly digested, but to identify the species is quite another matter. The olive scale and others of its genus, on the orher hand, are so large and their shells are of such structure that they can often 1)e identified, at least generically, even from fragments. While the San Jose scale was not positively determined, another species of the same genus, the greedy scale (A.sp/dlofiis rapax), was found in 4 stomachs, and scales not specifically identified Avere found in 113. Of a total of 353 stomachs, 158 held scales; several were entirely filled with them, and in quite a number upwards of 90 per- cent of their contents consisted of these insects. No other family of insects was identified in so manv stomachs. As it is certain that the 76 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. food contained in a bird's stomach at a given time is onlj^ a fraction of the daily consumption, we may infer that not many days pass in the life of a bush tit when it does not eat a considerable number of scales. Before leaving the subject it may be well to add a few words on the economic relations of scale-insects in order that the value of the work done by the bush tit may be fully appreciated. Mr. Marlatt says: The most destructive insect enemies of fruits in California are undoubtedly the scale insects, few if any other insects, aside from the grape Phylloxera, at all approaching them in this respect. Of these, the ones of greatest moment and in the control of which vast sums of money are expended are the black scale, the red scale, and the San Jose scale. For the olive and citrus plants the black scale is the most important, and for the deciduous plants the San Jose scale takes similar rank." When the immense number of bush tits and other birds in Califor- nia that eat scale insects is considered, it becomes evident that the aggregate of these pests annually destroyed by them must be enor- mous. It may be urged that despite the attacks of birds, scales have caused, and still are causing, much damage to fruit trees, and that the work of birds alone is inadequate to save the trees from destruction. This is undoubtedly true, but it must be remembered that the birds are confronted with abnormal conditions. The great and rapid development of the fruit-growing industry on the Pacific coast and the simultaneous and widespread introduction of several new species of scales resulted in a sudden increase of these pests, while their ene- mies, th(} birds, enjoyed no such opportunities for increase. In time, no doubt, an equilibrium would have been reached, and birds would have played an important part in establishing this by exerting a con- stant and steady check uj)on the increase of scales. Unaided, how- ever, their numbers are too few to cope with the insects which, under favorable conditions of climate and environment and unmolested by other natural insect enemies, multiply to countless myriads. The remaining portion of the hemipterous food of the bush tit. over 31 per cent, is made up of plant-lice, tree-hoppers (Membracidse) , leaf-hoppers (Jassidit'), some jumping plant-lice (Psyllid?e), and a considerable number of false chinch bugs {Nysins angustatus) ^ with a few lace-bugs (Tingitidse). Of the plant-lice little need be said. As pests to vegetation their reputation is world-Avide. No part of a plant is free from attack. The}^ infest leaves, trunk, and roots, and some of their legions of species prey upon nearly every kind of land plant. They are a frequent element of the food of the tit, but as their o Insect control in California, by C. L. Marlatt, U. S. Dept. of Agriculture, Yearbook, 1896, p. 220. NUTHATCHES AND TITMICE. 77 bodies are of the softest texture specific identification is not possible. Many of them, however, Avere determined to be of the species com- monly called ' Avoolly aphides,' as their bodies are covered with a white cottony or woolly substance. Aphides were identified in 30 stomachs, but it is probable that they w^ere contained in more, as a pasty mass that could only be called ' hemipterous remains ' w^as of frequent occurrence. Leaf-hoppers were found in many stomachs, and appear to be favorite food. Tree-hoppers also are eaten to a con- siderable extent, and as their bodies are hard, like those of beetles, they are more easily recognized than plant-lice. The jumping plant- lice were found in a fcAv stomachs, but were rather difficult to dis- tinguish in the conglomeration of plant-lice and other soft-bodied insects. False chinch bugs Avere found in a number of stomachs from the southern part of the State. These, perhaps, w^ere the best preserved of any of the insects, for in most cases they could be dis- tinguished individually. Over 50 Avere taken from one stomach. Next to the bug family, the favorite food of the bush tits seems to be beetles. They constitute somcAvhat over 10 percent of the year's food and attain their maximum in September, Avhen they amount to a little more than 27 percent of the food. The fewest were taken in December — less than 1 percent — but in all the other months they Avere foinid to a moderate extent except in the one stomach taken in April, which contained none. Among them w^ere species of the ladybug family (Coccinellidfe), Avhich are useful insects, as they are mostly carnivorous and feed largely upon plant-lice. In order to ascertain just hoAv much harm the tit does in de\'ouring ladybugs, a separate account was kept, and it was found that the total amount eaten dur- ing the year was 2.4 percent of the Avhole food. Most of these insects w^ere eaten in September and October, Avhen the consumption amounted to 11 and 6 percent, respectively. These are the only decidedly useful insects eaten by the bush tit, and in vicAV of their small number the subject may be dismissed Avithout further com- ment. The other beetles taken Avere largely small leaf-beetles (Chrys- omelidse), all of Avhich are harmful. With them Avere some small w^eevils (Rhynchophora), Avhich feed upon seeds and other parts of plants, Avith a fcAv scolytids that burroAV under the bark of trees to their great injury. Butterflies and moths (Lepidoptera), most of them in the larval form (caterpillars), are next to beetles in importance in the food of the bush tit. They are, however, far from being such favorite food as bugs. The total is a little more than IG percent. They are fairly evenly distributed through the year, though in spring and early sum- mer they are consumed to a somewhat larger extent than in fall and Avinter. The greatest consumption was in May, Avhen they aggregated 78 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. nearly 60 percent. Lepidoptera in the adult form do not a^ a rule constitute an important part of the diet of birds, but, with the excep- tion of the flycatchers, the titmice perhaps eat the most. The greater number consumed by these insects, however, are eaten as larva? — cat- erpillars. A few, however, are eaten in the pupa state, and here the bush tit has a good record. In a number of stomachs were remains of the pupa? of the codling moth, one of the worst pests to the apple industry. This insect is protected from the attacks of birds by its peculiar mode of life. It passes the larval stage inside the apple. The adult moth flies mostly by night and hides during the day. AVlien the larva is full grown it leaves the apple and seeks a place of concealment, such as a crevice in the bark of the tree, a crack in the trunk, or among rubbish on the ground, where it changes to a chrj^s- alis. It is in this stage that the insect is most vulnerable to the attacks of birds, and as the whole family of titmice get most of their food by searching in just such places as those used for concealment by the larva, it is not surprising that they find and devour many of them. The cocoons of certain tineid moths are a very constant, thougli not large, component of the food of the bush tit. The larvae of many of the Tineina are leaf -miners, and therefore injurious when attacking economic plants. Strangely enough, wasps and ants (Hymenoptera) are nearly absent from the food of this bird. The total amount for the year is less than 1| percent. In view of the fact that ants are always crawling over the trunks and branches of trees, the very places where the tits feed, it seems strange that so few of them are eaten. Moreover, plant-lice always have ants in attendance upon them, and when tits eat so many plant-lice it is rather remarkable that they should not take some of the ants also, as do the smaller woodpeckers, whose food habits are in many respects so similar. In 353 stomachs onl}^ two ants were identified, one in the adult and one in the pupal stage, and these were in separate stomachs. In 17 other stomachs a few frag- ments of what probably were small wasps were found, which make up the total of the hymenopterous diet of the bush tit. The remaining animal food of this bird, about 8 percent, is com- posed of various insects, such as a few flies, a few bits of grasshoppers, insects' eggs not further identified, with a considerable number of spiders. That the tits should not eat grasshoppers is not surprising, as these insects do not commonly infest trees where the birds feed, and as a rule they are rather large game for such small birds. The great bulk of the 8 percent, however, consists of spiders, which con- stitute a constant item of food in every month. Quite a number of pseudoscorpions also were found in the stomachs, but. owing to their minute size, the j^ercentage is not very noticeable. NUTHATCHES AND TITMICE. 79 Vegetable food. — The vegetable food of the bush tit may be consid- ered under two categories — fruit and miscelhineous matter. Friut in some form was found in stomachs taken in the months from August to November, inchisive. The average amount eaten in those four months was a little less than 1 percent. It is represented in the stomachs b}^ pidp and skins, which have not been further identified. The miscellaneous vegetable matter is composed of a few seeds, gran- ules of poison oak {Rhus diversiloha) , leaf galls, and rubbish. The seeds of j)oison oak are eaten by many birds, and so are distributed about the country, but, as a rule, the}^ are too large to be swallowed by the tit, which contents itself with pecking off the wax surrounding the seed. This is identified in the stomachs by certain woody gran- ules. A large portion of the vegetable food consists of small galls, api^arently from leaves. They are eaten when first developed, when 3'oung and tender. As each of these probably contained an egg or grub, it is questionable if they should not be classed as animal food. The remainder of the vegetable matter is of such a nature that the only term which really describes it is ' rubbish.' It is probable that it is mostly taken accidentally along Avith other food, and perhaps should not be considered in the food category. FOOD OF NESTLINGS. Among the 353 stomachs of the bush tits whose food has been discussed was one brood of eight nestlings about ten days old. As these are the only nestlings collected, their food would merit atten- tion, but examination shows it to be of unusual interest. The veee- table matter in these stomachs was only three-fourths of 1 percent and consisted of one seed and some rubbish. The animal matter comprised, apiDroximately : Beetles 2, wasps 2, bugs 8, caterpillars and pupae 80, and spiders 7 percent. The point of greatest interest, hoAvever, lies in the fact that every one of these stomachs contained pupa? of the codling moth, distributed as follows: Two stomachs contained 2 each, two contained 3 each, one contained 4, one 7, one 9, and one 11, making 41 in all, or an average of over 5 to each. The oak tree in which these birds were found was in a belt of timber along a creek, and just across the stream was a considerable area of neglected orchard. It is evident that the parent birds used this orchard as a foraging ground and did their best toward remedying the neglect of the owner. As with nestling birds feeding and diges- tion arc almost continuous during the hours of daylight it follows that the above record would be several times repeated during a day's feeding. There were probably not less than a dozen nests of the bush lit (several were seen) along the border of this orchard, and if, as is probable, the occupants all did as good work as the ones 80 BIEDS OF CALIFORNIA AFFECTING FEUIT INDUSTRY. recorded it is evident that the birds must exert a powerful restrictive influence upon the increase of the codling moth, as well as other insects. SUMMAKY. In a resume of the food of the bush tit the most prominent points to be considered are the fact that four-fifths of its diet consists of insects and spiders, nearly all of which are harmful ; that more than half of its animal food is limited to a single order of insects, Hemip- tera; that it eats the particular families of this order which contain the worst of insect pests; that the vegetable contingent of the food is made up almost entirely of substances of no economic value. It is doubtful if more efficient checks upon the increase of many species of forest and orchard insects can be found than the titmice and other closely related species. Bush tits, therefore, are a valuable asset to the State of California and should be protected and encouraged in every possible way. Following is a list of insects identified in the stomachs of bush tits : COLEOPTERA. Crepidodera helxines. Diachus auratns. Orthoperus sp. Corticaria sclssns. Scymnns marginicollis. Scymnns pallens. Scymnns nanus. Notoxus alamedcc. AntJiirus sp. Apion vespcrtin mil. Deporaus glastinus. HEMIPTERA. Nysius angustatus. Geocoris bullatns. Saif^srtin olca\ A sp id lot us r'apax. Carpocapsa pomonella. LEPIDOPTERA. The following families of Hemiptera were identified : Tingitidfe. Capsidse. Membracidse. Jassidae. Psyllidtv. CoccidiTp. Aphididne. KINGLETS. Kinglets, like gnatcatchers and titmice, are small, active birds and spend most of their lives on trees. So nearly do the feeding habits of these diminutive arboreal species resemble each other that in winter it is not unusual to see companies of titmice, kinglets, creepers, and nuthatches all together, engaged in the same unending search for KINGLETS. 81 food. When one notices how thoroughly each tree is inspected by dozejis of pairs of keen, prying eyes, he is surprised that any insects or their eggs shoidcl survive to produce broods. RUBY-CROWXEl) KINGLET. ( Refiulus. calen dula. ) The ruby-crowned kinglet is known in California principally as a winter resident, though in some of the high mountains it remains through the summer and breeds. Its small size would prevent it from doing appreciable injury to fruit or grain were any to be had when it is in the fruit and grain raising regions. As might be inferred from field observations, its diet consists almost entirely of insects and their eggs, and the number it destroys is beyond computation. In investigating the food of the kinglet 204 stomachs were exam- ined, all taken in California from September to April, inclusive. Only 1 stomach was collected in September, 5 in March, and 5 in April. The other included months are fairly well represented. The food consisted of 94 percent of animal matter and 6 percent of vege- table. It was made up of insects, spiders, and pseudoscorpions — ■ minute creatures resembling microscopic lobsters — fruit, weed seeds, etc. Animal food. — The animal food is quite evenl}^ distributed through the season. The greatest amount, 100 percent, appeared in the first and last tw^o months, and the least, 79 percent, in January. Hyme- noptera, in the shape of wasps, and a few ants appear to be the favorite food, as they aggregate over 32 percent of the whole. Thei stomach taken in September contained none of them, but in every other month they are fairly well represented, and with but little variation until March, Avhen there is a sudden increase, which con- tinues in April. This is undoubtedly due to the increased numbers of these insects following the return of warm, dry weather, for the order is noted for its fondness for warmth and sunshine. Adverse criti- cism may be made upon this element of the kinglet's diet, as fl^ang Hymenoptera are useful agents in the fertilization of flowers, and some species of plants are dependent upon them for the performance of this important function. The ])arasitic species of this order also Avere found to some extent in the food of the kinglet, and unques- tionably many, of these are decidedly useful. In the food of the kinglet, bugs (Hemiptera) are next in impor- tance. They constitute nearly 26 percent of the diet, and are found in greatest quantity in the first months of the bird's winter stay, in 'September and October, but gradually decrease till spring. 9379— No. 30—07 G 82 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. The following families of Hemiptera were recognized in the stom- ach contents: Assassin-bugs (Reduviidse), lace-bugs (Tingitidse), leaf-bugs (Capsidse), leaf -hoppers (Jassidse), tree-hoppers (Membra- cidfe), jumping plant-lice (Psjdlidse), plant-lice (Aphididae), and scale-insects (Coccidae). Stink-bugs (Pentatomida^), which are the most universally eaten by birds of am^ Hemiptera, are entirely want- ing. Evidently it was not- lack of opportunity that prevented the kiufflets from eating the last-named insects, for other birds collected at the same time and place had partaken of them freely. From the human point of view it is not strange that birds should reject them, for to us their odor is vile and their taste nauseous. It will be noticed that the Hemiptera selected by the kinglet are mostly species of small size, but happily they are the very ones that are the most harmful to the interests of man. The tree-hoppers, the leaf-hoppers, and the jumping plant-lice, when abundant, are pests, and often do great harm to trees and smaller plants, while the plant-lice and scale- insects are the worst scourges of the fruit grower — in fact, the preva- lence of the latter has almost risen to the magnitude of a national peril. As has been before pointed out, it is these small and seemingly insignificant birds that most successfully attack and hold in check these insidious foes of horticulture. Beetles of various families and species were eaten by the kinglet to the extent of 13 percent of the season's food. They belong to species that are more or less harmf4d, Avith the exception of a number of ladybirds (Coccinellidae), which from their habit of feeding on plant- lice are eminently useful. The damage done by the destruction of these useful beetles, however, is small, since they aggregate less than 2 percent of the Avhole food. Singularly, nearly all were in stomachs obtained in February. In this month 8 percent of these beetles were eaten, while in no other month was so much as 2 percent taken. Another curious fact is that almost all of these belong to the genus Scymnus, which is made up of minute black creatures Avhich one might think would pass unnoticed by birds. On the contrary, the small and insignificant individuals of this genus appear to be eaten much oftener than the larger and more showy species. While the eating of ladybugs by kinglets or other birds is to be deplored, it must be acknowledged that, little harm is done so long as the num- bers destroyed are as moderate as the above figures imply. Of the harmful beetles eaten the weevils are perhaps the most interesting. One stomach contained 20 individuals, which seems a large meal in view of the size of the bird. Manv of the weevils belong to the family of engravers (Scolytidae), which live under the liark of trees and are forest pests. Another beetle found in many stomachs is Notoxus alamedce^ an insect that lives on trees, but which does no harm so far as known. One stomach contained the remains of KINGLETS. 83 100 individuals of this species. Otiier beetles were found belonging to about a dozen families, all more or less injurious. Lepidoptera, both larvse (caterpillars) and adult forms (moths and butterflies) constitute only a small portion of the kinglet's diet. They were eaten sparing^ in every month but one, but in all aggre- gate only 3 percent of the whole. While a few caterpillars were eaten, inost of the lepidopterous food consisted of the minute cocoons of tineid moths, a family of immense size, wide distribution, and destruc- tive habits. They are largely leaf-miners, and do much damage to the foliage of fruit and other trees. They are so small that even the little kinglet can eat a great many of them at a meal. In only 2 stomachs was anything found that resembled a grasshopper, and in both the quantity was small and the identification doubtful. Flies (Diptera) constitute nearly 17 percent of the diet, but are very une- venly distributed. The greatest amount in one month was in Janu- ary, 35 percent, all of Avhich was in 7 stomachs collected in tlie same place within three days. These 7 stomachs contained an average of 96 percent of dipterous remains. The birds evident!}^ found a gathering of flies, probably dormant, and filled themselves almost exclusively with them. Another series of 4, taken at the same place in February, also had eaten flies to the extent of over 80 percent of the food. Spiders and pseudoscorpions amount to nearly 2 percent of the food, and are taken quite regularly through the season, though the greater number were eaten in October. These last are curious minute creatures, the various species of which live under stones, on the bark of trees, and in old books. Vegetable food. — The vegetable food of the kinglets may be dis- cussed under three heads — fruit, weed seeds, and miscellaneous vege- table matter. Fruit amounts to less than 1 percent of the food, prin- cipall}^ elderberries (Sambucus). Weed seeds are present to the extent of a little more than one-tenth of 1 percent, and may therefore be dismissed without further comment. In the miscellaneous veg-e- table food two items include nearly the whole — seeds of poison oak and leaf galls — which together amount to somewhat more than 4 percent. The eating of the seeds of poison oak is not a commendable habit in any bird, for the seeds are not destroyed, but after the wax on the outside is digested are either passed through the intestine or disgorged, and so these harmful plants are disseminated. In many of the stomachs certain small round bodies were found that were diagnosed as ' leaf galls.' They appear to be galls in the earlj^ stage and are eaten while small and tender. SUMMARY. The foregoing discussion of the food of the ruby-crowned kinglet serves to confirm popular opinion with regard to this bird. As it« 84 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. food consists so largely of insects and as these include so small a per- centage of useful kinds, the kinglet must be classed as one of the most beneficial of birds. To the horticulturist it is especially valu- able, as nearly all of its food is obtained from trees. With respect to the persistency with which it forages among trees, it differs conspicu- ously from such aboreal species as leave the trees in midsummer to feed upon grasshoppers. AVESTERX GOLDEX-CROWX KIXGLET. {RcffitlKn sniraim oUvaceus.) Another kinglet, the western golden-crown, occurs sparingly in winter in some parts of California. Only 9 stomachs have been examined, but these in the nature of their contents are so similar to those of the ruby-crown that statements applicable to the latter are almost certain to apply as well to this species. No vegetable matter was found in any of the 9 stomachs, and the insects belong to the same orders and were taken in essentially the same proportions as by the other species. Following is a list of beetles which were identified in the stomachs to of the two kinglets : Cocciiiclhi I. valifonrica. Aphodiiis ru(jlfrons. Adalia frigida. f)iaiiiqii(i.) In most of the valleys of California the robin is a winter resident only, and would be of little economic importance did it not possess a voracious appetite, the satisfaction of which occasionally leads to lamentable results. Of its summer food we know almost nothing, except what may be inferred from its list of edibles while in the valleys, and by comparison with, the diet of its eastern relative. The two birds are so nearly alike that probably in the same environment they would eat practically the same things. In investigating the food of the western robin 74 stomachs were examined. They were taken in every month from September to June, inclusive, except May. This number is entirely too small to be used as a basis for final conclusions, but it suffices to give a hint as to the differences, if any there be, between the food of the eastern and western races. Only one stomach was taken in each of the months of September, October, aiul June. The others are well distributed through the remaining months. Discarding returns from the three 94 BIRDS OF CALIFORNIA AFFECTING FRUIT INDUSTRY. months mentioned, 71 stomachs remain, from which a fairly reliable idea of the winter food of the robin in California may be obtained. In the first examination we find 40 percent of animal food to 60 of vegetable. The food of eastern robins for the whole year con- tains 42 percent of animal matter to 58 percent of vegetable, and during the six months beginning on November 1 the amounts are: Animal 35 percent and vegetable 65 percent. If, however, our study is restricted to the three winter months, we find that the eastern robin eats 18 percent of animal food and 82 percent of vegetable, while for the same period the western one consumes 22 percent animal and 78 percent vegetable. These comparisons do not indicate essen- tial differences in the food of the two birds. The western bird eats more insects during the winter months because on the west coast insects are more abundant and more easily obtained at that season than in the East. Confining attention, however, to the six months beginning with November, the eastern bird eats a greater percentage of insects. It is almost certain that if the material were at hand to illustrate the food of the western robin during the remainder of the year, the bird would be found to eat a nuich larger percentage of insects than in the six months covered by this investigation. 'Animal food. — Beetles of various families are the largest item of animal food. The greater number were eaten in April, when they amount to over 54 percent of the whole food for the montli. They were distributed among several families, but the most conspicuous were t'he snout-beetles, or Aveevils, Avhich aggregated 25 percent. This is a favorable showing for the robin, for these beetles are among the most harmful insects with which the fruit growers and farmers have to contend. The average percentage of beetles for the whole six months is about 13 percent of the food. Caterpillars are next in order of abundance and amount to over 4 percent. The remainder of the animal food is made up of various insects, of which no order claims preeminence, and of a few angleworms. Vegetable food.— The bulk of the vegetable food from November onward is cultivated fruit. After this month it gradually falls off, and very little was found in stomachs collected in March and April. With the exception of olives, the bird can obtain no fruit of value after the 1st of November, and as olives were not identified in any of the stomachs it is probable that most of the fruit consumed was worthless, having been left after the crop was gathered. The follow- ing fruits were identified : Grapes in 5 stomachs, figs in 3, prunes in 2, pear, apple, and blackberries in 1 each. Of wild fruit, pepper ber- ries were found in 17 stomachs, mistletoe berries in 2, and fruit not positively identified in 11. Pepper berries evidently are the favorite, since not only were they found in the greater number of stomachs, but 1 stomach contained 24 and another 28 of these berries. Two WESTERN ROBIN. 95 stomachs contained wheat and 3 had weed seeds, but dry seeds are evi- dently not favorite food with the robin. Destruction of olives. — From the foregoing the robin would not appear to do much damage, or at least not more than is amply paid for by the insects it destroys. But, unfortunately, more is to be said about its food habits, which does not redound so much to its credit. In certain years when their customary food is scarce, robins appear in the valleys in immense numbers, and wherever there are olives they eat them so eagerly and persistently that the loss is often serious ancl occasionally disastrous. Sometimes, indeed, it is only by the most strenuous efforts, with considerable outlay of labor and money, that any part of the crop can be saved. Fortunately, such extensive damage is not done every year, although here and there the olive crop may suffer. There is probably no more striking example of exceptional and intermittent damage to fruit by birds than an instance which occurred in the winter of 1000-1901. In that year the olive orchards in various parts of California were invaded by immense numbers of robins, which ate the fruit and in some instances destroyed the whole crop. In orchards where persistent efi'ort v:?is made to destroy and th-ive them away they still ruined from one-fourth to one-half of the yield. Olive orchards in Santa Clara Valley especially were afflicted. Mr. Paul IVIasson, who owns two orchards near Saratoga, as quoted by the San Jose Mercury of January 17, 1901, says: In my largest orchard of about 500 trees adjoining a larger orchard of about 50 acres on the El Quito farm, which is owned by E. E. Goodrich, are thousands of robins, which are destroying all the fruit on the trees. About two months ago I estimated that ]uy trees would yield about 4 tons of olives, but Sunday, when I visited my orchard, I found the fruit would not be worth picking. I killed some of the robins, and upon examination found as many as five or six whole olives in the crop of each bird. Besides those which the bird had swallowed whole, many olives are pecked so that they are spoiled for market. Sunday there were not less than 50,000 robins on my place, and they are equally as plentiful on El Quito farm. Mr. Edward E. Goodrich, the owner of El Quito farm and olive orchard, quoted b}^ the same authority, says: The so-called rolMn is a destructive pest to an olive orchard. A crop can not be saved when the migration of the robin corresponds exactly with the maturity of the olive, as it does this year, except by inunediate picking, wliich is prac- tically impossible, or by shooting so constantly as to prevent steady consump- tion. * * * In 189S my crop was V^O tons, and should have made about 4,000 gallons of oil. Owing to the lack of rain the result was al)out 2.750 gal- lons, of the value of .$11,000. Now, that crop could have been wiped out in ten days by robins if they had been here as they were this season and no shooting had Iiccn done. So far as my foi'cnian could estimale. before the birds descended upon the place, he ])]nccd the crop at a probable :'>.000 gallons, which means when sold from .$1L>.(MI() to .$p;.(l(to, according to prices, and that would have been utterly destroyed but for the constant shooting the last ten days. 96 BIRDS OF CALIFOENIA AFFECTING FEUIT INDUSTRY. As it was, Mr. Goodrich placed his loss on the olive crop through the devastations of the robins at 25 percent of the whole, or about $5,000, while his foreman, in an interview with the writer, estimated the loss at 50 percent. He stated also that robins were so numerous that he killed T in a tree at a single shot. The San Jose Mercury also states : A representative of the Mercury visited the El Quito olive orchard to see what the facts were in this matter. He found a force of men piclving the fruit as rapidly as possible, and he also saw thousands upon thousands of robins doing the same thing. On his way out he occasionally saw a single bird on the fence or in a prune tree, but when be reached El Quito the sky was strealced with robins flitting about and having a gala time of it. Men were scattered about through the orchard with guns, and every few minutes the report of one of these would set the robins to flying, but in an instant they would settle down again and resume their feast. Hon. Ellwood Cooper, of Santa Barbara, one of the largest olive growers on the Pacific coast, in a letter dated Januarj^ 25, 1901, says: The robin is a terrible pest to olives. The birds do not always appear to come to the coast. My first experience was some fifteen years ago. The olives were late in ripening. I was as late as March making oil. The robins appeared to come in by the thousands. My last orchard that year was about one-half mile in length. The pickers were at one end. I had a man with a giui at the other, but they would attack the middle, and when the gunner would reach them they would fly to the end he left. This year they have been particularly bad. My boys reported that the birds, mostly robins, picked more olives than they could. The foreman of the pickers told me that he had knocked from a tree one-quarter of a sack and went to dinner ; when he returned not an olive was on the ground. I know that on the ground in one orchard where the rain had caused to fall as many olives as would fill a bushel basket, in a week not one would be seen. The robins do not seem to be able to pick the olives so rapidly from the trees, but peck at those that are commencing to diy, knock them to the ground, then get them. The birds at this writing are in all my orchards by the thousands. They do not appear every year. It has been my theory that the native berries in the Sierra some years are not in sufficient quantities for food. In the last sentence Mr. Cooper has probably suggested the true cause of the trouble. There is a crop of olives every year and the number of robins fluctuates little, but the}' rarely attack olives because usually their native food abounds. AMiere this fails the hungry birds shift about until they find a substitute. SUMMARY. With the exception of such sporadic cases as the above, the food habits of the robin are for the most part of a beneficial, or at least harmless, character. In the eastern part of the country very little damage by the robin is reported, though it is one of the most abundant species. This is j^robabh^ largely owing to the plentifulness of wild fruits throughout the season. The trouble in California is that the robins from an extensive region concentrate into a comparatively WESTERN BLUEBIED. 97 small area and, finding an abundant supply of palatable food, feed upon olives to the exclusion of all other food. Were the hills and canyons of California as well supplied with wild berries as are the corresponding places in the Appalachian region, it is doubtful if such devastations of the olive crop would ever occur. Since failure of the natural food supply of the robin is only occa- sional and can not be anticipated in advance, no direct safeguards against the bird's inroads are possible, though the planting of pepper and other berry-bearing trees about the orchards would materially aid in protecting the olive crop. The prompt and unsparing use of the shotgun when the emergency occurs, even though it seems to be the only practicable method to save the crop, is much to be deprecated, since the destruction of robins, which in the main are useful birds, is a loss to the community. WESTERN BLUEBIRD. (tSialiu mexicanus occidentalis.) • The western bluebird has the same gentle, quiet demeanor that characterizes its relative of the Eastern States. It has not yet, per- haps, become quite so domestic as that species, but still is much in- clined to frequent orchards and the vicinity of farm buildings. Vfhile the eastern bluebird usually nests either in a hole of an orchard tree or in the box specially provided for its use, the western species has not yet fully abandoned its habit of utilizing forest trees as nest- ing sites, and often may be found in lonely canyons or among the hills far from the abodes of man. The orchards of California as yet are hardly old enough to offer many hollow trees as nesting places of the kind so dear to the heart of our gentle friend. There is no reasonable doubt that in time the western species will become as domestic as the eastern one. A nest was found by the writer in a hollow tree in the home orchard of a ranch, only a few rods from the house. It contained six young, which would indicate that the bird is a prolific breeder, in this respect also resembling the eastern species. The western bluebird is less migratory than the eastern and does not entirely desert the United States in winter ; so its good work is continuous. As insects are active in California in every month the bird is able to support life even if there is no other food. iSIore- over, the insects eaten in winter count more in the reduction of these pests than do those taken after the spring broods are out. Insects that live through the winter are the stock by which the species is perpetuated, and the destruction of a few at this time is equivalent to the death in summer of hundreds or thousands. 9379— No. 30—07 7 98 BIKDS OF CALIFOENIA AFFECTING FRUIT INDUSTEY. The food of the bhiebird consists of elements whose consumption is ahnost wholly a benefit to the farmer. Four-fifths of it is insects ; only a small portion of these are useful, and these to a limited extent. In the investigation of the food of the bluebird 187 stomachs were examined. This number is not so large as could be desired, and, moreover, was rather irregularly distributed over the year. Only one stomach was obtained in May, and only one in April, while the number for several other months are too few. Geographically they fairly well represent the fruit-growing regions of the State from as far south as San Bernardino northward to Santa Rosa. The food found in the stomachs consists of animal matter, 82 percent; vege- table, 18 percent. Animal food. — Of the animal portion a little less than 12 percent consists of predaceous beetles (Carabid?e), which are usually reck- oned as useful. There are, however, many exceptions to this rule, and since most of the sj^ecies of this family are wonderfulW abun- dant it is not probable that the bluebird does much harm by eating them. It is believed, moreover, that this record of'Carabidse is above the normal, for the one bird taken in April had eaten 90 percent of these beetles, thereby raising the average of the whole. In August, on the other hand, not one of the five birds examined had eaten a carabid. Had these months been omitted from the reckoning the average would have been reduced to about one-third of the present figure, which is probably much nearer the truth. Other beetles amount to over IT percent of the food, and were distributed among about a dozen families, all of them harmful, except three or four ladybirds (Coccinellidae), which are useful. Caterpillars evidently are a favorite food, and probably are eaten in every month, though evidence is wanting for April and May. They amount to over 17 percent of the year's food. Few of these insects are eaten in spring and early summer, many in fall and winter. As practically all caterpillars are harmful, this item of diet counts entirely in the bird's favor. Grasshoppers and crickets, mostly the former, were eaten in every month except April, but a greater number of stomachs would prob- ably' give a different result. They amount to a little less than 24 percent of the year's food. They appear in the stomachs of western birds at a somewhat earlier date than in those of eastern species. In the Atlantic and Central States, August is preeminently the season of grasshoppers, and in that month they constitute the principal article of diet of many species of birds. The western bluebird eats grasshoppers in March to the extent of about 11 percent of its food. In June they amount to over 38 percent, and in July reach a maximum of nearly 49 percent, or nearly half of all that it eats. In September they amount to 40 percent, but decrease rapidly from that time. WESTERN BLUEBIRD. 99 Bees and wasps (Hymenoptera) are not largely eaten by the blue- bird, and flies scarcely at all, as the aggregate for the year amounts to only four-tenths of 1 percent. In the summer bugs (Hemiptera) are eaten to a moderate extent. The species belong mostly to the family of 'soldier bugs' (Penta- tomidse) or, as they are sometimes called, ' stink-bugs,' for they have a vile odor and when taken into the mouth with a berry are not agree- able to human taste. The total percentage of wasps, flies, bugs, and a few other insects is a little less than 10 percent of the whole food. Spiders are eaten to some extent throughout the year, but never in great numbers. The greatest number are taken in February, about 6 l^ercent. The total average for the year is 2 percent. One stomach contained the lingual ribbon of a snail. Vegetahle food. — The bluebird asks practically nothing of man in the way of vegetable food. It is evident that it is not a lover of seeds, as is the linnet, and with abundance of them at hand, eats few or none. In 2 stomachs several small unknown seeds were found, which may have been swallowed accidentally. Not a kernel of grain had been eaten. Fruit constitutes nearly the whole vegetable portion of the food, and was distributed as follows: Elderberries (Sambucus) in 19 stomachs; grapes in 12 stomachs, all in the month of October or later; blackberries or raspberries (Rubus) identified in 4 stomachs; pepper fruits in 2 stomachs; figs in 1 and mistletoe berries in 1. Besides these 9 stomachs contained pulp or skins that could be identified only as fruit. From this it appears that elderberries are the favorite fruit of the bluebird. Fortunately these are nearly always to be had in California. Most of the grajoes eaten probably were waste fruit, as many of them were consumed in December and other winter months. FOOD or YOUNG. Among the stomachs examined were those of several nestlings about a week old. They were of interest as showing how large a proportion of animal food is given to the young. In one brood of six the only vegetable food found was a single piece of plant stem, which was probably given accidentally with other food, and should properly be classed as rubbish. The real food consists of grasshoppers and crickets 90 percent, beetles 3 percent, and the remainder made up of bugs, caterpillars, and spiders. In another brood of four, grass- hoppers and crickets constituted 97.5 percent of the food, and 1 stonjach contained nothing else. The remains of 11 grasshoppers were found in one of these stomachs, and 10 grasshoppers, a cricket, and a beetle in another. The only vegetable matter found m these 4 stomachs was a single seed of Polygonum. Besides the stomachs of the Avestern bluebird discussed above, l-t 100 BIKDS OF CALIFOENIA AFFECTING FRUIT INDUSTRY, stomachs of the Arctic bhiebird (Sialia arctica) were obtamed. They were taken in fall and winter, and, while so small a number is not sufficient for positive conclusions, it may be said that the charac- ter of the food closel}^ resembles that of the other species in the same months. The two species eat about the same proportion of animal and vege- table food; the animal part consists of the same orders of insects, while the vegetable part is made up of the same varieties of fruit. In short, it may be said that if there are important differences in the food habits of the two birds the evidence at hand fails to establish the fact. SUMMARY. It seems scarcely necessary to comment on the foregoing statements with regard to the bluebird's diet in its economic relations. That the bird is an eminently useful species is so patent that it hardly needs to be pointed out. Whatever harm fruit growers have suffered from birds, none of it can be laid at the door of the bluebird. List of insects identified in stomachs of bluebirds : Coccinella t. caJifornica. Hippothtiiiia convergens. Polycooii sto}itii. A ph o(l i II fi ruf/ifrons. Blapstinus dilatatus. Saissetia olecc. COLEOPTERA. Blapstin iis s iilca t Kst. Blapsthi ».s piilrcnilentus. Rh if/opsix effracta. Balauinus sp. Sitones sp. HEMIPTERA. Sinea (liadema. HYMENOPTERA. Messor andrei (ant). Insects also were identified as belonging to the following families: COLEOPTERA. Carabidfe. Staphylinidae. Cocci nellidse. Histeridtp. Elateridfe. Buprestidse. Lampyridse. Reduviidfe. Capsidre. Lygseidte. Peutatomidse. Ptinidfe. Scarabreidfe. Ceraiiibycidpp. Clirysomelid?e. TenebrionldiTp. Rbynchoi)bora ( superfamily ) . HEMIPTERA. Corimeltpnidse. Scutelleridte. Jassidse. Coccidge. o Issued October 28. 1907. U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY— BULLETIN No. 31 C. HART MERRIAM. Chief AN ECONOMIC STUDY OF FIELD MICE (GENUS MICROTUS) BY DAVII3 E. LAISTTZ Assistant, Biological Survey WASHINGTON GOVERNMENT PRINTING OFFICE 1907 N Issued October 2S, 1007. U. S. DEPARTMENT OF AGRICULTURE BIOLOGICAL SURVEY- -BULLETIN No. 31 C. HART MERRIAM, Chief AN ECONOMIC STUDY OF FIELD MICE (CtENUS MICROTUS) BY tJOiANlCAl, DAVID E. DANTZ Assistant, Biological Survey WASHINGTON GOVERNMENT PRINTING OFFICE 1907 LETTER OF TRANSMITTAL. U. S. Department of Agriculture, Biological Survey, ^Vashington, D. C, August 1, 1907. Sir: I have the honor to transmit herewith, as Bulletin No. 31 of the Biological Survey, an economic study of field mice, by David E. Lantz. Field mice are so generally distributed throughout the United States and at times are so numerous in certain regions that they do serious damage to gardens, nurseries, orchards, and forests. The several species therefore possess an economic importance quite out of proportion to their size. The present bulletin gives a concise account of their distribution and general habits, the nature of the damage they do, together with methods of prevention, the best means of limit- ing their increase under ordinary circumstances, and of reducing their numbers when, by reason of excessive multiplication, the injuries they inflict are serious. Respectfully, H. W. Henshaav, Acting Chiefs Biological, Survey. Hon. Jajies Wilson, Secretary of Agriculture. CONTENTS. Page, Introduction 5 Classification of field mice •_ 8 Species and distribution 9 Habits of field mice 10 Nests and trails 10 Breeding habits 11 Food habits 13 Three typical species . 15 I. The common meadow mouse {MicrotuH pennsylimniciis) 15 II. The prairie mouse {Mivrotus ochrogaster) • 18 III. The pine mouse {Microtus pinetonun scalopsoides) 19 Damage by field mice 22 Damage to meadows and pastures 22 Damage to grains and forage 2.3 Damage to garden (Tops 23 Damage to small fruits 24 Damage to nursery stock 24 Injury to orch w liicli occur in cultivated areas and meadows of the United States, hut in this i)Mi)cr it is restricted to the most widely Icnown group, tlie genus M icrotiis. 6 AN ECONOMIC STUDY OF FIELD MICE. Outside the insect world the most striking examples of occasional excessive nndtiplication 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 Mierotina'^ a subfamiW 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 someAvhat 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, li\ang 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 i^rey 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 {Microtus ceconomus) 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 t!ie 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 Ijdng Aveak or half dead with fatigue on the banks, after passing a river, they will give them a Prof. Robert Collett, of Christiania, Norway, I'ecords that in November, 1868, a steamer sailed for a quarter of an hour thi'ough 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. r)55-658. Robert Collett, Journal Linnean Soc. of London, Vol. 18, pp. 327-33-t, 1878. HISTORIC INVASIONS OF FIELD MICE. 7 all possible assistaiico. They set out in their niioration westward. From the river Pengiii 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 histor}^ of the Old AVorld. 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 1850 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 P^ngland in 1745, 1754, 1814, 1825, 1830, and 1803-1807. Severe outbreaks took place in Scotland in 1825, 1804, 1870, 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. Li 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 gi'ain, roots, and growing vegetation — corn, potatoes, turnips, and luctTu. Ill the fall they attacked vineyards and shrubl)ery, and o History of Quadrupeds, by Thomas Pennant, .3d edition, vol. IT, p. 195, 1793. 6 "And the cities and fields in the midst of that rejjion itroduced mice and tlH*r(> was f^roat confusion and (icarfli in llic city." I Sanuiel, v., (I (Vulgate version.) '■ Xatur^'escliiclitc dcr Siiu^^ctliicrc 1 »cu(sclilands, vun Joliann llcinrich Bla- sius, ].. .'?Sn, 1857. • , vol. 2 ]>. .">90, 1S77. 'Report of the DcparlMicntal Committee on a I'laj^ue ot Field Voles in Scot- land, London, 1S9;;. 8 AN ECONOMIC STUDY OF FIELD MICE. 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 stead}^ 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 Mkrotvs belongs to a subfamily of Muridcv known as the Microtinoe (formerly Arvkolina). 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. Fiber (muskrats). The Mkrothue are divided into two groups, which are commonly distinguished mider the names lemmings and voles. Externally lemmings have shorter bodies than voles, and. except in one genus (Synccptomys) , 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 (ligulate). 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 ligulate. There are four genera of voles, all having representatives in the United States, of which the two more familiar are Fiber (the muskrats) and Microtus (the field mice). The other two genera are of little importance to the farmer. The present paper deals only with the genus Microtus. Voles of the genus Mkrotus are distinguished from members of the other three genera by having rootless molars at all stages of their life. Fiber 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 n^ime 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," etc. " Vole '' is open to the objection that it apjDlies equally well to three other generJi and ma}' easily be confused with " mole." " Field mice " " Report on a Plague of Field Voles iu Scotland, Appendix III, p. 76, 1893. DISTRIBUTION OF- FIELD MICE, 9 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. SPECIES AND DISTRIBUTION. Field mice of the genus Microtus 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 si^ foot pads (plantar tubercles). The incisors are broad and not grooved. The molar teeth in all members of the genus, like 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 1()5 living species and subspecies of Microtus 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 Microtus 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 {Mus) are found over a large part of the range of Microtus, they do not extend so far north- ward and occur much farther southw^ard. Microtus 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 ty])ical form of the common meadoAv mouse of the United States (J/, pcvnsylt'anicus) 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. morclax, occurs in most of the high mountains from Colorado to California and from Arizona to Alaska. The meadow vole of Great oFor key to the North Amerk-an species and desfriptions tlie rondcr may consult N. A. Fiiuua No. IT, Kevision of Aniericau Voles (if tin- (Jt-iuis Microtus, l)y Vernon Bailey. VMM). 10700— No. I'A—Ol 2 10 AN ECONOMIC STUDY OF FIELD MICE. Britain (J/, agrestis)^ common from the Orkney Islands to the English Channel, is also distribnted over much of northern Europe. Another closely related species, M. 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 Microtiis 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 ISIuskeget Island, Massachusetts, while the Gull Island vole (J/. nesopliUus) of Great Gull Island, in Long Island Sound, was of such limited distribution that grading and excavating for fortifications probably resulted in the total extinction of the species. 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 Avater rat {Microtus alleni) , v^'hose total length is about 320 mm. (12.5 inches). The smallest American species is the dwarf vole (J/, pau- perrimus), 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 difi'er 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 " (.¥. alleni) and the European water vole {M. amphihim) . both of which swim and dive with such facility that they are popularly called " Avater 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 te 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 arc so compact that the animals pass the coldest weather snugly housed in them under the snow. The nests are admirably located Avith 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 smootli 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 burroAvs 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. AMiile 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. ^Yhen discovered in the nest the mother vole sli]3S noise- lessly aAvay, sometimes carrying the young attached to her mammae. The l)reeding 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 i)roduce 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 (.1/. nanus). The period of gestation is not positively known, but probably is about twenty days. JNfembers 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 AX ECONOMIC STUDY OF FIELD MICE. little understood. So rapidly do thev 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 Germany (J/, 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 Xidda 590,127 were caught, and in that of Putzbach 271.911. 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 reploAved 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 1,100 to 1,500 per day. In the summer of 1861, in the neigh- borhood of Alsheim. in Rhenish Hesse, 109,523 were caught. The local authorities paid 2.593 gulden (about $1,000) for their capture." Louis Figuier, the I'rench 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 Vendee 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 appalling. 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 prejs upon mice, to supplement the climatic limitations upon their increase and to aid in saving his crops. a Thierleben : Sjiugethiere. vol. 2. pp. 387-393. 1877. i Mammalia Popularly Described by Typical Species, L. Figuier, p. 445, 1870. FOOD OF FIELD MICE. 13 FOOD HABITS. Owing to its finely cliewed 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 Microtns, 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 destroj^ed. 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 leaA^es 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 ])lace 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 animals 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 (Conrolri/lus Kcphim), sweet clover {MeliJotiis (ilha), and cat-tails {Tuplui latifoUa); seeds of iris and priuH'ose {Primvla juirryl) ; bulbs of tulip, hyacinth, and wild onion; :uid the tubers of the Jerusalem artichoke {Helinnthvs tuherosus). Tlic (juantity of green vegetation eaten l\y a single adult field mouse in the course of a year has been calculated at from 24 to 36 pounds. AVhen one consichu's in connection witli 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 annuals 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-suf-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 1,350 (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. Storing Food. 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 [Murotvs arvalis) collects fallen haws, juniper berries, beech mast, acorns, and nuts into its biirows. During the coldest weather thej^ fall into uninterrupted hibernation, but Avhen 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 Avinter is afforded by the economic vole (J/, oeconornvs) of eastern Siberia, Avhose 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 Kam- chatkans habitually rob these stores of food for their oAvn 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. So thoroughly has this fact been proved by observation that it seems possible that European observers may be mistaken as to the hibernation of Old AVorld species. The habit of storing food seems to be less common in this countrv than with Old World species, but it is far from rare. Caches of food are often found, Avhich show that in times of abundance the animals store away more than is needed for immediate use. One American species, the tundra A'ole {M. operarius), exhibits in its provident habits a resemblance to the economic vole. The animal is small, inhabiting mossy tundras of Avestern 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 beloAV the surface on a mossy knoll or a Thierlebeii : Siiusethiere. A. E. Brebm. vol. 2, p. .388. TS77. 6 History of Qundnipeds. l>.v Tboiuas renniint, vol. 2. p. I!»4. 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 com:mox ]meadow :mouse. MicrofiiK pcinisi/lrdiiiciif! (Ord.) (PI. I, fig. 1). The most familiar of American species of Mlcrotiis is the common meadow mouse (J/, jjemisylvcmieus) . The average measurements of adults are about as follows: Total length, 170 mm. (G.G inches) ; tail vertebrae, 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 Avhicli 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 mamma? 8 (4 pectoral and 4 inguinal).'' The vast range of this species has already been given. This mouse has its natural 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 an3^where one can find the smooth trails, and where the grass 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 shalloAv. 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 tlirough shallow water. lu swamps meadow mice nest in burrows in ilry 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 "Proc. AV.isii. p,i()i. Soc. vol. s. pj). ^?>'^-^Vl, iso.^. ^ For dental luul skull cliMrMcters consult N. A. liiuiia No. 17. p. 17. 1!>00. 16 AN ECONOMIC STUDY OF FTELD MICE. coarser materials outside, but compact and of finer stnflf 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 w4th pappus of milkweed (Asclepias) or cat-tails (TypJia). Such nests are sometimes hidden under grass, brush, or other litter, but more frequently are placed in imderground 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 PiQ. 1. — Nests, l)arrows, and trails of Microtus pennsylranicu>i. nnn xcitloiisDidcs ( Aud. & Bach.). (Plate I. ti^. L'.) This pine mouse, called also the mole-like vole, has a Avider distri- bution tlian the typical southern pine mouse (J/, pmetornm,), and therefore is chosen as the representative of the grou]). The following account of its habits applies ('(jually well to all pine mice. 'Jliis auimal 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/, pinetoruni. The claws are well developed; foot pads 5; mannna' 4 {'I pairs of inguinal). Tlie average measure- ments of three New ^ Ork spe(;imens, as gi\cii by Bailey, are as fol- " The Quadrupeds ia<;e to :\rEADOAvs am) pasti res. 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 snoAvdrifts 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, imder 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. t>3 '\^lien 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 in the spring little or no salable hay remained. DAMAOK 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 consmnption 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 left in shocks. In these artificial shelters mice are perfectly at home -and multiply with great rapidity, so that within a feAV weeks a pair and their progeny may totally ruin an entire shock of wheat or oats. As nearly all farmers know, field mice destro}' corn, Kafir corn, and cane, whether stored in shock or in pile. The annual destruction both of grain and of forage throughout the coimtry is enormous, although accurate statistics of losses are not available. Of course, not all the injury is done by short-tailed field mJce. W^iite- footed mice {PevoTnyfiCMs)^ pocket mice {Perognathus) , harvest mice {Re'ttli- rodontomys) , and ordinary house mice {Mus muscidus) also are con- cerned in the damage. Throughout the country the brown rat {Mus 'iioi'iu'f/irvs) and in the Southwest the cotton rat (Sk/'modon) 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 noi-thern 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 ov^er his neighbor who waits for more favor- able^ ])rices. 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 gi-eenhouses, 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 liable 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 Avhen the animals are abundant whole plantations are ruined. Strawberries are espe- cially liable 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 roAvs 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 liability of attack. Winter mulching of small fruits also in- creases the danger, and if jn^acticed the utmost care should be- taken to clean surrounding areas. DAMAGE TO Nl^RSERY STOCK. In many sections of the United States and southern Canada nurserv' stock is injured by field mice. The actual loss varies from year to year and is difficidt to estimate. Occasionally the havoc has been so complete that few marketable trees remained. It was estimated that clurine- the winter of 1901-2, nurservmen in the vicinitv of Rochester, N. Y., sustained losses amounting to $100,000." Damage to standing nursery stock is done usually under cover of snow, and hence is greatest in seasons of deep snows that remain long upon the ground. In addition to girdling trees above the surface of the ground, meadow mice sometimes burrow beside the trunk and attack the roots (PL III. fig. 2). Pine mice usually begin their a New York Sun, April 27, 1902. Bui. 31, Biological Su'vey, U. S. Dept. of Agriculture. Plate III. Bui 3 1, Biological Survey, U. S, Dept. of Agriculture. Plate IV. .^^ }$m^r^:'i f - Bui. 3 1 , Biological Surve/. U. S Dept of Agriculture. Plate V. "D m > H 33 n m c 33 rn D CD ■< > D O O m 31 P "1 > 73 r m H 33 m m c 33 m o 03 > o o o m INJURY IN NURSERIES AND ORCHARDS. 25 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 (PI. Ill, 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 is, 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 {Peromy sens'). 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, 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 1008^. meadow mice destroyed thousands of trees and shrubs, including apple, maple, sumac, liar- berry, buckthorn, dwarf cherry, snowball, bush honeysuckle, juniper, blueberry, dogAvood, beech, iMid larch. Plants in nursery beds and acorns and cuttings in l)oxes especially were harmed." INJURY TO ORGIIAEDS. Trees transplanted from the nurseiy into the orchard are in more danger from field mice while the outer bark is green and tender, but 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 the production of other crops, they often neglect the orchard and per- mit annual grasses or Aveeds to grow up, which afford cover for mice. Often, too, cloA'er or orchard grass is sown in the orchard as a cover- ing for the ground, and the heavy growth left for Avinter 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 prov.l. Attacks upon orchards by mice are not ahvays accomplished under cover of snow, nor ai-e they confined to winter. They frequently occui" in sunnner, often in Sei^tembei-. During the winter of l!>Or>-() " Rostoii TDiiiscriiil. Ai»ril IC, 1004. lUTUO— No. 81— Ti -D [ III H 33 m m 03 , — , Ol "1 z o o T V m CO f ■— ^ . s in — H CI5 31 »T- O 3) "• o p r ■-T m u r* Ol r* < c -Q ..^ 31 T > ^ 3J m O S O < o m 0) ^ •-1 ,-^ ^ c o 33 O *—• H ( 01 l^ O o I 33 O (,) > (n H m 33 STUDIES IN A KANSAS ORCHARD. 29 already had begun to eat the baik 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 {Peromyficus michigaiiensis) 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 conmion, 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 hrevicaada) 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 carbolic 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 arrival I placed wheat poisoned with strych- nine at the base of about HO apple trees. On the next morning a large number of dead voles and wdiite- footed mice w^ere 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, Avith 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 majorit}' of the trees recovered. (PI. VI, fig. 2.) Had their trunks been left exposed to the sun and winds of spring and sunmier 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 tlian 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 difl'erence in the character of the injuries by these animals is well illustrated by Plate VTT. which shows two dead trees — one killed by mice and the other by rabbits. Plate VTTT and Plate VI, figuiv 2, illustrate injured trees in the same orchard which have fullv recovered. 30 AN ECONOMIC STUDY OF PTELD 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 nincli earlier in the season. During the tw^o winters named, man}^ 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 widel}' scattered places were received. The replies 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 roots 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, 1880) three or four years ago, the fields were swarming with them. I went out with my little boy and we killed 50 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 liark. —Huron, Mich., Nov., 1880. 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, 111., Nov., 1889. o Circular No. 3, On the Economic Relations of Mammals, 1880. REPORTS FROM FARMERS. 31 Meadow mice attack almost every tree and shrub. They girdle about every- thing, even rosebushes, lihiolvberry, and raspberry liushes. I saw a willow hedge yesterday (April 8, 1889), 2 years old, with nearly every stalk girdled to (3. 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. — Fraukf(n-t, 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. — Hanmiondville, N. Y., Apr., 1887. They eat potatoes in the ground and corn in the shock. Do considerable damage to potatoes, sweet potatoes, and iieanuts. — Eubank, 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 yoxing forest trees are barked. Maple and apple suffer the ofteuest. — La Crescent, Minn., Nov., 188G. 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 mice. AVe suffer a material loss Ity 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 oveiTuu with mice, which nest in the ground and destroy all the jilants by eating the roots or tops of the plants as soon as they appear. — Letter from Baltimore, Md.. May 1(5, 1904. The summer and winter of 1883 this county was overrun with meadow mice. They destroyed thousands of ai)ple trees. Itesides 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 ])lants. Three hundred dollars would not repair the damage done to an orchard near the station. In 1863 trees (5 inches in diameter were strii)i)ed of bark clear up to the limbs 4 or 5 feet from the roots. —Huron County, Mich., Oct., 388G. 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 natni'al enemies probably affect their inunbers. — Kansasville. Wis.. Sept., 1888. They damag«' luiy by cutting the grass into lengths the size of toothi)icks. —Tower, Minn., June, 189."). 82 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 iu the winter season by girdling fruit trees, especially apple an.d peach trees. They commit depredations on liuckwheat fields. —Milan, Bradford County. Pa., 1888. Our fields are subject to invasions of meadow mice during the winter when mulch is on them. A ihousand of the mice wintered 1885-86 on a 2-acre straw- beriy patch. They eat the bark of trees when straw is placed about them or snow is on the gi'ound. — 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 with 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. —Fairfield, Iowa, Nov.. 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. 1886. 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 invasion of meadow mice [probably M. 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 imusually 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 all affected alike. Some vomited moi'e 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, etc. — 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 sunni.'er. Winter thaws, which leave the fields bare of snow, destroy them. They destroy fruit trees by gnawing the bark REPORTS FROM NURSERYMEN. 83 under the snow. I think they will eat the hark from any kind of young tree.s. The daiuago is serious. — Montpelier, Vt., Nov., 1S8G. Voles sometimes gnaw young apple and pear trees, mostly in winter : in sum- mer also where red clover grows ahout the trees. The loss is serious. — Salem, Ohio, t8S(l, Meadow uiice are injurious to meadows and pastures hy cutting the sod in winter. We had an invasion of them in the winter of 1804, when they killed grape vines, raspherries, 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 scarcity 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 (J/, pennsylvanicus) and its subspecies, but some of them from the Middle West undoubtedl}^ inchide references to the prairie vole (M. ochrog aster) , 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. Early in March, 190G, 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. 190(5, replies returned number 520. of which a summary is ])resented in tabular form. Damages hy field mice, as reported Ity niirserj/meji and fniif growers. , X . 01 ■^ o . •> .5 13 11 3 15 3 100 Delaware 10 20 12 9 3 12 3 6 '"'h' 1 •> 3 6 2 4 2 4 3 9 1 5 Marvlanfl 3 2 35 Virginia West Virginia 1 3 1 3."i0 North Carolina 16 10 (; 4 4 '> 4 1 3,000 South Carolina 3 16 6 22 9 IS 30 1 8 5 9 3 7 18 1 6 1 7 5 8 3 5 8 Georgia "3 ""■y 3 2 2 5 1 5 15 1 Florida Alabama 4 2 1 M ississippi Tennessee '2 s 1 1 25 Kentucky 2 75 "Probably not Microtus. 34 AN ECONOMTC STUDY OF FIELD MICE. Dnmof/rs It]/ peJd mice, as; reported hy nurserymen and fruit growers — Cont'd. State or province. Number of circu- lars sent. Number of replies received. ^ c as •O C 3 Mice not abun- dant. Mice absent. Damage by mice serious. a" oS 0 0' C 0 a Number w h 0 make estimates. Total of damage estimates. Ohio 51 40 56 43 28 27 49 38 16 10 18 14 5 46 32 16 6 11 1 10 4 1 5 0 18 12 8 9 17 2 24 20 29 19 13 22 26 26 7 6 10 6 3 27 20 7 5 3 1 3 1 1 3 0 10 7 4 4 4 1 1 13 7 19 13 9 17 22 16 2 '"ai ""'ii 7 2 3 1 1 11 13 8 6 4 5 4. 9 3 «2 6 6 3 15 13 5 2 ""2 ""2 1 1 6 5 14 7 6 13 16 13 12 . 9 8 8 4 8 7 4 2 1 2 6 6 6 ] 1 3 8 5 5 8 5 1700 Illinois 12 5 6 13 4 7 4,800 1,400 Wisconsin Ci, S25 Minnesotji 4,085 Ifjwa ?, 500 4,150 Arkansas 3 10 7 2 0 ...... 3 1 1 Kansas ...... 8 6 2 2 2 9 7 3 1 1 9 3 57, 400 350 South Dakota North Dakota Montana 1 1 ioo 500 .1 1 1 1 1 1 1 Utah 2 1 1 2 2 4 3 "'l' 1 3 2 1 4 5 1 1 1 1 1 4 1 1 1 2 3 8 5 1 1 2 3 50 75 Ontflrio 6, 500 Total 1,003 520 266 j 218 36 172 175 173 129 107, 196 a Probably not Mirrntiis. 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 Avho had sustained serious damages were able to estimate the amount of the losses, while many whose losses were slight made such estimates. It will be noticed that in the South the injury from field mice is uot 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- sippi River. Extracts from replies to the circular are here presented : Field mice are abundant here. They have done nie a great deal of damage during the jiast 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 {Phmri.r conariensis) grown close together in a hed. —West Berkeley. Cal. Field mice are abundant here. We lost about 200 fruit trees from their attacks ih 1903. Other orchards and nurseries in this section have been badly injured, — Carlton, Mont. REPORTS FROM NURSERYMEN. 35 Field mice are abundant in this vicinity, and in the winter of infM— r> did much damage to orchards. In neighl)oring orchards, where girdling is claimed to be done l)y rabbits, I find tliat in five-sixths of the cases the injury is done I)y mice. — Cokato. .Minn. We lost 2.(HM> lives in our orcliards, not .all killed — actual loss, about .1;4.()00. — 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. Init 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 1-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 1004-5 when the snow was deep. It is difficult tc; 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 damagetl many trees. I have had 150 trees killed by mice in my orchard of 120 acres. They eat the bark from S 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 dam;iged 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 lunnerous 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. —fenter Point. Iowa. Considerable damage has been done in the nursery. i)articularly to seeds of trees and shrubs. :ind also in girdling young trees under heavy snow. The mice [pine mice] work under nuilching on trees and, in mole runs, on seeds and roots of some i)lants. —Saginaw. \. ('. No injury was noticed this oi)en winter, but last year they girdled many young iipple trees, both in the nursery rows and when heeled in. Some few years ago this whole section sutTered untold mischief Ity an unusual incursion of short-tailed field mice. They seemed to be everywhere. esi)e(iall>' 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 {Trifoliinii prateiifiC) . Many fields that went into winter with a beautiful iiftermath of clover and other grasses came out in the spring liare of any lirofitable 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 cov- ered with fodder. — Colora. 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 aud grass and weeds were jier- 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 aud rabbits during the past five years, mostly liy mice, in 1904 and lOO"). 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. Ivans. We lost .$2,000 worth of nursery stock in 1004 and 1905. —Rochester, X. Y. We have a few thousand nursery trees destroyed by them each season. — Charles City, Iowa. Field mice abundant. My nurseries ha\e been damaged to a great extent, especially last year during heavy snow. — Ellisville, Mo. During the winter of 1903-4 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 .iliundant in clover fields. Early in the spring they greatly disfigured lawns in the city and in the cemetery liy l)urrowing on the surface of the ground under the snow. [The species in the valle.v is .1/. iieniixjilraiiiriix inoflestiis.] — Bozeman, Mont. Ten years ago we scarcely noticed any damage from mice. Some six years ago they l)egan doing more or less damage and l)ecanie very troublesome in the winter of 190M-4. They mowed off our two and three year old evergi-eens 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 sfze of haycocks. I can not tell the money value, but think it nmch higher than I iiut it ($2,000). I laid the trotible in this section to hiniters. 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 otir 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 have been identy in meadows, but grass kept green and tender, and they did our nurseries little damage. — Waukegan, 111, EEPRESSION OF FIELD MICE. 37 ECONOMIC STAITTS OF FIELD MICE. The foregoing testimony as to the ravages of field mice sufficiently attests their noxious character. The extent to Avhich 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 Aveeds b}^ 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 IXFLUENCES. 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 Avet 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 .voung at a liirth, 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. Excessive iiiultiplication of any manimal 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. AVise measures for game protection can not be too highly commended, but ignorance of the true relations of animals and birds of prey to o-ame is 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. 0 '-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 is not complimentary to the intelligence of the community. The large mmiber 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 gam« 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 ((uestion was regarded as an impor- tant cause of the enormous multiplication of voles. MAMMAL ENEMIES OF MICE. 39 Tho chief natural enemies of field mice are (1) mammals, wild and domestic, (2) birds, and (H) snakes. Mammals That Destroy Field Mice, wild mammals. Amons: the wild mammals of the United States known to feed upon field mice are wolves, lynxes, foxes, badgers, raccoons, opos- sums, skunks, weasels, and shrcAvs. A feAv of these feed upon mice habitnall3% 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 {Mephitis) ^ 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 {Mvs mtisrnh/s) and brown rat (Mi/s 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 oG skunks of the genus Mephitis 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 aft'orded them by the laws of several States. The habits of the little spotted skunks {Spilogale) 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 une(iualed and should be protected, the death penalty being reserved solely for (he indiNiduals that attack poultry. The white-backed skunks {Conepatii.s) live in the South, mostly out of the range of field mice. Tliey destroy many other kinds of rats and mi{;e. The luiuk {LiitreoJa) feeds commonly upon fish and other aquatic animals, but sometimes raids poultry kept near streams. Tt destroys meadow mice as well as other small i-odeuts. Tiie 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 wikl ferrets are persistent destroj^ers of meadow mice. The smaller weasels easily traverse the surface runways of the larger species of Microtus 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. AVhile occasionally they capture game or song birds, as Avell 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 Aveasels destroy the eggs and young of game birds, as well as young chickens and other foAvls. 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, pelage has already caused a marked scarcity of these animals in some of the Northern States. The ^jresent 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 neighlwrhood 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, Avhen 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 destrov manv 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 {Vidpes 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 l^rd. 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. 41 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 jn-oved 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 blood of their victims it is difficult to identify their food by stomach examinations. The common brown rat {Mns norvegicvs) 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 {M. j^ennsylvani- cus) are abundant. On various occasions, while trajDping 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 manmials that destroy field mice — wolves, coy- otes, lynxes, raccoons, and opossums — it may be said that the mouse- eating habit is not always jDrominent 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 j^astures 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 ])ractice of turning swine among mice "' to root uj) their runs."" '' But the more im))()rtant 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. .5."). i). 4, 1>- ITS, Bolin's edition, London. 18G2. 42 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- pendenth\ A good rat dog is undoubtedly a valuable asset of the farm, and I have known one to keep premises clear of brown rats {Mus norvegicus) when adjoining farms were overrun with them. Many cats are good mousers, both in house and field. Some live 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 oflF 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 iii)()n field mice, and hence are of great assistance in reducing their numbers. lURDS 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 li^ist upon harmful rodents feed largely upon insects. Thus the beneficial chai'acter 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 whole, are among the best friends of the farmer and that only a few species are more harmful than beneficial.^ oThe Hawks and Owls of the Ignited States in their Relation to Agriculture, by A. K. Fisher, M. D., Washington. 1S93. 6 Doctor P'isher's report on the food of hawks and owls has long been out of print. For this reason some of the more important snniraaries of results, especially those relating to the mammal food, are given in this paper. Circular Gl. 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. 43 Hawks. — 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 hudsonins)^ is 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 I'esults 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 ratlier 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 horealis and four sub- species), red-shouldered hawk {Buteo lineatus and two subspecies), Swainson hawk {Buteo swamsoni), and broad-winged hawk {Buteo 2)latypterus). A summary of the food of 502 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. Of 220 stomachs of the red-shouldered hawk 3 contained poultry; 12, other birds; 102, mice; 40, other manmials; 20, reptiles; 39, batra- chians; 92, insects; IG, 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 \vere locusts and grasshoppers. Throughout its sunnner range this species lives almost entirely upon grasshoppers. Of broad-winged hawks, G5 stomachs were examined, 15 of which contained mice, and b) other small mannnals. Xo poultry or game birds were found iu the stomachs, and the chief food was insects. 44 AN ECONOMIC STUDY OF FIELD MICE, The most common Old-AVorld representative of the genus is Buteo hvteo. the common buzzard of Enghmd. and popidarly known in Germany as the mouse buzzard {Mduselnissard). That the last name is well deserved, is shown from the researches of Dr. G. Eorig, 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 {M. arvalis)J^ Two prominent species of rough-legged hawks {Archibuteo) occur in America. Both are winter sojourners with us. The northern form, the common rough-leg {Archihvteo lagopus sancti-johannis) , sum- mers north of the United States. The ferruginous rough-leg (.1. fer- rufjineus), 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 ?> to each hawk. These are winter records. In summer the birds doubtless are largely insectivorous. It is certain that the rouofh-lecs do not often molest wild birds or domestic fowls. The researches of Doctor Rcirig make an equally favorable show- ing for the Old World rough-legged hawk {A?r/iihuteo lagopns lago- pus). He examined 250 stomachs of that species and found remains of 879 rodents, mostly field mice. Xinety-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 8 are accidental visitors from abroad, and several others, notably the gyrfalcons, are exceedingly rare within the United States. The various falcons differ nuich in size, but all are strong and swift of wing. The larger species destroy poultry and game, Avhile 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 peregrinvs anatum). the j^rairie falcon {Falco mexicanus) , the pigeon hawk {Falco colvmbarivs), and the sparrow hawk {Falco spar verius). 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. « Arlt. Biol. Abteilung fiir Land- und Forstwlrtschaft, IV Band. 1 Heft, p. 64, 1903. "Arb. Biol. Abteilung fiir Laud- uud Forstwirtschaft, IV Band, 1 Heft, p. 74, 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 largely 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 j^arallel, 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 haAvk for the most part is migi-atory within the United States. However, it accom- jDlishes 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 I'isher'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 Avere field mice. Two common hawks of the genus Acclpiter should be mentioned — the Cooper hawk {Accipifer cooperi) and the sharp-shinned hawk {A. velox). Both destroy many birds and feed only to a small extent upon injurious mammals and insects. The Cooper hawk destroys much poultry and game, Avhile 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 {letinia mhsissippiensis) , 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 the}^ may do. If legislation against hawks is needed, which is more than doubtful, careful dis- crimination should be exercised as to the species placed under l)an, and corresponding protection should be given those that are of un- doubted benefit to the farmer. Oavls. — Owls are preeminently enemies of mice. Their eye^ 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 pratinroJa) 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 em.pty. 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 075 pellets of the barn owl collected at Washington, D. C. They contain remains of 1.731 rodents, 5() insectivorous mammals, 32 birds, and '2 frogs. The rodents were mainly rats {Mu^ norregk-us). house mice {Mvs musculus) . and meadow mice {Microtus). Of the last there were 1,123 skulls, or an average of almost 2 to each pellet." 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 {Stiix alueo) serve to illus- trate further the usefulness of our own bird. Dr. Bernard Altum, a German naturalist, in 18G3 recorded the results of examinations of 703 pellets of the barn owl. He found remains of IG bats, 933 rodents, 1,479 shrews, and 22 small birds (19 of which were spar- rows). Of the rodents G93 were voles.'' Later (18G7) he published the results of examinations of 360 additional pellets, making 1.0G3 in all. The total shows 2,151 insectivorous mammals, and 1.801 rodents, of wliich 1.284 were voles.' a Science, N. S., vol. .3. pp. 62.3-624. Apr. 24, 1896. & Journal fiir Ornithologie. vol. 11. pp. 41-16. 217-219, 1863. c Zoologische Garten, vol. 8. pp. 263-264. 1867. OWLS AND FIELD MICE. 47 The Reverend Doctor .lackel, of AVindsheim, Bavaria, collected and examined a total of (),r)12 pellets of the barn owl. In them he identi- fied skulls of 5,210 shrews and 14,790 rodents, of which 9,04G Avere Mkrotas.'^ 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 owds of this species while feeding their young capture at least 40 mice per day. Once he found no feAver 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 is worth £5 per year to the British nation.'' The long-eared owl {Asio wils07iianus) is distributed throughout temperate Xorth 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, 40 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, 26 shrews, and 13 small birds. The long-eared owl (A-'sio otut<) 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 {E ootomys) , and 365 field mice {J/ uToti/s) . 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 ^4. otus examined by Doctor Altum, he found 3 small birds, 2 shrews, 14 true mice, 12 bank voles, and 259 voles ( 1 M. amphihius, 65 J/, agrestis, and 193 M. arvalls.'^ 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 {Anio accipitrinits) is probabl}^ the greatest enemy of field mice. It figures in man}' historical accounts of vole plagues in England and on the Continent. Holinshed's Chronicle closes the account of voles in Danesev Hundred, of the countv of n Zoologisfho Onrten, vol. l.~>, p. 460, 1874. 6 Aii). Biol. Abteilung fiir Land- und Forstwirlschaft. \\ liand. 1 Heft, pp. 102-104, 190.3. f Oriiitliolofiy in Relation to Agriculture and Horticulture, p. VI. London, isn:'.. d nard\vick(>'s Seience (Jossip. vol. 20. pp. SO-00. ISO:!. '• Journal liir Uruithologie, vol. 12, pp. 420-434, 1804. 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 Avere identified. Doctor Rorig examined 51 stomachs of this species and found in them re- mains of 1)0 injurious rodents, of which 76 were Microtus. He ex- amined also 480 pellets of this owl, finding remains of 3 beetles, 9 small birds. 7 bank voles, 22 Microtus agresth^ and 842 M. anxilis. For purposes of comparison, tlie 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. Kind of mammal or bird found in owl pellets. Harmful rodents : Mus (rats and mice i Microtus (field mice; Other rodents Insectivorous mammals (shrews moles, and bat«) Small birds (sparrows, etc. ) Bam owl. Long ^^ o ^ ^ •^ ' &4 c ji ti ^ -: ■-5 w ^ -X ^ -"v X i X ^— ' — -~^ y. vr •5 ^ O c w V ■*" — . »w -*- •^ "^ ^^ c - ^ ^ M -; .^ .-. -^ z^ z^ v 1., X 87 48 X 1 87 56 46 166 121 139 241 114 3 a4 «1 0 0 8 202 80 29 r)2 0 3 (<>) 11 26 10 182 a 8 1 be o 2 168 a2 3 1 la 5 ^ o QD 0 180 al 0 •) "Bank voles (Evotomyg). b Not given . The barred owl {Syrnium carium) is larger than the species already considered. It resides throughout eastern North America from Nova vScotia to the Gulf and westward to the treeless plains. It usually lives in rather dense forests and swamps and nests in hoi- OWLS AND FIELD MICE. 49 low trees. Owing to its greater size, its food inchides 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 occasional^ 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 40 stomachs that contained mice. The great horned owl {Buho 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; 13, 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 in which young were being fed. The nests contained rabbits {Lepus -ftoridana mearnsi), fox squirrels {Sciurus rufl o enter) , wood rats {Neotoma haileyi), skunks {Mephitis), field mice, and in two cases feathers of the flicker {Colaftes 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. E. 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 (Oti/s 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. ('ill. Soe. Nat. Hist., vol. 8, p. 03. 1885-i8G. 50 AN ECONOMIC STUDY OP FTELD MICE. 100. insects; 5, spiders; 9. crayfish; 11. miscellaneous; and 43 were empt}'. 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 {Speot;jto cunicnlaria hypogcea) 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 I'isher. 2 contained mice; 1, a prairie dog; 3, lizards; 3, scor- pions; 1. a centiped; 30. insects, and 1 was empty. The species is largely insectiyorous and undoubtedly hio;hly beneficial. Seyeral other species of owls occur in the United States, but at no season are they abundant oyer any considerable area. Probably all feed largely upon meadow mice. Doctor Fisher's report covered only a small series; but 6 out of 0 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, Jiickel, and Rorig, and careful observations by others, the great value of owls for reduc- ing the number of meadow mice is established beyond doubt, 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 {Corind(p). 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 u])on field mice whenever occasion offers. Besides the common crow {Cor mis hrarhyrhyTiclios) the list of mouse-eating crows includes the fish crow (Corvus ossifragus) , the northwest crow (Corvris h. caurinus), the raven {Cor mis corax sinuatus). and the white-necked raven {Corvus cryjytoleucus). Magpies and the larger jays also destroy mice to some extent. The food habits of the common croAv form the subject of Bulletin Xo. G 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 j^ear. 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- o The Coiiiiuon Crow of the United States, Walter B. Barrows and E. A. Schwartz, 1895. CROWS, CUCKOOS, AND SHRIKES. 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 3/ icrotus) , and most of them were the common species {Microtus 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 snoAv, 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 cuckoos {CucuUdre) 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 calif oimianus) 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 (^1/. calif ornicus). The great northern shrike {La in as borcalis) is a connnon 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 witli white, and Avith 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 is probably much more insectivorous than with us. It comes to the United States at a time when insects are not abundant, and feeds mainh^ uj)on small birds, mammals, and grasshoppers. Mice were found in one-third of the stomachs examined by the Bio- logical Survev 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 ^ \ ■ n P.nllotin r> of the T^ioloffical Survey. Cuckoos and Shrikes in tlioir Rolntion to .\yri(iiltiuv. p. It). 1S!)S. 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 the}'^ are torn down or moved. The smaller shrikes {Lanius 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. CTHEB 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 imi:)ortant ])art of their food. Of our herons, the American bittern {Botaunis lentiginoses) is probably the best known destroyer of voles. The bird is a summer resident in all suitable localities in temperate Xorth 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 strictlv nocturnal, but is sometimes seen flvinof 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 Herodiones that feed uj^on meadow mice are the least bittern {Ardetta exilis), wood ibis {Tantalus lorulator), great blue heron (Ardea herodias), American egret {Herodias egretta). snowy heron {Egrctta r-andidisshna) , and the black-crowned night heron {Nycticorax nycticorax ntfcius). AVhile 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 gi'oup they undoubt- edly effect a reduction in the numbers of meadow mice in America. During a plague of field mice {Peromyscvs in this case) in South America in 1872-73 Mr. "W. H. Hudson observed that storks became o 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 mar/uira \Euxenura 7n(U/uira]) 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 iiniumerable 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 {Gruida') 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 {Larida') 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 rnarinus), 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 {Piti/opJiis), black snakes {Cal- lopeltis), and rattlesnakes {Crotcdus) 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, arc deserving of the farmers' protection. Like the toad, the smaller kinds feed ahnost wholly upon insects; but an inherent prejudice induces thoughtless peojile at every opportunity to destroy these friends of agriculture. oNatnnilist in Ln Pl,it:i. ]>]>. (•.4-05, 1892. 54 AN ECONOMIC STUDY OF FIELD MICE. REPRESSION OF FIELD MICE— ACTIVE MEASURES. We pass noAV to a consideration of snch 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 j)oisons, fumes, and micro-organisms. TRAPPING. Trapping is a simple Avay to destroy field mice, but it is seldom resorted to because few j^eople have patience to follow it uj) per- Kio. 'J.. — Field luousc cmuuIiI in hailed .i,'iiill()tinc trap. sistently and to look after the necessary large number of traps. lATien field mice are abundant it is essential to use many traps and to continue trapping for several Aveeks. Equipped with a hundred or Fig. ?,. — 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. 55 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 wnre 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, wdiere the animals spring them by coming in contact with the trigger, or they may be baited Avith 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 villages. 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 lies fallow. In the fallow lands voles multiply until at times they invade the cultivated lands and ruin the crops." "WTiile a high state of tillage does not always bring immunity from voles, it does nuich 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 lie unused will secure the greatest immunity from these pests. a Prof. T. Loeffler, Centralblatt fur Bakteriologie und rurusltenkunde, vol. 12, pp. 1-17, July 5, 1802, 56 AlSr ECON^OMTC STUDY OF FIELD MICE, OTHER MECHAXICAL. DEVICES. Mechanical methods of destroj'ing 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 with 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 i re wider at the bottom 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 Xew Forests in 1813 and 1814 and in the later vole plagues of Great Britain and central Europe. Inundation 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 intrusted 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 Avhom attaches re- sponsibility for any damage that may result through his carelessness. Strychnine. All things considered, strychnine is the most satisfactory poison for field mice. Although a veiy deadly substance, it is less dangerous to handle than either i^hosphorus or potassium C3^anide. 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 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 f)oison when em23lo3'ed 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. 57 Dissolve an ounce of strychnia sulphate in a pint of boiling water; add a pint of thick sugar" sirnp 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. Ifoatmeal is used as a bait, when the mass is w^et 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 1^ 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 froin 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. Phosphorus, when properly used, is an excellent though rather slow poison for rodents, a very small (]uantity producing death. It is, however, dangerous to handle l)oth 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 ui)on exposure to air il rapidly decomposes and becomes less effective. 58 AN ECONOMIC STUDY OF FIELD MICE. Among the mineral poisons that have been successfully emplo3'ed 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 strvchnine 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 mi-xture, 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 ma}^ be fed also in moistened bread or oatmeal. Although the advantages of barium carbonate as a rodent poison have l)een 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 nearlv all kinds of weather, the}- move about more freeh^ in winter when it is comparatively warm. For the best results, therefore, poison should be set out in the evening of rather mild daj^^s. Since mice usually work under the snow, it is useless to put out poison for them on the surface of the snow. The imjDortance of j^rotecting 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 Barl)ara— 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 keej) sending in reports of their finding thousands of dead birds of all kinds, victims of the squirrel bane." ** a Praktische Blatter fiir Pflanzenbau und Planzenschutz, a-oI. 1 (uew series), pp. 112-1 IG, November, 190.3. & .Journal d' Agriculture Pratique, vol. 9 (new series), No. 22, pp. 708-710, 1905. <■ .Journal d' Agriculture Pratique, Sept. 14, 190.5, p. 327 (quoting the journal Temps). (i Western Field, vol. 8, No. 1, ].. .'".7. Feliruary. 190G. POISONING FIELD MICE, 59 Additional Methods of Poisoninc;. The following recij^es and recommendations contain useful hints to farmers who for any reason do not wish to follow the recommenda- tions alread}^ made: To protect trees from mice we take blocks of wood G inches in length by 3 in diameter, and with a six-quarter auger bore a hole 4 inches in deptli. Mix a dessert si)oonful of arsenic witli a quart of corn meal, or in that propor- tion, put one spoonful in each liox prepared as above, and put it under each tree beneath the mulch. Renew the meal once or twice each year. This jn-ocess is a sure i)rotection. — Lewis LI. Spear, in U. S. Agricultural Itejiort for 1852, 1). ir>:?. Different poisonous preparations have been used with effect on these vermin. The following ai'e 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 abcmt tlieir 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 iwwdered arsenic, 2 ounces lard, 10 drops oil of rhodium, mixed with flour or meal into a tliick dough, and pills of it scattered about the orchard and nursei'ies. — E. A. Sanuiels. in U. S. Agricultural Report, 18C.;{, p. 272. Th(>se animals (.17. of/rcstis) had devoured the succulent flower stems of some hundred Lobelia cardiiiiilis and the fleshy stems of Pampas grass {Aniiido conspicua). After making a nun'iber 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, 1803, ]t\). 41-42. In the month of Fe))ruary half a ton of one-and-a-half inch drain tiles were laid down se])arately throughout the plantations and a teaspoonful of oatmeal was i)laced in each, which was soon discovered and eaten by the mice. Phos- l»horus paste was then added to the meal and latterly small quantities of arsenic. The plan succeeded i)erfe(tly. and in a very short time they were all destroyed. — Sir Robert Menzies. Rannock, Perthshire, Scotlarid. A mixture of foui'-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 aitout .'? centimeters (1:^ inches), and this jiijte is then put near the holes of the mice. — Reconnnended l)y the French Minister of Agriculture in a letter to the Tiritish Vole Comuiission of 1892. I shell out pumpkin seed, grind it into meal, and mix with str.vchnine. 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 succes-s. — .Metliod u.sed l)y Fred. Noerenberg, Cascade Springs. S. Dak. FUMIGATION. Generallj^ speaking, the various methods of fumigation for de- stroying field mice arc 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 i n vol v^ed. makes the methods too 60 AN ECONOMIC STUDY OF FIELD MICE. expensive. However, occasionally carbon bisnlphid may be nsed to advantage, especially Avith pine mice. A little of the liqnid 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-ORGAXISMS. 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 j^et 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. ^AHien 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 jjrey upon field mice. The farmer should by all means acquaint himself with the food habits of the various species of wild animals of his vicinitv, to the end that he mav 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 nurser}^ So well is this understood by the ma- jority of exi:)erienced 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 innnunity from mic(> 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 snoAv 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, throAving 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 {Yticca hrevi folia) is utilized for the purpose. Strips of wire cloth make excellent protectors, and tarred paper is a faA^orite Avith some horticulturists. The Avire cloth or paper is cut into strips about 7 inches Avide and at least 15 inches long. A strip is secured around each tree Avith Avire or cord. Tarred paper should ncA'er be used on very young trees, and Avhen used on others should not be left in place during the summer, since it may injure the groAving tree. Various paints and Avashes have been recommended to preA^ent attacks of mice and rabbits in orchards. The majority of these are Avithout merit and some of them are liable to kill A'ouno- trees. Some of the AAashes require rencAval after every hard rain. In experiments Avith a Avash of Avhale-oil soap, crude carbolic acid, and Avater, for apple trees, it was found that in about forty-eight hours the carbolic acid had so far evaporated that mice renewed their Avork upon the l)ark. Blood and grease, said to giA-e immunity from rabbit attacks, Avould invite the attacks of field mice. Reports recently receiA^ed by the Biological Survey seem to indicate that the ordinary lime-and-sulphur Avash, recommended for the Avinter spraying of trees to destroy the San Jose scale, is an effective pre- A'entiA'e of the attacks of both mice and rabbits. Personal obserA'^a- tions during the winter of 1900-7 indicate that this claim is Avell founded. SeA^eral correspondents state that they have tried the wash successfully, and the matter is worth further iuA'^estigation. The Avash is Axu-y cheap (from 1 to 2 cents a gallon Avhen 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 spra}' or by the use of a brush. One thorough appli- cation in November Avould probabh' 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. P'ine, 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. AMien trees are girdled by mice, portions of the inner l3ark (cambium la3^er) 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 Avounds Hear 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 completelv orirdled bv mice in Decembei:, 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. Xew bark comj)letely 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 applied to the wounds and the tree wrapped with strips of cloth. If, however, 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 b}' 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 " See Yearbook U. S. Dept. of Agriculture. 1900. \)\k 420-440. Lime-sulphur "Washes for the San Jose Scale. REMEDIES FOR INJURED TREES. 63 made in it. The ends of the scions are then cnt to tit these notches, the scion itself being left slightly longer than the span of the injnry, so that they may be sprnng into position and held firmly. The cambium laj^r 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 kill trees if applied in the spring. Coal tar will do the same, as the Avriter 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. "\Alien the injury is slight the wounds may be covered with wax or soil and Avill heal over in a season, delaying sale for a year. This applies to Jjoth deciduous trees and evergreens. In the case of young trees, when the injury is considerable the tops' may be cut out and new ones grown more quickly than fresh stock, but this is possible onh^ 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 AVorld, as Avell 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 haAvks, 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. 8. Periodic plowing of grass and other lands for the rotation of crops. 4. Clean cultivation of corn and all other crops, and especially of f)rchards and nurseries. 64 AN ECONOMIC STUDY OF FIELD MICE. 5. Clean moAving of grass lands and permanent nneadows, 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 luiowledge of the classi- fication and life histor}^ 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. RiTZEMA. Tierische Schadlinge und Niitzlinge, pp. 89-101. Berlin, 1891. CouES, Elliott. Monographs of North American Rodentia. Muridi^e. 1877. Crampe, Dr. Hugo von. Die gewerbsmiissig hergestellten Mittel zur Yertilgung von Feldmiiusen und anderen schiidlichen Nagern. Landw. .Talirb., Band 12. pp. 450. 4.">8, .54r>-,5(;i. Douglas, Sylvester, Lord Glenbervie. An account of the unexampled devas- tations committed by Field INIice in the Forest of Dean, in Gloucestershire, and in New Forest, in Hampshire, during the years 181.3 and 1814. Zoolog- ical Journal, vol. 1, pi). 433-444, Jan., 182.5. GowDY, 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 Fi.eld A'oles in Scotland, 1893. . Observations on the Common Field Vole of Thessaly. Zoologist, vol. 51, pp. 139-145. 1893. Heenan, Thomas. A Plague of Mice in Russia, 1893-5. U. S. Consular Re- ports, vol. 50, pp. 539-540. Hiltner, Dr. Lorenz. Bericht iiber die von der Agrlkuiturbotanischen Anstalt durchgefiihrten Versuche zur Bakjimpfung der Feldmiiuse. Prak. Blatter fiir Ptianzenbau und Pflaiizenscliutz. new series, vol. 1, No. 9, pp. 97-102, 112-110. 1903. Hudson. W. H. The Naturalist in La Plata, chapter 3, A Wave of Life, pp. 59-(i8. London. 1892. Kennicott, Robert. The Quadi'upeds of Illinois. Report of Commissioner of Patents : Agriculture. 1856, pp. 84-90, 97-105. La Harpe. S. G. De. 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.) MiLLAis. J. G. Mammals of Great Britain and Ireland, Vol. II, pp. 233-299. 1905. Miller, Gekrit 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 Issued February 2P, 1908. U. S. DEPARTMENT OF AGRICULTURE BUREAU OF BIOLOGICAL SURVEY— BULLETIN No. 32 C. HART MERRIAM, Chief FOOD HABITS OF THE GROSBEAKS BY W. L. McATEE ASSISTANT, BIOLOGICAL SURVEY WASHINGTON GOVERN^IENT PRINTI^NG OFFICE 1908 * Bui. 32, Biological Survey, U. S. Oept. of Agriculture. Plate I. Cardinal and Gray Grosbeaks [Top figure, male cardinal; middle figure, male gray grosbeak; bottom figure, female cardinal.] BREUKcR » XESbLER CO PHILAD- Issued February 29, 1908. U. S. DEPARTMENT OF AGRICULTURE BUREAU OF BIOLOGICAL SURVEY—BULLETIN No. 32 C. HART MERRIAM, Chief FOOD HABITS OF THE GROSBEAKS BY LltJUARY NEW YORK BOTANICAL GARDEN W. L. McATEE ASSISTANT, BIOLOGICAL SURVEY WASHINGTON GOVERNMENT PRINTING OFFICE 1908 LETTER OF TRANSMITTAL. U. S. Department or Agriculture, Bureau of Biological Survey, Washington^ D. C, Novemher i, 1907. Sir: I have the honor to transmit herewith for publication as Bulletin No. 32 of the Biological Survey a report on the food habits of the grosbeaks, by W. L. McAtee. The grosbeaks are a small group of finches, hitherto more widely appreciated for their bright plum- age, sweet song, and attractiveness as cage birds than for their serv- ices to agriculture. These are here shown to be of such character as to entitle the several members of the group to every consideration at the hands of the farmer,. The illustrations which accompajiy this paper are considered essen- tial to a proper understanding of the text. Respectfully, H. W. Henshaav, Acting Chief Biological Survey. Hon. James Wilson, Secretary of Agriculture. 2 CONTENTS Page. Introduction 5 Cardinal '^ Distribution and habits 5 Economic relations 6 Vegetable food ^ Animal food 13 Mineral matter 23 Nestlings 23 Summax-y 24 List of seeds, fruits, and invertebrates eaten 25 Gray grosbeak ^ 2S Appearance, distribution, and habits : 28 Economic relations ^ 28 Vegetable food 28 Animal food 29 ^Mineral matter 31 Summary 31 List of seeds and invertebrates eaten 32 Ro.se-breasted grosbeak 33 Appearance, distribution, and habits _ 33 Economic relations 34 Vegetable food 34 Animal food -12 Mineral matter ^>^* Nestlings ^^ Summary 57 List of seeds, fruits, other vegetable substances, and invertebrates eaten 58 Black-headed grosbeak 60 Appearance, distribution, and hal)its 60 Economic relations 60 Vegetable food ' 61 Animal food --- 68 Mineral matter 74 Nestlings '^'^ Sunnnary 75 List of seeds, fruits, and invertebrates eaten 76 Blue grosbeak 78 Api)earMnce. distribution, and habits _ 78 Economic relations ' ,- 78 Vegetable food - 79 Animal food 81 Mineral matter 83 Young 84 Summary 84 List of seeds, fruits, and invertebrates eaten 85 Uclations of grosI)eaks and other birds to parasitic insects 80 General conclusion >■ 89 3 ILLUSTRATIONS PLATES. rage. Plate I. Cardinal and gray grosbeaks Frontispiece II. Seeds and fruits eaten by grosbealvs 10 III. Blaclv-headed and rose-breasted grosbealis 34 . IV. Blue grosbeaks 78 TEXT FIGURES. Fig. 1. Seeds of smartweed 11 2. Seeds of cockspur grass 12 3. Seeds of blue vervain 12 4. Seeds of ribgrass " 12 5. Seeds of corn gromwell 13 6. Seeds of l•ag^veed 13 7. Caterpillar hunter 11 8. Bollworni or corn-ear worm K' 9. Cotton cut-worm 16 10. Zebra caterpillar : 17 ll^Harvest-fly 17 12. Billbug 19 13. Figeater 19 14. Rose-beetle 20 15. A flower eating scarabaeid 20 16. Locust leaf-miner 21 17. Seeds of yellow foxtail 29 18. Seeds of rough tuinbleweed__ 29 19. Cotton boll weevil 30 20. Cotton worm 31 21. Seeds of black bindweed 41 22. Pine buprestld 44 23. Seed corn scarabjeid *15 24. Plum curculio . 46 25. Potato beetle 47 26. Spotted cucumber-beetle 49 27. Fall cankerworm 51 28. Army worm 51 29. Orchard tent-caterpillar •'^2 30. Gipsy moth 52 31. Brown-tail moth 53 32. Buffalo tree-hopper 54 33. Australian ladybird 69 34. Codling moth 72 35. Spring cankerworm 73 86. Black olive scale _— — 73 37. Seeds of green foxtail 81 38. Purslane caterpillar •*^2 39. Lesser migatory locust S3 40. Coral-winged locust 84 4 FOOD HABITS OF THE GROSBEAKS. INTRODUCTION. Two distinct groups of finches or sparrows are conlmonly known as grosbeaks. One of tliese, which inchides the ,pine and evening grosbeaks, is of little practical importance, since its members breed and pass most of their lives in mountainous regions, or in the northern parts of North America. The other group includes the cardinal, gray, rose-breasted, black-headed, and blue grosbeaks, which spend either the summer or the entire year within agricultural regions of the United States. Hence their food habits are of considerable im- portance to the farmer. The members of the first-named group may be dismissed with the statement that during the period when they occur in non-mountainous districts their food consists largely of wild seeds and berries. Appar- ently the best relished are those of mountain ash, choke cherry, box elder, white ash, and maple, and of spruce, red cedar, and other con- iferous trees. The food habits of the second group are treated in detail in the following pages. CARDINAL. {Cardinalis cardinalis. Plate I, Frontispiece.) DISTRIBUTION AND HABITS. The brilliant and easily recognized cardinal ranges over much of North America. It occurs from southernmost Mexico and northern Central America north to New York, Ontario, and northern Iowa, and west to central Kansas, Arizona, and Lower California. In parts of this area the size and color have been so modified by climatic and other causes that 12 varieties or subspecies are distinguishable. P'ive of these reside in the United States, and while they bear no dis- tinctive vernacular names, the species as a whole is well supplied, being variously known as cardinal grosbeak or cardinal, Virginia nightingale, redbird, and also as the crei?ted or topknot redbird, in distinction from the summer redbird or tanager. The cardinal is resident wherever found; that is, the neighborhood where the bird rears its young is its home throughout the year. It is most abundant perhaps in the Southern States, where almost imiver- 5 6 FOOD HABITS OF THE GROSBEAKS. sally it is known as the redbird, and is often kept as a household pet. Affection for the bird, however, is not confined to the South, for its loud, ringing song, bright plumage, and ^dvacious manner make it a favorite , wherever it lives. When winter's snows cover its favorite feeding grounds the redbird becomes bolder and seeks its fare about sheds and barns and even among the horses' feet. Spring return- ing, its natural food supplies are once more available, and then the cardinal mostly frequents hedges, fence rows, and brushy thickets. The cardinal is one of the few birds which sings throughout the j'ear, although, of course, its songs are rendered more frequently and in greater perfection during the breeding season. The nest is loosely built and generally is placed in a bush or vine, often in the densest tangles ; in it three or four speckled eggs are laid. The first set of eggs usually is completed in May, but the second clutch is sometimes postponed until late summer. The cardinal is very sensitive to an}' interference in its domestic affairs, and un- finished nests and even those containing full complements of eggs are deserted upon slight provocation. Hence one who would have cardinals for neighbors must see to it that the birds' privacy is un- disturbed. The male redbird is a model parent, rushing to the de- fense of the nest in every emergency, doing a gre^it share of the feeding and otherwise caring for the young. The first birds of the year usually begin to shift for themselves about midsummer. The nest of the redbird is often within a few feet of the ground, and this circumstance leads to the destruction of many sets of eggs and broods of young by snakes, cats, and prowling wild mammals. Hence the bird needs protection, and when this is afforded it easily maintains its numbers, ECONOMIC RELATIONS. As mentioned above, the cardinal has ever been a favorite cage bird, and in some localities in the south gi'eat numbers have been trapped and sold into captivity. In times past it has suffered greatly also from the persecution of milliner}' collectors. Despite legal enactments against the killing of birds for hat gear, even yet the practice has by no means ceased, and among other useful birds the cardinal still suffers to a greater or less degree. In the District of Columbia cardinals were noted on hats as late as 1906, The extent of the former traffic in wild birds for cage purposes was remarkable. " Thousands of mockingbirds, cardinals, indigo birds, and other bright-plumaged species were formerly trapped for sale in this country and abroad, and so assiduously did the bird trap- pers ply their vocation that in some localities these species were al- most exterminated," " "T. S. Palmer, Yearbook, Department of Agriculture, 1905, pp. 557-558. TRAFFIC IN CARDINALS. 7 Referring to the cardinal in particular. Niittall " makes the state- ment : So highly were these birds esteemed for their melody that, according to Gemelli Cai-reri [who wrote in 1699], the Spaniards of Havana, in a time of pnblic distx'ess and scarcity, bought so many of these birds * * * that the sum expended, at ten dollars apiece, amounted to no less that 18,000 dollars. The liking of the islanders for this bird has suffered no abatement in later days, according to W. E. D. Scott," who wrote in 1889 : " The cardinal is in great demand as a pet by the Cubans, and on that account is a regular feature of the auction rooms, being supplied ' from the northern keys and the mainland " [of Florida]. However, recent laws, while they have not wholly put an end to these baneful practices, have greatly restricted them, and the cardinal, along with other insectivorous birds, is nowadays comparatively well protected. That from an economic standpoint the bird deserves complete protection, the following discussion of its food habits will make clear. Four hundred and ninety-eight stomachs of this species have been examined. They were collected during every month of the year and in twenty States, the District of Columbia, and Ontario. But for the fact that this material is unevenly distributed, seasonally and geographically, the results obtained from its examination would be perfectly satisfactory. As it is, Texas is much more completely represented than any other State, and May than any month, while the feeding habits for June and October are known only from exam- ination of a very small number of stomachs. These conditions neces- sarily affect the results, but in view of the large number of stomachs, it is believed that a fairly correct idea of the normal food habits of the species has been obtained. As a result of our investigations it appears that, for each of the twelve months, the cardinal averages 28.99 percent of animal food and 71.01 percent of vegetable. The maximum percentage of animal food for any one month is 78.4, being the average for 123 birds taken in May. The minimum is 4.9 for 41 birds in January. Vegetable Food. It is generally stated that the cardinal is largely, if not entirely, vegetarian. While this statement is perhaps too strong, the result of the present investigation leavas no doubt that vegetable prod- ucts compose the redbird's main subsistence at nearly all times of the year. In only one month do they constitute less than half the food, while for the entire year they average 71.01 percent. Grain amounts to 8.73 percent; wild fruit, only the seeds of which are usually eaten, composes 24.17 percent; weed and other seeds 36.38 percent, and miscellaneous vegetable substances 1.73 percent. "Manual of Ornithology, The Laud Birds, 1832, p. 525. ^Auk. VI, 1889, p. 324, quoting Atkins. g FOOD HABITS OF THE GROSBEAKS. GRAIN, A little more than 7.1 out of a total of 8.73 percent of grain eaten by the cardinal grosbeak is corn, while other cereals, including wheat, oats, sorghum, and rice, constitute the remaining 1.62 percent. Eleven birds had eaten oats, 4 wheat, 2 sorghum, and 1 rice, but so trifling is the percentage of these grains that practically no damage is done except under very unusual conditions, such as the concentration of a preat number of redbirds in a small area; but this is improbable, because the redbird usually is nongregarious. In regard to corn, however, which was eaten by 68 of the birds examined, more extended consideration is desirable. The redbird's fondness for Indian corn is noted by many writers, but extensive injury to the crop is charged by very few. Leverett M. Loomis." in writing of the birds of South Carolina, says the cardinal is " held in considerable ill repute because of its alleged depredations on newly planted corn.*' A correspondent in Alabama writes that the redbird is injurious to corn in the roasting-ear stage, and that it also " pulls the corn in the spring when it is just up with two or three leaves." Little direct evidence concerning the redbird's depredations on corn is derivable from our examinations, because none of the birds studied were collected in newly planted fields or where corn was exposed to attack. It should be stated, however, that during March, April, and May, which months cover the planting seasons from southernmost United States to Canada, less than the average ajnount of corn is con- sumed. Corn constitutes a greater proportion of the food in January than in any other month, and practically all eaten at this season is waste. So also in November and December, when corn makes up 4 and 7 percent, respectively. Waste grain is often eaten in spring and even in midsummer, according to observations by the writer. The cardinal is said to bore into grain stacks and also to ^dsit corn- cribs in winter, but probably it does so only under stress of unusual circumstances, as deep snow, and in all likelihood the damage is trivial. Lining the crib with medium-meshed wire netting, which can be done at small cost, will prevent access by the birds, and at the same time guard against attacks of rodents and poultry, while in no way interfering with the necessary ventilation. Considerable corn is eaten by the redbird during June, July, and August, and a portion of this may be jiilfered from the standing crop. At this season, however, the birds are scattered, and it is not likely that much damage results in any one locality. From the above it appears that present evidence does not suffice to determine the exact relation of the redbird to the corn crop, although, so far as it goes, it is in the bird's favor. To summarize : oAuk. VII, 1890, p. 125. WILD FRUIT EATEN BY CARDINAL. M Very few complaints have been made of attacks on corn by the red- bird. Though this evidence is negative, it possesses some weight, since accusations against serious grain pests are always numerous and emphatic. The greatest proportion of corn is eaten in winter, hence is waste ; and finally, the redbird does not flock habitually, and never at a season when corn is exposed to attack. For these reasons it may be concluded that the cardinal's depredations on corn are of little consequence. WILD FRUIT. Wild fruit, or rather the seeds of wild fruit, pulp being joresent in very few stomachs, was eaten by 312 of the redbirds examined, and, with the exception of weed seeds, is the largest item of the vegetable food. Of all fruits wild grapes are most important. From November to April their seeds constitute 17 percent of the cardinal's fare. They were eaten by 178 birds and in every month, forming on the average 11.9 percent of the subsistence throughout the year. Three species, the summer grape {Vitis aestivalis, PL II, fig. 8), the frost grape (F. cordi folia), and the bullace or southern fox grape (F. rotundi- fqlia) were identified, and there is no doubt that the redbird feeds upon all kinds of Avild grapes growing within its range. Although wild grapes are such favorite food, they seldom are swallowed whole, only one or tAvo entire grapes being found in the stomachs. Further, very few entire seeds are swallowed. The seeds are generally crushed and ground by the powerful beak into such small bits that their iden- tification is very difficult. The presence of great numbers of fruit seeds with little or no pulp is accounted for by well-known habits of the bird. It searches con- tinually among leaves and rubbish on the ground, where it secures many of the seeds and shriveled fruits. It also gathers dried berries from the vines in av inter. The fruits of various dogwoods rank next to grapes in the red- bird's regimen. They were eaten by 52 birds and constitute 3.97 percent of the total food examined. Rough-leaved (PI'. II, fig. 6) and flowering dogwood (PI. II, fig. 5) seeds were identified. Any one familiar with the intense bitterness of these fruits will admit that the cardinal possesses considerable individuality of taste. All fruits united, other than cornel berries and grapes, form 8.3 ]iercent of the annual food. Most important among them are black- berries and raspberries, which were eaten by 3-1 birds. Mulber- ries were eaten by 31, and hackbcrries by 23 redbirds. Among the latter fruits two species were identified — the conunon hackberry or sugar berry {Celtis occidentalis, PI. II, fig. 2) and the southern hackberry {C. mississippiensis). The last named was eaten by nearly 20 cardinals collected in one locality in Texas. Smilax seeds, iden- 10 POOD HABITS OF THE GROSBEAKS. tifiecl as of the bristly or bamboo greenbrier {Smilax hona-nox), which are almost as hard as wood, were taken by 2 individuals. It would be well for humankind if more birds were fond of the seeds of these detestable vines. One cardinal ate seeds of Solomon's seal {Polygonatum bifiomm). Cherries also are on the redbird's bill of fare. One correspondent states that redbirds filch cultivated varieties, but as none appeared in any of the stomachs examined, the occurrence probably is exceptional. Chokecherries are consumed, however, and Dr. A. K. Fisher has observed a cardinal eating the fruit of a seedling cherry (Pnmiis avium). Wilson says cardinals feed upon the seeds of apples, but this habit also must be rare ; in the course of the present investigation no culti- vated fruit of any kind was found. Six cardinals devoured blueberries {Vaccinium spp. including V. virgatum), three ate the aromatic berries of spice bush {Lindei^a benzoin), and 6 took the purple fruit of the pokeberry {Phytolaeea decandra, PI. II, fig. 4). The seeds of the succulent fruit of the prickly pear {Opuntia opuntia, PI. II, fig. 0) were found in the stomachs of 3 cardinals, taken near the District of Columbia, where the plant abounds on the rocky banks of the upper Potomac. Six redbirds fed upon the drupes of sumac, including those of the poison ivy {Rhvs radicam) and of the skunk bush {Rhus trilohata). These fruits are sometimes eagerly sought. The writer once in winter observed a scattering flock of 50 or more redbirds feeding on the berries of scarlet sumac. The elderberry, which is so relished by the rose-breasted grosbeak, is rather neglected by the cardinal, only 2 having selected it. Two also ate ground cherries and black haws, while but 1 stomach con- tained rose hips, though the bird has often been observed devouring these fruits. Juneberries {Amelanchier ranadensis, PI. II, fig. 3) and others of the same genus are eaten; both holly (/lex opaca) and inkberry (/. glabra) are occasionally secured, as well as red cedar berries {Jimiperus virginiaria), the fruit of the knockaway tree {Ehretia elliptica), and red haws (Crataegus sp.). In a stomach col- lected in South Carolina in January were more than 12 seeds of the berry of the passion flower {Passifora incarnata) . To the above list of fruits eaten by the cardinal, various authors add the Avahoo berry {Euonym^is sp.), Mexican mulberry {Callicarpa americana), and drupes of the cabbage palmetto (Sahal palmetto) and saw palmetto {/Serenoa serrulata) . Among many items of vegetable food to be classed as miscellane- ous are some of particular interest. Acorns were eaten by a few cardinals and one bird even selected a hickory nut. The strength of bill necessary to shear into such hard seeds may be imagined, and it Bui. 32, Biological Survey, U. S. Dept. of Agriculture. Plate II. SEEDS AND FRUITS EATEN BY GROSBEAKS. [1, Wild black cherry {Prunus scrotiiia). 2, Hackberrv (Oltis orridnitalis). 3, Juncberrv {Ainikuichicr canadciisifi). 4, Fokcbcrry {Pin/tolarra d"'"\ '«- ^ .... jKitJiifohtim) , (From large genus are eaten indiscriminateh\ They iiiiiman, Nevada Ex- are among the commonest and worst weeds of penment station.) both dooryards and cultivated fields. Besides being notorious crop chokers and seed adulterants, smartweeds are the main support of the disastrous corn-root aphids before the latter are transferred to the corn by their ant guardians. Hence the cardinal's habit of devouring smartweed seeds is beneficial, not only in abating -direct injury by these pernicious weeds but also in tending to diminish the number of aphids by destroying their most important host plants. The seeds of foxtail grasses (figs. 17 and 37) are next in impor- tance. P'oxtail is only too well known for its keen competition with cultivated crops, and is to be classed among the most troublesome weeds. Its seeds compose 3.21 percent of the cardinal's food, 51 out of 498 birds examined having eaten them. Bur grass {Cenchrus tribrdoides^ PI. II, fig. 10) should be mentioned here, as it is pos- sible some of its seeds were wrongly classed with those of foxtail, 'the shelled kernels of which they greatly resemble. They have been positively identified in several stomachs. Henry Nehrling '' says car- dinals " are very fond of bur grass seeds or sand spurs * * * "Birds of E. X. A.. 18S1. p. TOO. ''Our Native Birds of Soug and Beauty, II, 1896, p. I'JC. 12 POOD HABITS OF THE GROSBEAKS. Fig. 2. — Seeds of cockspur grass (Echinochloa crus-gaUi). (From Hillman, Nevada Experiment Station.) which are furnished with formidable spines. This grass is a very vile weed of the southern fields and the orange groves of Florida." The seeds of other grasses, including cockspur grass {Echiyiochloa rrus-galU, fig. 2). crab grass (Synfhensma sangui- nalis), and allied species, which are well-known weeds, were fed upon by 31 redbirds, yard grass {Eleusine indica) by 31, and unidentified gras.ses by 22. Seeds of the nearly related sedges ( Carcx et al. ) were devoured by 41 car- dinals, those of vervirfns {Verbena hdstata, fig. 3, and T^. nrtic(pfolia) by 25. Twenty-two birds ate seeds of the well-known ragweeds (fig. 6), and 39 those of various spurges. Among the other weed seeds eaten in smaller quantities are those of dodder, a serious pest in grain crops; vetch, dock, sow thistle, plantains, includ- ing the detestable ribgrass (fig. 4) ; tum- bleweed (fig. 18), sunflower, violets, gera- niums, stargrass, spiny sida, corn groni- well (fig. 5), spiderwort (PL II, fig. 7), lamb's-quarters, chickweed, stick-tight, sorrel, button weed (PL II, fig. 11), and stick-seed. To this list W. D. Doan adds clover and partridge pea.'* One plant in the above list, namely, buttonweed, is known also as alligator head in the South, where it is a bad weed in rice fields. It has been said that " as the .seeds are about the color of the soil they are not easily seen and are not apt to be picked up by birds." This is a mistake, however, for these seeds are devoured by many l^inds of birds, and some, as the bobwhite, eat large numbers Fig. 4. — Seeds of ribgrass (Plantago lanceolata). (From Hillman, OI tnem. Nevada Experiment Station.) After plants have seeded it is impossible for man appreciably to diminish the number of seeds. But this work is the peculiar function of B O A Fig. 3. — Seeds of blue vervain (Verhena hastaia). CFrom Hillman, Nevada Experiment Station.) a Bull. 3, Agr. Exp. Sta., W. Va., 1888, p. 74. CARDINALS AS WEED DESTROYERS. 13 Fig. —Seeds of corn gromwell (Lithosperminn arvensc). (From Ilillman, Nevada Experiment Station.) seed-eating birds, and their great value to the farmer consists in the service they render in this direction. The warfare against seeds, so costly to him, is waged by the whole body of sparrows and other seed-eating birds year in and year out without cessation. Were it not for them the number of weeds w o u 1 d be vastly greater and the re- sulting damage cor- respondingly larger. How great this dam- age is will appear from the statement that the loss to the wheat interests of Minnesota from dockage, largely due to the presence of weed seed, is about $2,500,000 annually .« Moreover, conditions in Minnesota are not exceptional, and in every State the total annual loss from weed seeds is very great. So far, then, as farmers can protect and increase the number of weed-seed eating birds to that extent will they reap the benefit of increased service from these faithful servants. The redbird eats the seeds of many of the most harmful weeds, making more than a third of its subsistence upon them. Hence it occupies a very impor- tant place among the weed-destroying birds, and should be prized accordingly. Animal Food. Though in quantity much less than the vegetable food, the animal portion of the cardinal's diet is much more diverse and is comprised in no less than six of the natural classes. These are myriapods, centi- pedes, insects, spiders, bivalves, and univalves. Insects are vasth^ more important than the others a n d constitute 26.25 out of 28.99 percent, the total proportion of animal matter consumed. The percentage is appor- tioned among the orders of insects as follows: Wasps 0.92, bugs 3.72, butterflies (and caterpillars) 5.1, grasshoppers G.42, and beetles 10.48. # ^■t. ^^^ ^^ Fig. (5. — Seeds of ragweed (Ambrositi (irfcminiaefolia). imiman, Nevada Experiment Station.) ( From <»Bull. 95, Minii. Agr. Exp. Sta., 1906, p. 195. 14 FOOD HABITS OF THE GROSBEAKS. The last-named group includes two mainly beneficial families, the ground beetles (Carabidae) and the fireflies (Lampyridae). Since the destruction of these beetles by the cardinal tends to neutralize the good done in other ways, it is important to understand thoroughly the nature of the bird's relation to them. Among the most beneficial of beetles are the caterpillar hunters {Calosoma^ fig. 7), which ascend trees in quest of their prey, a rare habit among ground beetles. Thus these beetles attack caterpillars in a way others are unable to do. Two cardinals ate beetles of this genus. Another large carabid {Pasitnachxis) ^ an enemy of grasshoppers and the army worm, was eaten by one redbird. Others devoured include Harpalus caliginosus^ which is the bulky black beetle often seen feeding on the flowers of ragAveed and Avhich is evidently not entirely predaceous, and a larva of the nearly related beetle Dicaelus. Three birds captured individuals of the medium-sized but very hard Scarites suhterraneus^ which generally hides under stones by day. Specimens of two species of Anisodaet/i/li/s and one beautiful blue ('nllhia also were eaten. In all 34 red- birds fed upon beetles of this useful family, but each must have eaten spar- ingly, for the beetles compose but 0.75 percent of the entire food, an amount too small to be reckoned against the con- sumer of more than 8 times that quantity of grasshoppers, in addition to many other injurious insects. Fireflies were eaten by only 4 cardi- nals, one of the birds obtaining the com- mon black and yellow soldier beetle {('JiauUognathnfi marginatus)^ which commonly feeds on the pollen of midsummer blossoms, and another, one of the small black fireflies {Telej)hori(s pusiUu.s) , the larva.^ of which are enemies of some common agricultural pests. Fireflies are eaten in such moderate measure that it is impracticable to assign them a percent, and we may conclude, so far as the present data go, that the cardinal does no ai^preciable injury to this group of insects. The wasps and similar insects (Hymenoptera) include among their number many beneficial parasitic species, and for that reason their status as food of the redbird must be looked into. Fifty-nine of the grosbeaks examined had eaten these insects, but they amount to only 0.92 percent of the total food. None were positively identified as parasitic species, while some injurious forms were distinguished. Eleven cardinals ate ants, including the harvesting ants {Pogono- myrmex) and the small reddish Lasius, which foster plant lice, nota- bly the corn root aphids. One grosbeak ate a sawfly, which also is an insect of unsavory reputation. Fig. 7 — Caterpillar soma scrutator). hunter ( C'aJo- (From Riley.) INSECT FOOD OF CARDINAL. " 15 The cardinal is frequently alluded to in ornithological literature as preying upon bees. Peter Kalm published the first of these state- ments in 1770, and the later ones were probably suggested by, if not copied from, his. Wilson (1831), Nuttall (1832), and later authors reiterate the charge, though the context does not show that any of them knew of the matter at first hand. It is quite possible that, so far as this particular trait is concerned, the cardinal has been con- founded with the similarly colored but otherwise very diflferent sum- mer redbird, which is well known to prey upon bees. At any rate, it is significant that the present examination did not reveal a single bee among the insect food of the redbirds. On the whole, the cardinal shows no great relish for Hymenoptera, and among the species eaten those injurious to man and the less valuable kinds predominate. Among other possibly beneficial insects, the redbirds had eaten an assassin bug and a remarkable predaceous neuropteron {Mantis pa hrunnea) , also a nymphal and an adult dragon fly. The latter crea- tures probably do as much harm in destroying young fish as good in preying upon insects. At most, not more than 2 percent, probably much less, of the cardinal's food consists of useful insects, while 12 times as much consists of injurious species, the destruction of which is a benefit. One of the most important constituents of the major proportion is Lepidoptera. They compose 5.08 percent of the annual subsis- tence, amounting, however, in May to 26.71 percent. The adults taken consist of 5 moths and 1 butterfly, which together make up 0.17 percent of the food. Caterpillars are much more relished and 137 redbirds fed upon them, sometimes obtaining from 7 to 18 each. The cotton worm {Alabama argillacea^ fig. 20), Avhich formerly was a serious pest and which even now spoils a late-planted crop, was eaten by 3 cardinals. There is evidence that the bird habitually feeds upon this insect, and as early as 1885 C. V. Riley remarked " that '' birds are of incalculable benefit " in combating the cotton worm, and the cardinal is one of those which prey upon it more or less persistently. A second cotton pest, the bollwomi {Heliothis ohsoleta, fig. 8), which is familiar also as the corn ear-worm, is occasionally devoured, and a third, the cotton cutworm {Prodenia ornithogaUi, fig. 9) is greatly relished. Ninety-six of the latter were eaten by 31 cardinals from the Texas cotton fields. The destruction of cotton insects by the redbird is important, since the bird is numerous in the cotton re- gion and feeds upon the worst enemies of the plant. The sphinx caterpillars, so many of which are injurious to culti- vated plants, were eaten by 20 redbirds. The species identified are the laurel sphinx (Sphinx kalmire) and the purslane sphinx {Deile- phila liTieata, fig. 38), the latter being a general feeder and attacking « Fourth Ann. Rep. U. S. Ent. Comm. 1885, p. 88. 18848— Bull. 32—08 2 16 FOOD HABITS OF THE GROSBEAKS. several garden and field crops. Measuring worms were eaten by 2 cardinals, the ze- bra caterpillar (fig. 10) of the cabbage by 1, while 2 secured chrysalides of the notorious codling moth. It thus ap- pears that the lepidopterous food of this grosbeak contains a number of serious pests, and the bird ac- complishes much good by destroy- ing them. A somewhat larger number of cardinals than ate caterpillars preyed upon grasshop- pers, and these in- sects form a corre- spondingly larger proportion of the food, namely 6.43 percent. Crickets and long and short horned locusts were eaten and a decided taste for the eggs of katydids is shown, they 1)eing consumed by 21 red- birds. Among the short -horned grasshop- pers the small shield-back grouse locusts were taken, and also the lesser migratory locusts {Melanoplus atlanis, fig. 39), which during the invasions of the Rocky Mountain grasshopper was second only in importance to that formidable insect. The cardinal did its share in repelling the locust hosts in the seventies, Mr. Aughey, of Nebraska, finding more than 20 locusts per bird during his examina- tions. It is certain that the redbird's aid in restricting the less conspicuous pests of the jDresent day is no less valuable. Other insects bearing the name " locusts, Fig. 8. — BoUworm or corn-ear worm (Heliothis obsoleta) (From Quaintance, Bureau of Entomology.) C't- [fiG. 9. — Cotton cutworm {Proilenia ornithoyalH). (From Chittenden, Bureau of Entomology.) but not at all closely INSECT FOOD OF CARDINAL. 17 related to the grasshoppers, belong to the order Hemiptera, which furnishes 3.72 percent of the cardinal's subsistence. These. dogday locusts, harvest or jarflies, which injure the twigs of trees, are, on account of their loud, vibrating song, among the best-known insects. Pig. 10. — Zebra caterpillar (Mamestra picta). (From Chittenden, Bureau of Entomology.) Their great size would seem to prevent most birds from capturing them, but 9 of the redbirds examined had accomplished the feat. The common harvest fly {Cicada tibicen, fig. 11) was identified from Fig. 11.- Harvest fly ICicada (ibiccn). (From Lugger, Minnesota Kxperiment Station.) tAvo stomachs, and according to A. AV. Pmtlci " the scvonteen-year locust {Tihiceii Heptendechn) also is eaten by the redbird. Several insects of this order are miniatures of the cicadas, such as the jumping plant-lice (Psyllidir) and leaf-hoppers (Tettigonidae). "Bull. 12, Div. Ent, 188G, \\ 30. 18 FOOD HABITS OF THE GROSBEAKS. These and the curiously shaped tree-hoppers ( Membra cidae), all of Avhich are more or less injurious, are occasionally taken by the red- bird. More often this grosbeak secures the tiny bark-lice or scale insects (Coccida?). These minute but nevertheless destructive pests, which have not long been known to be preyed upon to any extent by birds, were devoured by 21 cardinals. The cherry scale {Eulecanium cerasifex)^ which is sometimes injurious, was identified from one stomach, while another contained scales which are probably the locust bark-scale {E. robiniarum). Other scale insects of the same genus were fed upon by 15 cardinals and those of a related genus {Totnneyella) of the southeastern United States b}' 2. Other Hemiptera Avere eaten by 59 grosbeaks, 31 selecting the vile- smelling stinkbugs (Pentatomidae), including the green tree-bug {Nezara hilans) and 1 specimen of Euschistus. The secretions of the latter insect have proved fatal to such hardy creatures even as weevils, but apparently they do not daunt the cardinal. One assassin bug and 1 species of the chinch-bug family also were devoured. Practically all of the Hemiptera eaten are injurious, and some, such as the scale insects, extremely so. Consequently, the cardinal's habit of preying upon them is highly beneficial. Passing to beetles, we find weevils are eaten to a greater extent than any others. These compactly formed snout-bearers belong to 10 fam- ilies, members of 3 of which are preyed upon by the cardinal. ]Most of the weevils attack nuts, fruits, and seeds, including those of culti- vated plants. Hence, they are generally harmful and many kinds are exceptionally destructive. Weevils often are obscurely colored and have the habit of feigning death, but notwithstanding these protec- tive devices they are captured in large numbers by all insectivorous birds. One hundred and fifty-seven cardinals ate weevils in quan- tity sufficient to make 3.26 percent of the food of all examined. Scarred snout-beetles and curculios are equally relished. Sixteen red- birds fed upon a species {Compsus amicephalus) of the former group, which, in the adult state, occurs upon the leaves of cotton. The tiniest fragment of this insect suffices for identification, because of the beautiful covering of silvery green and golden scales. Thir- teen other £Tosbeaks ate scarred snout-beetles which can not be identi- fied. Of curculios, the acorn weevil {Balaninus nasicus), with a snout almost as long as the body, and several species of 5 weed-mining genera were captured. Six redbirds ate the injurious clover weevils (Sitones). The cotton boll weevil (fig. 19) also is occasionally eaten by the cardinal, 2 of the present collection having secured specimens of this highly destructive insect. Twelve redbirds captured curcu- lios which were not further determined. Bill-bugs (fig. 12), whicli as larvae live in the roots of grasses or sedges and as adults often in- jure corn by drilling holes in the stems of young plants, were de- TNBECT FOOD OF CARDINAL, 19 Fig. 12. — A bill bug (Spheno- phorus). (From Forbes, Illi- nois Experiment Station.) voiired by 13 cardinals. Two species (Sphe/wphorus cariosus and S. roTnjjressirostris) were identified. Lamellicorn or scarabteid beetles are next in importance to weevils in the beetle diet of the cardinal. Thev were eaten bv 77 birds and compose 2.56 percent of the annual food. Many of them feed on ex- crementitioiis matter and are of neutral economic sio^nificance : but few of these are consumed by the bird. Those secured in- clude the common road-frequenting dung beetles, which were captured by 6 cardi- nals, and the large resplendant scavenger Phanwus camifex. Other species in this family, however, are not so harmless as the above. The spotted vine-chafer {Pelidnota punctata)^ which is an important grape pest in the eastern United States, the two-spotted Anomala, which also devours the foliage of the grape, and the cetonias {Euphoria inda, fig. 15 ; E. fulgida, et al.), which feed upon all sorts of flowers and sometimes on young Indian corn, are all accepted as food by the cardinal. The southern June beetle or figeater {AUorhina nitida, fig. 13), which causes con- siderable damage in Florida and neighbor- ing States, was found in a few stomachs; but since the cardinal evinces a strong prefer- ence for large insects and abounds in this beetle's favorite home, many of them, no doubt, are devoured. Of great- est interest in this fam- ily are the ro.se-chafers ( M aci'odactyluH h i/hspi- Fio. IS. — Fipreator {AUorhiiui nilida). (From Howard, ho.s/'s fi^r 14) Thcse bee- ' liiircau of lOntoniology.) 'to' •/ I ties are so abundant at times, says Prof. J. 15. Smith, that they " ruin not only vineyards, but orchards and gardens, eating ovci-y kind of fruit and flower; 20 FOOD TIABTTS OF THE GROSBEAKS. two or three da.ys suffice to ruin a vineyard.'" These insects have very long and spiny legs, and opinions differ as to whether birds eat them, some affirming that they do, others that they do not. As a matter of fact, they are preyed upon by several wild birds, including the yellow-billed cuckoo, crow blackbird, kingbird, phoebe, green- FlG. 14. — Rose I)eotIe (Mtirroductyhis suhdiniiosus) . i Prom Riley, Bureau of Entomology.) crested flycatcher, redheaded woodpecker, and cardinal, the last- named being one of the most important of their enemies. Four of the birds examined during the present investigation had eaten rose- beetles, each of them taking several, and on July 5, 1900, the writer watched a brood of voung which were l)eing fed rose-chafers, remains Fig. 15. — Flower eating scarabaeid (Euphoria inarge crab grass (^yiitlierii^iiKi .stm- yuiiialiii). P.arnyard grass {Ech'mocliloa cnti<- OdUl). Yellow foxtail {Clicetocliloa glauca). Bur grass {Ccnchnis trihalvides). Wire grass (Eleusine mclica). Sedge (Carer sp. )•. Spiderwoi't {Tradescantia sp.). iiush {Juncus sp.)- Star grass {Hypoxis hirsuta). Star grass {Hypoxis juncca). Dock {Rumex sp.). Knotgrass ( Polygon ii tn a vicularc ) . I'ale persicaria {Polygonum lapatlii- folium). Peunsylvauia persicaria {Polygonnni penusylvanicum ) . Smartweed {Polygonum punctatum). Virgiuia kuotweed {Polygonum rirgin- ianum). Hastate tearthumb {Polygonum arifo- lium ) . (loosefoot {Chenopodium sp.). Pigweed {Amaranthus sp.), Cliickweed {Al.sinc media). \'etcb {Vicia sp.). Crauesbill {Oeranium sp.). Sorrel {Oxalis sp.). Croton {Croton sp.). Spurge {Euphorbia sp.). Spiny sida {Sida spinosa). Violet {Viola sp.). Dodder {Cuscuta sp.). Stickweed (Lappula sp.). Gromwell {Lithospcrmum arvense). Wbite vervain {Verbena urticae folia). Blue vervain {Verbena hastata). Rib grass {Plantago lanccolata). Plantain {Plantago sp.). Buttonweed {Diodia teres). Prickly sow-thistle {Sonehus asper). Ragweed {Ambrosia artcmisiaefolia). Sunflower {Helianthus sp.). Sticktight {Bidens sp.). COLEOPTERA. Ground beetles (Carabidse) : Calosoma scrutctor. Pasimaciius sp. Scarites subterraneus. Dicaelus sp. Callida sp. Harpalus caliginosus. Anisodactylus rusticus. Anisodaetylus agricola. Click-beetles (Elateridje) : Melanotus sp. Bronzy wood-borers (Buprestidae) : Dicerca obscura. Agrilus egcnus. Fireflies (Lampyridae) : Chauliognatlius marginatus. Telephorus pusiUus. Lamellicoru beetles ( Scarabfieidae) : Phanaeus carnifex. Aphodius lividus. Aphodius inquinatus. Mucrodactylu s s u hsp inosus. Anomala binotata luteipennis. Pelidnota punctata. AUorJiina nitida. Euphoria fulgida. Euphoria inda. Long-borned beetles (Cerambycidae) : Liopus ads per s us. Hippopsis Icmniscatu. Leaf -beetles (Cbrysomelidse) : Donacia sp. Lema trilineata. Cryptocephalus calidus. Volaspis brunnea. Nodonota tristis. Chrysomela sp. Calligrapha bigsbyana. Zygogramma hcterotheca. Melasoma scripta. Diabrotica 12-punctata. Odontota dorsalis. Coptocycla sp. Darkling beetles (Tenebrionidte) : Blaps tiiius pra tens is. Blister beetles (Meloidae). Scarred snout-beetles (Otiorbynchi- die) : G rapJiorhinus vadosus. Compsus auriceph a Ins. True snout-beetles (Curculionidje) : Sitoncs sp. Paehytychius anwnvs. Anthonomus grandis. CAEDINAL S FOOD ITEMIZED. 27 coLEOPTERA — Continued. True snout-beetles — Continued. ConutraclicUis sp. Tyloderiiia haridium. Baris in terstitialis. Bala)iiniis nasiciis. Billbugs (Calandridfe) : Bhodobaenus 13-punctatus. Cicadas (Cicadida?) : Cicada tibiccn. Tree-hoppers ( Menibraeidse ) . Leaf-boppers ( Tettigonida^) . Jumping plant-lice (PsyllidiB). Scale insects (Coccidje) : Eulecanium cerasifex. Eulecanium roMniarum (?). Billbugs — Continued. Sphcnoplioni.'i cariosus. Sphenophorns com pressirostris. Barkbeetles (Scolytidse) : Tomcius imprcssus. HEMIPTERA. Scale insects — Continued. Toumcyella sp. Stink-bugs (Pentatomidfe) : Euschistiis sp. Nrzara hilaris. Lygseidie. Assassin bugs (KeduA'iidae). ORTHOPTERA. Short-horned grasshoppers (Acridii- dae) : '3Ielanopli(s atlanis. Tettix sp. Long-horned grasshoppers ( Locusti- daO. Crickets (Gryllidae). LEPIDOPTERA. Hawk-moths (Sphingidse) Dcilepliihi liiicatd. Sphinx kal»ii(r. Owlet-moths (Noctuidse) : Mamestra picta. Prodenia orniihogaUi. Alabama argillacea. Owlet moths — Continued. Hclioihis obsolcid. Spanworms ( Geometridfe ) Nadata gibbosa. Leaf-rollers (Tortricida?) : C'arpocapsa pomonella. HYMENOPTERA. Kough-headed ants Pogonnmynnex sp. Smooth-headed ants Lasius sp. ( Myi-micid.i&) : (FormicidsE) : Sawflies (Tenthrediuidse). OTHER INSECTS. Dragon fly (Odonata). Maiitispa brunncu (Neuroptera). Two-winged fly (Diptera). Miiyfly ( Ephemerida ) . OTHER INVERTEBRATES. Spiders ( Araneida ) . Centipedes (Chilopoda). Snails and slugs (Gastropoda). Bivalves (Pelecypoda). 28 FOOD HABITS OF THE GROSBEAKS. GRAY GROSBEAK. (Pyrr/tulojia siiiuata. Plate I, Frontispiece.) APPEARANCE, DISTRIBUTION, AND HABITS. This grosbeak, which so far has received no distinctive popular name, may be known as the gray grosbeak or parrot-bill. It is almost the same size as the cardinal, closely resembles that species in song and general demeanor, and has similar nesting habits. Moreover, it frequents the same kind of country and is resident wherever found. In appearance, however, it is quite dissimilar. In strong contrast to the glowing hue of the cardinal, the general color of both sexes of the parrot-bill is light gray. The wings, tail, and long crest are suifused with dark red and the wings are lined with rose. This color also surrounds the beak of the male and ex- tends over throat and breast in an irregular patch. The beak is yellowish and is very curiously modified, being short, thick, strongly curved, and apparently of great jDower. The gra}^ grosbeak occurs over about the lower third of Arizona and New Mexico and the lower half of Texas, not reaching, however, the extreme eastern part of the latter State. There are two sub- species, the Arizona parrot-bill (P. sinuata) and the Texas parrot- bill {P. s. texana). Their range extends south to central Mexico. ECONOMIC RELATIONS. Seventy-four stomachs of gray grosbeaks have been examined. All are from Texas, 59 being collected in August and 15 in Septem- ber. They do not, therefore, give an adequate idea of the food habits of the species, except for that locality and season. Vegetable mat- ter averages 71.10 percent of the contents, and animal matter 28.81 percent. Contrasting the latter amount with 36.54 percent of ani- mal food obtained during a corresponding period by the cardi- nal, which is highly vegetarian, it appears exceedingly low. It is accounted for, however, l)y the extraordinary preference of the parrot -bill for a single item of its vegetable diet, namely, the seeds of grasses. ^'egetable Food. Another remarkable feature of the vegetable diet is the scarcity of fruit. Only a few pokeberries were eat^n, not enough in fact to be allotted a percentage valuation. Cardinals, however, collected in the same locality at the same time consumed almost 12 percent of fruit in August and nearly 30 percent in September. It appears, therefore, that the gray grosbeak is distinguished from its nearest relative by a remarkable indifference for fruit. SEEDS EATEN BY GRAY GROSBEAK. 29 WEEDS. Grass seeds constitute an average of 53.09 percent of the total food of the birds examined, or more than five-sevenths of the vegetable food alone. Most important among them are foxtail {CluHocholoa^ fig. 17) and bur grass (Cenchrns, Plate II, fig. 10), which together amount to 43.59 percent of all the bird's food. Since these grasses are among the most pernicious Aveeds, the parrot-bill is more than welcome to all of their seeds it desires. The seeds of other grasses also are im- portant, furnishing 9.51 percent of the bird's subsistence. Among them are seeds of witch and crab grasses, most species of which are weeds. Yard or wire grass (Eleusine indica) also is eaten. Seeds of a spurge {Croton sp.) contribute 9.81 percent ^^^''i^^^J'^Z,^. to this grosbeak's fare, and other weeds, in- (From Hiiiman, Nevada Ex- cluding bindweed (fig. 21), lambs' quarters, pe"°^«'° tumbleweed (fig. 18), sunflower, carpet weed, nightshade, vervain (fig. 3), mallow, etc., compose 6.13 percent. Thus the gray grosbeak is a great consumer of weed seeds, and it is remarkable that seeds form practically seven-tenths of the food in August and September, when insects are superabundant. The bird's habit of feeding upon weeds is undoubtedly beneficial, especially be- cause it eats so many seeds of foxtail and bur grass, pests with which every farmer in the South has to contend. GRAIN. The only grain found in stomachs of this species is sorghum. Six birds had eaten it in quantity sufficient to make an average of 2.03 percent of the total food. Ignoring even the fact that sorghum is # 9 FIG. 18. — Seeds of rough tumbleweed {AmaranthuH rrtrnffcjus). (From nillman, Nevada Kxpcrlmont; Station.) usually grown for fodder, not for grain, the amount consumed is so small that there need be no fear of damage by this shy and uncom- mon bird. Animal Food. While the parrot-bill consumes a smaller proportion of animal matter than other grosbeaks, it selects about the same things, the principal items being grasshoppers, caterpillars, and beetles. 30 FOOD HABITS OF THE GROSBEAKS. Neither parasitic Hymenoi^tera nor predaceous beetles Avere found in the stomachs examined, a showing much to the bird's credit. Only one useful insect had been eaten, it belonging to the queer neurop- teroid genus Mantis/ya, the members of which are rare. They are predaceous when adult and when young are parasitic in the egg-sacs of spiders. The remainder of the animal food is composed of injurious species, among which are important pests. Beetles constitute 4.G() percent of the food. Aveevils alone being 3,42. Of greatest interest among the latter is the cotton-boll weevil {Anthonomus grandis, fig. 19), the most serious agricultural pest of recent years. While the gray gros- beak does not feed upon it regularly, nevertheless the habit of picking it up when occasion offers is highly commendable. Among other weevils eaten are additional species of curculionids and scarred snout- beetles, including the same silvery-green and golden species {Comp- S1IS auricephalus) eaten by the cardi- nal. Leaf beetles ( Chrysomelidse) probably are next in importance. The parrot-bill is sharp- eyed enough to find a species {Chlamys plicata) of this family that is noted for the perfection of its protective de- vices. This little beetle is curiously sculptured and has furrows in which all the appen- ,dages fold, and, being bronzy in color, its resemblance to the drop- pings of caterpillars is almost perfect. The GJdamys sometimes feeds upon raspberry leaves, but has never been found very injurious. Nevertheless, it is entirely vegetarian, like all the other beetles of the family, species of which, even if not at present positively injuri- ous, are liable to become so at any time. The parrot-bill should re- ceive nothing but praise for its destruction of leaf -beetles. Bronzy wood-borers (Buprestidae) and long-horned beetles (Cerambycidse), both of which are destructive to forest and orchard trees, also were found in stomachs of this species. Beetles, as a whole, are exceeded in amount by caterpillars, the latter constituting 10.32 percent of the diet. One of the species identified, namely, the cotton w^orm {Alaibama argillacea^ fig. 20), has long been known as a great pest throughout the Southern States. Fig. 10. -Cotton-boll weevil (Antlionomiis r/randis). Howard, Bureau of Entomology.) ( From INSECT FOOD OF GRAY GROSBEAK. 31 and in certain years has caused a decrease in the crop of a quarter of a million bales, valued at $25,000,000. Many birds devour great numbers of cotton worms, and this fact alone justifies the oft-repeated statement that " too much can hardly be said in favor of insectivorous birds in cotton fields." The gray grosbeak assumes a proper share in this valuable work, 14 of the 74 individuals examined having con- sumed cotton worms, which formed an average of 39.1 percent of their food. As many as 18 caterpillars were found in a single stomach. Another caterpillar enemy, of the same crop, the cotton cutworm {Pro- denia ornithogaUi^ fig. 9), also is freely devoured. As beetles were less esteemed than cater- pillars by the gray grosbeak, so also are the latter less liked than the Orthoptera. This group contributes 11.52 percent of the total food. Both long and short-horned locusts and their eggs are devoured, 7 or 8 grasshoppers sometimes being secured by a single bird. The only species {Si/rhula (idmirab'dis) identified sometimes feeds on timothy. True bugs, comprising stink-bugs (Pen- tatomidse) and their eggs, cicadas, leaf- hoppers (Jassidw), and lantern flies (Ful- goridse) compose about 1.5 percent of the food. All of these insects are injurious and the bird does a service l)y feeding upon them. One parrot-bill was bold enough to SAvallow a large hornet (Vespa sp.). A few ants also were eaten, and these, together with spiders and snails, complete the list of animals devoured. Although this grosbeak is not conspicuously insectivorous, almost all the insects it eats are injurious. MiNERAi> Matter. While mineral matter was absent from the majority ot the stomachs cxaniined, enough was contained in th(> remainder to make an aver- age of 3.()2 percent for the whole number. Summary. The present incomplete data indicate that for a grosbeak the par- rot bill is decidedly vegetarian. i)referring vegetable food even in months when insects abound. More than 69 percent of its food during August and September consists of weed seeds, the small Fig. 20. — Cotton worm iAla- baiiKi (ir; of America, III, 1S41, p. 210. BUDS AS FOOD OF THE ROSEBREAST. 39 maple, box elder, and elm. Apparently some of these are gi'eatly relished. G. E. Atkinson, of Ontario, says:« Tliey cut off the buds [of beech] close to the twig, eat the soft pip, and drop the shells. On May 11, I * * * saw three rose-breasted grosbealis feeding, * * * occasionally darting out at a passing insect. I managed to secure one iind its stomach was packed with these buds. The practical significance of the rosebreast's budding has been the subject of widely varying opinions. Seventeen statements concern- ing the subject are at hand, which, briefly put, are as follows: One author holds the grosbeak injurious; one thinks it may possibly be so; two perceive very little damage; one considers any detriment in this way fully recompensed by the bird's utility in other directions: ten assert that no harm whatever is done, and two declare that bud- ding is beneficial. It will be of interest to cite in full some of these diverse opinions. E. A. Mearns writes: ^ Soon after its arrival, the rose-breasted grosbeak appears about our houses, and, possibly, does some damage to the fruit crops by eating the blossoms in the orchards ; it is especially fond of those of the cherry, and the rapidity with which it dispatches them is quite marvelous. H. D. Minot says : ' He * * * eats buds, often committing depredations on our fruit trees; and he must be considered as injurious to agriculture. He frequently plucks blossoms, and, dexterously cutting off the iietals, etc., lets them fall, while he retains the ovary which contains the seeds. Commenting upon the latter author's statement, William Brewster observes : '' There are no good reasons for assuming that this injures the trees or even their crops of fruit. On the contrary, both are probably benefited by the process, which is. in effect, a sort of fruit pnniing, seldom if ever more severe than that practiced by the thrifty horticulturists. It will have been noted that the above quotations refer to flowers, which, as previously stated, seem to be eaten much more counnonly than leaf buds. Dr. B. H. Warren found flow^ers of hickory in 11 stomachs, those of beech in 26, maple in 3, and other blossoms in 23 stomachs collected during May in Pennsylvania. Dr. A. K. Fisher has observed rosebreasts feeding on the flowers of elm and walnut, and during the present investigation flowers of oaks were found in 4 stonuichs, the blossoms in two of them being of the post oak {Quercus minor). No appreciable damage ensues from the bird's habit of feeding on the flowers of forest trees, since the fruits of these trees "Trans. Canad. Inst., Ill (1890-91), 1892, p. 40. ''Bright Feathers of North American IJirds of Beautv. F. R. Rathbun. ISSl, pp. 31-32. '^ Land Birds and Game Birds of New England, 2d ed., 1895, p. 241. ^ Loc. clt. 40 FOOD HABITS OF THE GROSBEAKS. ' are of little economic value. Moreover, it is noticeable that the fruit- producing or pistillate flowers are not the ones preferred, but the sterile staminate ones. These are produced in countless millions, and wither and fall away after a short season. All of the plants named above, whose seeds are even occasionally utilized by man, such as the hickories, walnuts, beech, and oaks, have the staminate and pis- tillate flowers separate, while no use is made of the seeds of the maple and elm, which have both sexes present in a single flower. Buds were found in but 2 stomachs, those in one being identified as poplar, and remains of tender young shoots of some woody plant were eaten by another grosbeak. These results indicate a much slighter preference for buds than the bird is usually credited with. But even admitting that the bird relishes buds, it is difficult to conceive how forest and shade trees, numerous as they are. can possibly be injured, since the rosebreast never gathers in large flocks during the budding season. With fruit trees the case is different, for an isolated tree in a home Harden mav receive the attentions of several birds at the same time. But even then the chance of injury is slight, and in the major- ity of cases the tree, as stated above, receives no more than a bene- ficial i)runing. CULTIVATED FRUIT. The rosebreast is said to feed occasionally on cultivated friiiis, but no complaints of serious injury by the bird have been received. Most observers state that they lose but little fruit by grosbeaks, and this is considered only partial payment for services rendered. One cor- respondent, after mentioning the fact that the birds eat the potato beetle, says: Tbey also feed on my bervies. Still I plant enough for all. and put up with the loss for the sake of their good qualities. The rosebreast is reported to attack cherries, currants, and other berries. During the examination of stomachs, however, cultivated fruit was found to have been eaten by only 1 grosbeak. This bird and a companion were collected in a cherry tree in Massachusetts, where they were suspected of pilfering the fruit. One had eaten perhaps a single mouthful of cherry, which constituted 18 percent of its stomach contents, and had eaten also some w^eevils, stink bugs, and a potato beetle, all highly injurious insects. Several other grosbeaks of the present collection were killed because they were thought to be eating fruit, but their stomachs yielded no trace of it. WILD FRUIT. While cultivated fruit is a negligible item of the rosebreasted grosbeak's bill of fare, wild fruit, on the contrary, is the most im- portant single article, constituting 19.3 percent, or almost a fifth of WILD mUTT EATEN BY THE ROSEBREAST. 41 the total food. Man}^ different kinds of fiiiit are eaten, among which elderberries are probably of most importance. Both the com- mon sweet elder {Samhucus canadensis) and the red-berried elder {8. pubens) were identified. Nineteen birds had eaten these fruits, which often composed from 60 to 90 j)ercent of the stomach contents. In the gizzard of 1 grosbeak were found fully 200 seeds, which means that no less than 40 to 50 ben-ies Avere taken at one meal. Blackberries and raspberries rank next in preference, IT birds having eaten them, and they sometimes constitute 80 percent of the food of individual birds. Mulberries also are relished, the rosebreast often being observed feeding on the wild red mulberry {Morus rubra). June berries {Amelanchier canadensis., Plate II, fig. 3) were eaten by 3 of the grosbeaks examined, 80 seeds being discovered in 1 stomach. Eight or more of these rather large fruits must therefore have been taken hy this bird. Among other wild fruits eaten by the birds examined are wild red and black cheiries (Plate II, fig. 1), choke cherry, rough- leaved dogwood (Plate II, fig. 6), winter- green, checkerberry, red haw^, strawberry, supple-jack, and pokeberry (Plate II, fig. 4). In additicm to these, authors and correspondents add flowering dogw^ood (Plate II, fig. 5), juniper, and sour gum. WEEDS. Fig. 21. — Seeds of black bind- weed (Polugonuiii convolru- hcs). (From Hillman, Ne- vada Experiment Station.) Although this grosbeak is not particu- larly fond of the seeds of weeds, it takes part in the warfare which birds wage against these misplaced plants, and attacks .some very troublesome species. Fifteen and three- fourths percent of the bird's food is com- posed of weed seed, and a greater proportion is consumed in August and September than in other months. The seeds of smartweed and bindw^eed (fig. 21), species unfavorably known both in country and town, w^ere selected by the greater number of rosebreasts. Those of tumbleweed or amaranth (fig. 18) are next in favor, and when eaten at all almost invariably compose the major part of the stomach contents. These weeds are obnoxious almost everywhere, and their bad qualities are universally acknowledged. Seeds of foxtail (figs. 17 and 37), highly valued in the dietary of many birds, were fed upon by but 2 rose-breasted grosbeaks, and other grass seeds — a small wild oat in 2 cases — were eaten by 4 of the birds examined. Nightshade and sedge seeds were each selected by the same number of birds. The akenes of both common (fig. G) and giant ragweed were sampled, aiul 42 POOD HABITS OF THE GROSBEAKS. the seeds of vervain (fig. 15) and dock are • occasionally devoured. Milkweed and sunflower are added to this list by other writers. MISCELLANEOUS VEGETABLE FOOD. The rosebreast feeds upon some vegetable matter which does not fall into any of the previously discussed categories. Seeds of the touch-me-not and blood-root, plants widely known for their flowers, are examples. Each was eaten by 1 individual, and 1 fed upon red- bud seeds also, which constituted 80 per cent of its stomach contents. The spiny, globe-like fruits of the sweet gum {Liquidamhar styra- cifua)* are bitten into occasionally, but the remains found in the stomach so resemble another but imknown substance tliat it was pos- sible to identify them certainly in only one instance, and then by means of the very characteristic fertile seeds. The pendent sycamore balls are sometimes rifled of their seed, as also are the aments of alder and birch. Among the objects most puzzling to classify economically are the curious excrescences of plants, known as galls. These, as is well known, are nurseries for insects, wnthin which the larvse develop. They are eaten by many birds, extensively by some, and in an instance cited by Dr. A, D, Hopkins," turkeys, chickens, and even hogs and cattle fattened on an abundant gall of the black oak, known in Mis- souri and Arkansas as " oak wheat " or " wheat mast." An analysis accompanies this note which leaves no doubt that the nourishing elements of galls are of vegetable, not animal, origin. Although this may not be true of all galls, such as certain thin-walled kinds made by plant lice in which at the propej: stage the bulk of the imprisoned insects exceeds that of the shell, yet generally, no doubt, it is safe to classify galls as vegetable food. This has been done in the case of those eaten by grosbeaks. Nine rosebreasts had eaten galls, but in only one instance did they compose as much as half the food. The galls eaten appeared to be similar to the spherical species common on oaks. Animal Food. Animal food, consisting almost exclusively of insects, composes 52 percent of the food of the rose-breasted grosbeak. Nearly 36 per- cent is beetles, 3,82 percent caterpillars, 6,43 percent Hymenoptera, and 2,38 percent scale insects, the remainder (about 3.33 percent) being made up from several other groups of invertebrates. While the rosebreast feeds upon a large number of formidable insect pests, it devours some beneficial species also. The latter are accorded prior consideration. "Proc. Ent. Soc. Wash.. V. 190.3, pp. 151-152, USEFUL INSECTS EATEN BY THE KOSEBREAST. 43 As just noted, almost 6.5 percent of the total food is Hymenoptera, and as this group contains some of the most useful of all insects, it must be ascertained how many, if any, of these forms fall a prey to the bird. The beneficial Hymenoptera are the small parasitic species, the eggs of which are deposited in the bodies of caterpillars and in the eggs of many insects, to develop there and later destroy their hosts, and the larger wasps, which store up caterpillars and other creatures as food for their young. Very few parasitic species were found in the stomachs, the larger Hymenoptera apparently being preferred. In many cases a single wasp composed from 40 to 90 percent of the stomach contents of individual grosbeaks. It is pos- sible that among these are some of the highly beneficial solitary wasps, but the probabilities are that most of them belong to the more abundant, gregarious species, which although often beneficial would lose little by the destruction of few of their number. Fifty-four of the 176 grosbeaks examined were found to have eaten Hymenoptera of some sort, which shows that the bird has a decided liking for these insects; but, as just mentioned, few bene- ficial species are eaten, while a number of injurious ones are devoured. One grosbeak secured a cuckoo fly {Chrysis sp.), Avhich is a parasite of the useful solitary wasps. Three fed upon sawfly larvu>, Avhich have habits like caterpillars, and are injurious to roses, currants, pear, willow, and other plants. One bird when collected had 10 sawfly larva^ in its beak, which it was probably gathering for its young; while in the stomach of another grosbeak were 24 of these larvse, which constituted 60 percent of the contents. The few ants taken are injurious, especially those of the genus Camponotus^ which sometimes devour the wood of living trees, hollowing them out to mere shells. Two rosebreasts ate little mining bees (Andrena) , one consuming 26 of these and nothing else. They have no special economic significance except as carriers of pollen. Passing now to beetles, this grosbeak was found to prey upon members of three useful families, the ground-beetles (Carabidse), ladybirds (Coccinellida^), and fireflies (Lampyridsp). Seven birds ate predaceous ground -beetles, but since they compose only a little more than 0.5 percent of the food from May to September, little harm is done. One of the 7 grosbeaks captured a large shining black ground-beetle {Pa.simach'us depressus)^ which is about an inch in length and is one of the most powerful insects of the family. Three birds ate coccinellid l)eetles, one securing a twice-stabbed ladybird {(Jhilocorv.s hivulnei'iis)^ a noted eneuiy of scale insects. If many such beetles were eaten, damage wouUl be done, but as they compose less than 0.2 percent of the total food, it is evident that only occasionally one is snapped up. Moreover, the grosbeak compensates 44 FOOD HABITS OF THE GROSBEAKS. for any injury done in this way by feeding upon tiie prey of these beetles — the scale insects. Fireflies, which are predaceous both in the larval and adult stage, are constantly fed upon by grosbeaks. These insects are supposed to be excellent examples of protected species, having the power of secret- ing nauseous juices, while the '' fire " is supposed to act as a Avarning signal and certify the bearer's identity to its enemies. It is said that some birds refuse them. However, since 28 rose-breasted grosbeaks fed upon them and 6 to 12 of the beetles were found in single stom- achs, they must be relished by this species at least. Fireflies prey upon many important agricultural pests; hence the destruction of any considerable number of them is a loss; and while but 2.71 per- cent of the grosbeak's food consists of these useful beetles, the bird is chargeable with a distinctively injurious habit. Thus far only a fourth of the rosebreast's animal food has been discussed. Less than half this amount, or only about a tenth of the total animal matter, is made up of beneficial insects whose destruc- tion is a loss to man. The remaining nine-tenths con- sists in part of insects of neutral import, but mostly of positively injurious species. Included in the latter categoi-y are the bronzy wood- borers (Buprestidffi), among the most serious pests to fruit and forest trees. The h\i-vti\ known as flat- headed borers, do the mischief, often killing trees by Fig. 22. — Pine <^.oii^pietelv o-irdlinff them iust under the outer bark. buprestid t/o o j ( chaicophoni The adults are incased in a glittering coat of hardest virginiensis). j^^ail, and although they expose themselves on flowers (Marx del. Bii- o v" j. i-eau of Knto- and Icavcs or on the limbs of trees, they are not fed moiogy. upon to a marked degree by most birds. The rose- breasted grosbeak, however, seems to relish them, 3.02 percent of its food being composed of these well-protected beetles. The larger spe- cies are sometimes captured, one grosbeak having obtained the bulky buprestid Chalcophora rirginiensis (fig. 22). which is very destruc- tive to pines. This species is an inch in length and as firm and hard as a nut. Smaller species of another genus {Dicerca, including D. obscura), which feed on hickory and other deciduous trees, also are devoured. Many others not identified were eaten by the 26 grosbeaks Avhich secured buprestids, and the rosebreast must be characterized as one of the important enemies of these beetles. Eesembling the buprestids in compact build and equaling them in evil qualities are the click-beetles (Elaterida?), the larvoe of which are commonly known as wireworms. Their attacks on meadow- grass, grains, and strawberries are of annual occurrence, and result in much damage. Twenty-three grosbeaks, or about one-seventh of INJURIOUS INSECTS EATEN BY THE ROSEBREAST. 45 the number examined, devoured click-beetles, thus benefiting the farmer considerably. Not so many of the birds fed upon long-horned borers, but the re- sulting benefits are less valuable only in degree, as the beetles of this family are often disastrous pests. They are frequently large and strikingly colored, and one of the handsomest, as well as the most injurious kinds, the painted hickory borer {Gyllene pictus) is eaten by the rosebreast. This insect is known as the commonest and most destructive pest of the hickory. Another borer also {Phymatodes varius), which lives in dead wood, and which is sometimes injurious to the tanbark industry in the South, is devoured. The rosebreast shows particular fondness for large beetles, a taste readily gratified among the lamellicom or scarabseid beetles. Among these larger species, beetles of the genus Diehelonycha, Avhich feed upon flowers and sometimes are destructive to cultivated plants, were eaten by 9 rosebreasts. Six ate cetoniids (Euphoria fulgida. et al.), which are es- pecially adapted for feeding on flowers, and which also at times turn their atten- tion to fruit and the tassels, silk, and young grains of corn. The beautiful and bulky goldsmith beetle, about three- fourths of an inch long, is captured oc- casionally, and for this service the bird is to be commended, as sometimes the larva? are very destructive to strawber- . , . , " , 1 p • Fig. 23. — Seed corn scarabseid ries. A white grub or larva of a june- (Aphodius granarius). (From bug was the plump morsel obtained by Forbes, Illinois Experiment another grosbeak. The ravages of this beetle in hiAvns and strawberry plots are well known. The bird feeds also upon another good-sized scarabaeid {Anomcda hinotata), which injures grapes and other plants. Among the smaller members of this family the dung beetles, which occur in large numbers, flying near the ground along country roads, are frequently captured by this grosbeak. Most of them are of neutral economic position, but one species {Aphodius granarius^ fig. 23), burrows into sprouting corn. Having this bad habit, the farmer is indebted to the grosbeak for preying upon it. Passing to a group of beetles, the weevils, which are an important element of the food of most birds, and Avhich are so uniformly in- jurious that almost any one of them may be deemed a pest, it is grati- fying to note that the rosebreast does its share toward checking them. Moreover, among the kinds it eats is one of the very worst enemies of cultivated fruit in the United States, namely, the j)lum curculio {Conotrachelus nenuphar^ fig. 24), One grosbeak devoured 46 FOOD HABITS OF THE GROSBEAKS. three of these destructive weevils, which may be taken as indicating that an opportunity to feed on them is not overlooked. In this con- nection it is of interest to recall the other birds that are known to prey upon this pest. They are 8 in number : Great-crested flycatcher, Baltimore and orchard orioles, yellow-throated vireo, bank swallow, veery, hermit thrush, and bluebird. The grosbeak does not confine itself to the j)lum curculio, but evinces a taste for related species, two of which were identified. These infest the hackberry and hick- ory, respectively. A fourth kind was present in the stomachs, but could not be assigned a specific name. The curculios destroy a large proportion of the fruit of the trees they attack, and are capable of doing vast dalnage ; hence the services of the birds that devour them are of great value. Eelated to the curculios are the nut weevils {Balaninus), which attack their favorite plants in much the same way, and often ruin the crop of nut-bearing /^^ ' ^ * trees. Six grosbeaks ate from 1 to 3 each of these Aveevils, one bird captur- ing 2 acorn weevils {B. inis'iciis). Another cur- culionid {Hylohius pales) ^ which feeds both in living pine trees and pine logs, is included in the grosbeak's diet, and a weevil {Ampeloglypter sesostris), which infests the Virginia creeper, was highly relished by an Illinois rosebreast, 11 being eaten, which constituted 74 percent of the stomach contents. Others in the same group are consumed, as many as 4 or 5 being eaten by individuals of the more than 20 birds which fed upon them. A second family of weevils, the scarred snout-beetles, also con- tributes to the fare of this grosbeak, and four of them composed 87 percent of the food of one bird ; while another rosebreast, one of four which fed upon clover weevils {/Sitones), captured 13. Billbugs (Calandridw) are represented in the bird's diet by the conspicuously red and black colored snout-beetle {Rhodohaemis 13-punctatus) , com- mon on thoroughwort {Evpatorium). A weevil of yet another branch of the suborder is sometimes devoured, namely, the peculiar brenthid {Eupsalis minuta), a very slender weevil which bores into living oak. Altogether weevils constitute 3.G4 per cent of the rosebreast's food, in which amount are included several great pests; hence the bird's weevil-eating propensities result in much benefit to man. Fig. 24. — Plum curculio {Conotrachelwi nenuphar) (Prom Chittenden, Bureau of Entomology.) EOSEBREAST VS. POTATO BEETLE. 47 There remains for consideration the family of beetles which con- tributes most largely to the grosbeak's subsistence, namely, the leaf- beetles (Chrysomelida^). This family, as an item of food of the rosebreast, is not only most important among beetles, but is only second among both animal and vegetable items. In it are included a number of pests preyed upon by the bird, such as the striped and spotted cucumber beetles, 'the strawberry rootworm, the plum leaf- beetle, the locust leaf-miner, and in addition that pest which figures so largely in any discussion of the economic value of the rose-breasted grosbeak, the notorious Colorado potato beetle (fig. 25). The original home of this insect was in Mexico and the Rocky Mountains, where it fed upon the sand-bur {Solanum rostrati/m), a plant closely related to the potato. Finding a new and abundant supply of food in the cultivated potato, the beetle immediately began to multiply and to migrate eastAvard, spreading from 1830 to 1874 over the northern half of the eastern United States. As it encount- ered practically no enemies in its new home it became so abundant and inflicted so great damage that successful cultivation of potatoes seemed no longer possible. However, just as the beetle found a new food, so it in turn be- came new food to a numl)er of mammals, birds, and insects, and presenth^ the farmers fiq. 2 learned to destroy it in large numbers with poisons. Hence it is no longer greatly dreaded, though in most sectiojis constant vigilance must be exercised to prevent it from ruining the crop. Naturally during the period when the beetle was doing most dam- age everyone was on the lookout for means of checking its increase, and the discovery of each new natural enemy was heralded far and wide. Attracting most notice among these was the rose-breasted gros- beak, and many articles Avere written calling attention to the newly discovered trait of this beautiful bird. It should be noted also that several other birds, including the bobwhite, prairie chicken, sharp- tailed and ruffed grouse, red-tailed hawk, nighthawk, cuckoo, crow, Englisli sjjarrow, cardinal, scarlet tanager, wood, hermit, and olive- backed thrushes, and robin, eat potato beetles occasionally. The grosbeak's habit of feeding on the potato beetle was noted almost sinudtaneously in many localities, and references are at hand for the States of Missouri, Iowa, Minnesota, AVisconsin, Illinois, Michigan, and Ohio. The rosebreast actually exterminated the po- 18848— Bull. 32—08 — a o o. — I'otato beetle (Lcptinotarsa decemlineata) . (From Chitteticlen. Bureau of Entomology.) 48 FOOD HABITS OF THE GEOSBEAKS. tato beetle in many patches it patrolled. Mr. W. F. Bundy,« who was among the earliest to write upon the subject, says : I noticed last summer that great numbers of the Colorado potato beetles were destroyed by the rosebreasted grosbeak. * * * They were so abundant in this region [Jefferson, Wis.] * * * as to hold in check the vast army of these ravagers of the potato crop. The beetles are attacked as soon as they emerge from their winter quarters, according to Mr. J. S. Cook,^ of northern Illinois, who says : I have seen them so gorge themselves with these beetles that they were scarcely able to tly. I have investigated in the spring, when the beetles first came out of the ground, and was unable to find a single one after following these birds. Further testimony to the value of the bird is given by Prof. F. E. L. Beal," who watched the grosbeaks and their young' feeding upon the potato bugs in his garden at Ames, Iowa : When a careful inspection was made a few days later not a beetle, old or young, could be found ; the birds had swept them from the field and saved the potatoes. Comparison of the dates of the first appearance of the Colorado beetle with the earliest records when the rose-breasted grosbeak fed upon it shows that from six to ten years passed before the bird com- monly began to prey upon the insect. Even after the lapse of so much time it was one of the first enemies of the beetle noted and by far the most important among birds. The results of stomach examinations fully corroborate the testi- mony of field observers as to the extent to which the rosebreast feeds upon this beetle. Forty-three, or almost one-fourth of the birds examined, fed upon the potato beetle to such an extent that the in- sect makes up 9.05 percent of the subsistence of the entire number and nearly 35 percent of tliat of the individuals eating it. The significance of these figures will be better appreciated when it is considered that the potato beetle probably was not obtainable by many of the grosbeaks, and furthermore, that it is very unusual for birds to prey so extensively upon a single kind of insect, or even on the species collectively of a whole group. Such concentration of attack of a common bird upon a single species of insect, however numerous, can not but have a restraining influence on its numbers. The beetle is fed upon from May to September and both larvae and adults are devoured, 10 to 14 being found in single stomachs. By feeding upon the larvae the rosebreast directly benefits the potato plants, and by destroying adults the increase of the species is checked. " Am. Nat., IX, 1875, p. 375.. » Trans. 111. Hort. Soc, 37 (1903), 1904, pp. 331-332, ^ U. S. Dept. Agr., Farmers' Bui. 54, 1904, p. 35. LEAF-BEETLES EATEN BY THE ROSEBREAST. 49 Although the potato beetle is the worst pest in the Chrysoiiielidge, ■'this family contains other serious enemies of crops. The rosebreast feeds upon several of them, thereby further commending itself to our esteem. Both the small striped and the spotted cucumber beetles (fig. 26) , Avhich are abundant and injurious over much of the United States, are consumed. The importance of the bird's inroads upon one of these little black and yellow species, which in the larval stage is the destructive corn root-worm, is emphasized by the fact that no direct method of combating the insect has yet been devised. Twelve gros- beaks fed upon these beetles, as many as 7 being found in a single stomach. P'urther evidence of the bird's strong preference for them is furnished by Mr. Ridgway, who observed a number of rosebreasts feeding exclusively on spotted cucumber beetles in a locality where the latter were very abundant. Ten of the gros- beaks examined had eaten another kind of leaf-beetle {Melasoma lappon- ica), Avhich feeds on willoAvs and pop- lars, sometimes working havoc by defoliating trees, especially in wind- breaks. Tliese beetles appear to be nuich relished, as from 10 to 27 were taken by individual rosebreasts, of whose food they composed from ()0 to almost 100 percent. Two or three other species of Chry- somelida% injurious to willows, to grapes, and to garden crops, are devoured. Nine birds ate beetles of one of these species {Callh/nipJui hJr/.sbyana), which in individual cases constituted 70 per cent of the stomach contents. The rosebreast devours also two Hispid leaf- beetles, one of which causes considerable injury. This is the locust leaf-miner {Odontota dorsalis), which sometimes devastates whole grou]:)s of trees, leaving them as if scorched by fire. Eight grosbeaks had eaten leaf-miners, and in one case 8 were consumed by a single bird. The long list of beetles of this family that are i)reyed ujxm by the rosebreast is completed by the strawberry root- worm {Typophorufi Fig. 2G. — Spotted (•ucumlior-bcotle (Diiihrotica 12-punctiitii) . (From Kiloy and ("hittenden, Bureau of Entomology.) 50 FOOD HABITS OF THE GROSBEAKS. caneUus), which at times is very destructive, the phiiii leaf-beetle (Nodonota tristis), which causes dropping of cotton bolls, a species {Grihurius equestris) which feeds on wild roses, and another Avild- floAver beetle {Cryptocephalus quadrimacidatus) . With the Chrysomelida> is concluded also the list of principal Coleopterous families. The grosbeak eats few others. One rose- breast devoured 5 of the decidedly malodorous burying beetles {Silpha noveloracerifiis). which feed on carrion, while another cap- tured one hard, polished Ehter^ an insect of similar habits. Sixteen of the little orange and black Ipn fasciatns were secured by one of the three birds which fed upon this occasional depredator of stored vegetables and grain. It thus appears that a large number of the beetle enemies of agri- culture are preyed upon by the rose-breasted grosbeak. An almost equal array of serious pests is secured from the ranks of another order, which is eaten to only one-ninth the extent that beetles are, namely, the moth and butterfly order or Lepidoptera. This group may be discussed conveniently under the heads " larva? " and " adults.'' The latter do not seem to be eaten to any great extent by birds, and only 2 rosebreasts fed upon them. Four moths were secured, but they composed less than 0.2 percent of the total^food. The larvse or caterpillars, however, are more generally relished by birds and often are eaten in large numbers. Twenty-two out of the 176 rosebreasts had eaten caterpillars, some of them securing from G to 14 each, which usually constituted from 50 to 85 percent of the stomach contents. They make up 3.82 percent of the entire food of all the rosebreasts examined. It is well known that at times the depredations of lepidopterous insects, such as canker worms, tent caterpillars, gipsy moths, and many others, are very serious, threatening ruin to orchards and even large forests, and thus becoming of State, if not National, importance. The difficulties encountered in combating such pests render the aid of natural enemies most valuable. It should be widely known that the rose-breasted grosbeak is conspicuous among the enemies of these insects, and also that it feeds upon no fewer than eight of the very worst lepidopterous pests. Among the more widely known of these are the canker worms, which are very destructive to both orchards and woodlands. They often strip orchards so that they appear as if fire swept, and when their attacks are continued for a few years the trees die. The rose- breasted grosbeak devours both the spring canker worm {Paleacrita vernata, fig. 35) and the fall canker worm (Alsophila jmmetaria, fig. 27). Two birds collected in Illinois in May had fed upon the former caterpillar, while O. W. Knight testifies, that in Pleasant Valley, Me., the birds actively attack the other. ROSEBREAST VS. HAIRY CATERPILLARS. 51 Fig. 27. — FffU cankerworm {Alsophila pometarifi). (From Riley, Bureau of Entomology.) The dreaded army Avorni {Heliophila Kuipiivcta^ fig. 28), which sometimes appears in myriads and devastate fields of grain and grass, also is the prey of this beautiful grosbeak. A bird from Illinois in July had captured G of these destructive caterpillars. The tent-caterpillars are another group of noxious lepidopterous insects, which are common in many parts of the United States. They greatly damage orchards, as well as shade and w^oodland trees. E. H. Forbush " is authority for the state- ment that the rose-breasted gros- beak preys upon the orchard tent- caterpillar {Malacosoma rnnericana^ fig. 29), and Prof. C. M. Weed '^ reports that the bird devours moths, larvae, and pupae of the forest tent-caterpillar (J/, disstria). Two other insects of this order, which are usually thought of together and which indeed are closely related, are the gipsy moth (fig. 30) and the brown-tailed moth (fig. 31). Mere mention of their names calls to mind the enormous damage done by them in the State of Massachusetts, and of the costly efforts being made to stamp out these disastrous invaders from across the sea. Birds have proved of serv- ice as allies in this struggle, and the present species is by no means least in importance among them. In the original report ^ on the gipsy moth, as well as in later publications,'^ the rosebreast is listed among the species de- vouring the larvse, Avhile in regard to the brown-tail moth Messrs. Mosher and Kirkland report '' that '"' a rose-breasted grosbeak ate .57 caterpillars in twenty minutes." Fig. 28.— Army worm \ . •' . . (Heiiophihi iinipuncta,. 1 his species cats hairv and spmy caterpillars (From riiittpnden, i?u- .^^ readily as smooth ones, and the idea so often reau of Fntoraology.) " i i • • rt> ■ advanced that such hairy armature is enective protection against the attack of birds receives little support from the food habits of the grosbeaks. Tussock and gipsy moths and both of the tent caterpillars are devoured, though very hairy. The "Mass. State Rd. A^v. Rep. (1!>00), 1001, p. :iL5. &N. II. Exp. Sta. Rnll. 7."), 1!)U(). p. 121. "Forbush, K. IL, and Fcnuild. (\ IL. The (li])sy Moth, isiMI. p. liP.l. '^Forbush, E. II.. Mass. Slnlc I'.d. Ayr. Hep. (11)00). T.»(t1. p. :\M\. « Forbush, E. II„ Mass. State Rd. Agr. Rei»., ISJK), p. :VJ2. 52 FOOD HABITS OF THE GROSBEAKS. browiitail, the hairs of which so irritate human flesh, also is eagerly- eaten, and other caterpillars clothed with spines were found in the stomachs examined. In several gizzards, indeed, a mass of branching- caterpillar spines was all that remained to show the nature of the Fig. 29. — Orchard tont-caterpillai (MalacoHiiiiiii (imcricano). Entomology. ) (From Itiley, lUireaii of food. It is evident that neither hairs nor even pricking, stinging •opines are adequate to protect a caterpillar from a hungry grosbeak. Besides Hymenoptera, Coleoptera, and Lepidoptera, which have been discussed in the order named, but one group of insects of impor- tance in the dietary of the rosebreast remains, that of true bugs ( Hemiptera ) , includ- ing the stink bugs, tree hoppers, plant lice, and scale insects. From this miscellaneous as- semblage the grosbeak Fig. 30. — Gipsy moth caterpillar (I'ortlictria (lisi)ar). selects 3.89 per Cent of (From Bureau of Entomology,) .. <» i i , its food, and two- thirds of this amount consists of the minute pests known as scale insects. From an economic standpoint also the latter are of great- est importance, as they ranlc among the Avorst enemies of agriculture in the United States. Orchards, both of the deciduous and citrus EOSEBREAST VS. SCALE INSECTS. 53 fruits, are most seriously affected, while shade and forest trees also suffer greatly. Thirty-three of the rosebreasts examined had eaten scale insects, four kinds of which were identified. The plum scale {Eulecanium mrasifex), which is an occasional pest on cherry, apple, and pear, besides the tree from which it is named, seems to be relished. A female grosbeak collected in Indiana in May had consumed 36 plum scales, which constituted 95 percent of its food. Of two birds from Illinois, one ate 45 and the other more than 100 scales of this species, which composed 95 and 100 percent, respectively, of their stomach contents. Two nearly related species, the hickory scale {E. caryce) and the tulip scale {E. tuliinfercf) , which latter sometimes seriously Fro. r.rown-tail motli (Euproctis rhri/surrlKieo). (From Howard. Biircitii of Ento- mology. ) injures shade trees, also are devoured. Eleven grosbeaks ate uni- dentified species of the same genus of scale insects; two preyed upon the oak scale {Kermes)^ while the stomachs of 15 birds contained scale remains which defied determination. The fact that birds exert a restrictive influence upon scales has re- mained almost unknown, these small insects being considered well protected from feathered enemties by their minute size and waxy secretions. Hence little attention has been paid to the subject, and the accounts of a few writers who announced the true relations of birds to scales were overlooked or ignored. Kocent investigations have shown that many of our birds eat scalas. The rose-breasted gros- beak is prominent among them, both because it eats a niaxiiuum nuni- 54 FOOD HABITS OF THE GROSBEAKS. ber of si^ecies and because at times it makes scales a considerable part of its fare. These little pests can not have too many enemies for the good of mankind, and every bird that preys upon them should be wel- comed and protected. The rosebreast sometimes feeds upon plant lice (Aphididfe), espe- cially those that live on birch; and a number of these fragile insects were found in a single stomach. Among other bugs, the odd little buffalo tree-hopper {Ceresa huhalus, fig. 32), and a few of the flower- bug and squash-bug families were found. Eight grosbeaks ate mem- bers of the stink-bug family. In feeding upon these insects the rose- breast gives further evidence of its indifference to flavors and odors which to us are repulsive and nauseating in the extreme. Two of the birds examined had devoured specimens of the banded soldier bug Fig. 32. — Buffalo tree-hopper (Ceresn hutahts). (From Marlatt. Bureau of Entomology.) {Milyas cinctus), which prej^s upon many insects, including the po- tato beetle, and of another assassin bug {Sinea diadema), which preys upon cankerworms and other caterpillars, besides flies and bees, including the honey bee. AVere the habit of devouring such bugs general, injury would result, but fortunately it is not. According to B. F. Gault, the rosebreast feeds upon the chinch bug, which at times has proved the worst crop pest in the country. A remarkable feature of the rosebreast's dietary is the few grass- hoppers eaten. TJiese nutritious insects, which are welcomed by almost all birds, compose only 0.2 percent of the food of the whole number of grosbeaks examined. Results from the present collection of stomachs may not represent a fair average, but as proportionate numbers of the individuals examined were secured in the grass- FOOD OF NESTLING ROSEBREASTS. 55 hopper season the data indicates at least a well-defined tendency of the bird to neglect them. That it does not actually dislike grasshop- j)ers there is sufficient proof, for John Bachman Avrote to Audubon « that a caged specimen " ate grasshoppers and crickets with peculiai' relish,'' and Samuel Augliey ^ examined two specimens collected dur- ing one of the historic invasions of the Rocky Mountain locust, each of which " had about a dozen of locusts in its stomach." ConiiDaratively little weight, however, attaches to these instances, since the conditions were unusual. It is w^orthy of note that the closely related blackheaded grosbeak similarly neglects grasshoppers. Four rosebreasts fed upon this class of insects, 2 securing the pe- culiar shield-back grasshoppers, in one case to the number of G, which composed 85 percent of the stomach contents, while the other 2 birds had eaten an ordinary grasshopper and an orthopterous in- sect not identified. The small quantity of animal matter not yet detailed comprises spiders and their egg-sacs, which were eaten by 3 grosbeaks, and insect eggs and a fly by 1 each. Only 1 bird of this species had eaten a snail, which indicates that the rosebreast cares less for this kind of food than does the cardinal. Mineral Matter. Mineral matter, estimated in relation to the entire stomach con- tents, averaged G.3 percent. Besides the ordinary sand and fine travel, fraofments of fossil corals and crinoids had been utilized for grinding material. Nestlings. Of the total number of birds only 4 were young still being fed by their parents, but, as usual among species whose diet is mixed, the proportion of animal food to vegetable is much greater in the case of fledglings than of adults. These 4 young rosebreasts consumed 78 per cent of animal and 22 per cent of vegetable matter. The 2 that were out of the nest were more highly vegetarian, one having eaten 85 per cent of plant substances. The latter were a berry of rough-leaved dogwood, some blackberries, of which 45 pits were pres- ent, and a few other seeds. Of the animal food consumed by the 4 young birds, caterpillars compose 20 percent, among them being (he larvae of sphinx moths, most of wdiich are injurious to agricul- ture. Almost 25 percent is comjwsed of beetles of various families, including bronzy wood-borers, click-beetles, and leaf-beetles. Rei)re- senting the last family are the species Mel((xo)na lapponica^ which injures willow and cottonwoo. II. p. .'VJ, 56 FOOD HABITS OF THE GROSBEAKS. Colorado potato beetle. Two stomachs of nestlings contained this lat- ter nauseous insect, larvae being found in one, adults in another. Wasjjs composed almost half of the food of one fledgling, and a weevil and some small cocoons constituted the remaining animal matter. Passing from these results of actual stomach examination to the experiences of observers, it should be noted that the rosebreast's habit of feeding its nestlings the larvae of the potato beetle is fre- quently recorded. This fact is one of the best evidences of the importance of this beetle in the grosbeak's regimen. Prof. F. E. L. Beal " speaks of '" a small potato field, w hich earlier in the season was so badly infested * * * that the vines were completely rid- dled. The grosbeaks visited the field every day, and finally brought their fledged young. . The young birds stood in a row on the topmost rail of the fence and were fed with the beetles which their parents gathered." Prof. E. F. Hitchings, State entomologist of Maine, gives the following interesting note: Several years ago I observed a pair nesting in a clump of trees in * * * Waterville. A piece of potatoes was planted near by, and I watched the parent birds as they fed their young on the larvie of the Colorado potato beetle. 1 examined the bills of the young and found them stained and even dripping with the juice of the insects. It took a great many young larvie to satisfy theiu. (May 19, 190(J.) Wlien we reflect that every year there are thousands of grosbeak families throughout the breeding range of the species doing exactly the same thing, it can not be doubted that' they exert a marked effect on the numbers of the potato beetle. The voracity of nestlings is proverbial, and their lusty appetites greatly enhance their value as destroyers of injurious insects. The number of insects eaten daily by nestlings has been recorded in the case of but few birds; hence we are fortunate in having E. H. For- bush's account of ^ study of the nestlings of the rosebreast : On June 12, 1899, Mr. Mosher watched the nest of a pair of rose-breasted gros- beaks from early morning to 5 p. m. * * * For the first half hour the old birds were so excited by his presence that the feeding of the young birds was interrupted, so that no notes were taken until 6 a. m., and none were taken after 5 p. m. The old birds visited the nest — Times. Between 6 and 7 52 Between 7 and 8 47 Between 8 and 9 43 Between 9 and 10 30 Between 10 and 11 36 Between 11 and 12 27 Times. Between 12 and 1 32 Between 1 and 2 38 Between 2 and 3 41 Between 3 and 4 22 Between 4 and 5 58 making altogether 426 visits during the portion of the day that they were watched. The food was mainly caterpillars of one kind or another, and there a Farmers' Bull. .54. 1904, p. 35. SUMMARY OF ROSEBREASt's FOOD HABITS. 57 were only four visits made by u parent bird wlien l)ut one iusec-t was fed to the young ; they usually brought three or more. A bird often carries in this way from three to eleven or twelve small caterpillars in its mouth and beak at one time. Owing to the height of the nest above the ground, it was impossible to determine accurately the species of caterpillars brought to the young. A con- siderable portion of them were certainly leaf-rollers from the oak trees. It seems probable, then, that these two birds must have fed their young on that day at least 1,000 insects, mostly caterpillars. This certainly is a very moderate estimate of the number of insects destroyed in one day by the family when we take into consideration the food required by the old birds." Although in this particular instance the precise nature of the food was not ascertained, there is much evidence to show that the same pests are fed to the young wiich are eaten by adults. Summary. Examinations of ITG sto nachs of rose-breasted grosbeaks show that the food is composed x .animal and vegetable matter in almost equal parts, the exact proportions being 52 and 48 percent, respec- tively. Of the portion of the diet gleaned from the plant kingdom, 5.09 percent is grain, 1.37 garden peas, and 19.3 wild fruit. A third of the grain eaten may possibly be pillaged from standing crops, but this is the only stage when injury by birds is not easily pre- vented. Even if the total amount of grain consumed is pilfered from cultivated fields, it does not warrant hostile acts against a bird otherwise so beneficial. Wild fruit is greatly relished, but cultivated fruit is not damaged, and although budding is practiced to a certain degree practically no harm results. The rosebreast preys to some extent upon sucli beneficial insects as parasitic Hymenoptera, ground beetles, ladybirds, and fireflies. Only a tenth of the animal food is of this character, however, while among the remaining nine-tenths, which consists almost exclusively of injurious insects, is included a large number of formidable pests. Among these are the cucumber beetles, the hickory borer, plum cur- culio, Colorado potato beetle, Rocky Mountain locust, sjDring and fall cankerworms, orchard and forest tent-caterpillars, tussock moth, army worm, gipsy and brown-tailed moths, and the chinch bug. The bird is known as an active enemy of the canl^erworm and the army worm during their extraordinary infestations, and was among the birds which preyed upon the Rocky ^Mountain locust and the gipsy moth at the height of their destructiveness. Few birds have so good record both as to the large number of important pests attacked and the sliglit amount of damage done. " Forty-seventh Annual Report Mass. State Board of Agriculture (1S!)9) lt)01, p. 325. 58 FOOD HABITS OF THE GROSBEAKS. LIST OF SEEDS, FRUITS, OTHER VEGETABLE Sl'BSTANCES, AND INVERTE- BRATES EATEN BY THE ROSE-BREASTED GROSBEAK, CULTIVATED PLANTS. Corn (Zca mays). Oats (Are/io sativa). Wheat (Triticuni vulgare). Cherry (I'runmi cerasus). Peas {Pisum sativum). WILD FRUITS, Mulberry (J/or«.s- rubra). Pokeberry {Phytolacca decandra). Sweet gum ( Liquidamhar styraciflua ) . Blackberry {Ruhus sp.). StrawbeiTy (Fragaria sp.). Juneberry (Amelaiichicr canadensis). Red haw {Crataegus sp.). ^ ild red cherry {Prunus pennsyl- vanica ) . Choke cherry {Prunus virginiana). Wild. black cherry {Prunus serotina). Redbud {Vcrcis canadensis). Supple-jack {Berchemia scandens). Iiough-leaved cornel {Cornns asperi- folia). Checkerberry {Oaultherin procuin- henc ) . Nightoiiade {Solanum sp.). Sweet elder {Xainltuciis canadensis). Red-berried elder {Sainljucus puhcns). BUDS AND FLOWERS. Cottonwood {Populus sp.). | Post oak {Quercus minor). WEEDS, Green foxtail {Chcctochloa viridis). Sedge {Car ex sp.). Knotgrass {Polygonum nricularc). Pale persicaria {Polygonum lapathi- folium). Pennsylvania persicaria {Polygonum pcnnsylranicum ) . Black bindweed {Polygonum convolvu- lus). Dock {Rum ex sp.). Pigweed {Amaranthus sp.). P-loodroot {Hanguiaaria canadensis). A\ ild radish {Raphanus sativus). Touch-me-not {Impatiens bi flora). Dodder {Cuscuta sp.), P.lue vervain {Verbena hastata). Giant ragweed {Ambrosia triftda). COLEOPTERA. Ground-beetles (Carabidiie) : Pasimachus depressus. Ladybirds (Coccinellidae) : Chilocorus bivulnerus, Brachyacantha ursina. Histeridjie: Ulster sp. Nitidulid.'p: Ips fasciatus. Click-beetles (Elateridfe). Bronzy wood-borers ( Buprestidfp) Chalcophora rirginiensis. Dicerca obscura. Fireflies (Lampyridse) : EUychnia corrusca. Photitius py rails. Podabrus tomentosus. Tclephorus bilineatus. Telephorus carolinus. Tclepli or us rotu n dicollis. Lamelliconi beetles (Scarabjeidfe) Apliodius fimetarius. Aphodius granarius. Apliodius inquinatus. Dichelonycha clongata. Lachnosterna sp. LIST OF SEEDS, FRUITS, ETC. 59 coLEOPTERA — Continued. Lamellicorn beetles — Continued. Cotalpa lanigera. Euphoria fulgidn. Long-liorned beetles (Cerambycidse) Phymatodes varius. CyUcne pictus. Lcptura sp. Leaf-beetles (Chrysomelidae) : Orsodachna atra. Cryptocepfialus .'rmactilatus. Gribiirius equcstris. Typophonis cancUus. Nodonota tristis. Lcptinoftirsa deccmlineata. Chry.soiiK'Ja sp. CaUii/rapJia hifj-shyaiia. CalUgrapha pit ihidefphica. Melasoma Uipponica. Diabrotica 12-punctata. Leaf-beetles — Continued. Diabrotica vittata. Odontota dorsalis. Odontota nervosa. Scarred snout - beetles (Otiorhyn- chida?). True snout-beetles (Curculiouidte) : Sitones sp. Phytonomus sp. Hylobius pales. Conotrachelus albicinctus. Conotrachelus juglandis. Conotrach el us n en u pha r. Ampeloglyptrr se.sostris. Bulaniiius nasicus. Brenthidte : EupsaUs niinuta. BiU-bugs (Calandridje) : Rhodobamus 13-punctatus. HEMIPTERA. Tree-hoppers (Membracidie) : Ceresa bubalus. Scale insects (Coccida;) : Kermcs sp. Eulecanium caryw. Eu1eca)uum ccrasife.c. Eulecaniu m t ulipifera: Plant lice (Aphididai). Stink bugs (Peutatomidse). Coreidse. Plant bugs (Capsidte). Assassin bugs (Reduviida;) Sinea diadema. Milyas cinctus. ORTHOPTERA. Short-horned grasshoppers (Acridiida?) Tcttix sp. Hawk moths (Sphingida?). Owlet moths Noctuidte) : Ileliophila unipuncta. LEPIDOPTERA. Span worms (Geometrida;) : Paleacrita vernata. HYMENOPTERA. Short-tougued bees (Andrenidse). Cuckoo-flies (Chrysidid«) : Chrysis sp. Smooth - headed ants (Formicidse) Camponotus sp. Saw-flies (Tenthredinidae). ' OTHER INSECTS. Two-winged flies (Diptera). Spiders (Araneida). OTHER INVERTEBRATES. I Snails (Gastropoda). 60 FOOD HABITS OF THE GEOSBEAKS. BLACK-HEADED GROSBEAK. (Zamclodia melanocephahi. Plate III.) APPEARANCE. DISTRIBUTION, AND HABITS. In form and size the black-headed grosbeak is ahnost a counter- part of the last species, but it is ver}' different in color. In the male blackhead, golden brown and lemon yellow take the place of the rose and white of the rosebreast ; while the color of the underparts of the female is not soiled white, as in the eastern bird, but bright buffy. Both sexes of the western grosbeak have a horn-colored beak ; that of the rosebreast is white. Occupying a range from the west coast eastward Avhich is comple- mentary to, although slightly overlapping that of its eastern relative, the blackhead occurs from lowermost Mexico to southern British Columbia, northern ^Montana, western North Dakota, and north- eastern Nebraska. It breeds at both extremes, and withdraws in winter to the southern third of its range, lingering as far north, how- ever, as central Mexico. The male is a brilliant songster, the peer of any of his kin. He is also an excellent mate and parent, and assumes an equal share of the labors of the nesting season. The nests of this species are loosely built and .generalh' are placed in low growth, often along streams. The eggs are 3 or 4 in number and are similar to those of the rose- breast. The young are hatched in May and June. Since the bird often makes its home in higher altitudes it is sometimes called the mountain grosbeak. ECONOMIC RELATIONS. So great is the economic importance of the black-headed grosbeak that partial accounts of its food habits appear in two previous pub- lications of the Biological Survey." Only TO stomachs were then available for examination, while more than three times that num- ber ^ are now at hand, collected in five States and Territories. As the greater number are from California, the present report relates essentially to that State. The stomachs were collected from Aj^ril to August, inclusive. The data show that about two-thirds of the bird's food consists of insects and other animal matter and one- third of vegetable substances. To be more exact, 65.85 percent is animal, 34.15 vegetable. The maximum amount (79.95) of animal matter is consumed in June. From the standpoint of the agricul- turist great interest attaches to the vegetable food of this bird, as it is reputed to be destructive to cultivated fruit. « Farmers' Bull. 54, 1904, pp. .3,5-^G ; Yearbook Dept. Agr., 1904, pp. 246 and 248. ^ About half of the total number of stomachs of this species were examined by Prof. F. E. L. Beal. BLACK-HEADED GROSBEAK VS. FRUIT. 61 Vegetable Food. Wheat and oats constitute but 2.08 and 1.83 percent, respecti^vely, of the total food. Weed seeds and miscellaneous vegetable matter make up 9.28 percent, while fruit exceeds the sum of all these ele- ments, and amounts to 20.96 percent of the entire subsistence, or almost two-thirds of the vegetable portion of the food. Fruit as an , item of the laird's food assumes all the more importance because much of it is cultivated. ^ FRUIT. Cultivated fruit that can be positively identified averages 9.85 per- cent of the contents of the 226 stomachs examined, and wild species 6.37 percent. In addition, 2.02 percent consisted of blackberries and raspbeiries, which may have been either wild or cultivated; 2.72 percent was undetermined fruit pulp of equally doubtful economic significance. It seems certain, therefore, that considerably more than half, perhaps two-thirds, of the fruit consumed by black-headed gros- beaks is from orchards and gardens. As this may be taken from a restricted region in a limited time, the item is of considerable impor- tance in an}^ locality where grosbeaks are numerous. Moreover, no fruit, however large and tough-skinned, is proof against the massive beak of the blackhead, and the bird is likely to damage a great deal more than it eats because of its habit of leaving fruits after it has taken a single bite. Indeed, many of the fruits it attacks are so large that the bird could not swallow them entire. Apples, crabapples, peaches, apricots, pears, figs, plums, cherries, gooseberries, and blackberries are included in complaints of injury which have been received by the Survey and prunes and strawberries must be added to the number on the evidence of stomach examina- tions. According to Professor Beal,« in California the depredations by the black-headed grosbeak cause it to be ranked about fourth in impor- tance among fruit-eating birds. Wliat this means will be better understood from account of the actual damage by the species. Prof. A. J. Cook gives the following instance' : '' A cherry grower at Ontario, Cal., reports the loss of li;\lf of a .$4,000 crop of cherries from the depredations of hii-ds In 18!)8. The birds In order of im- portance are Piranga ludoviciona, Phainopepla nitcnx, and the present species. E. W. Nelson, of the Biological Survey, writes concerning his ac- quaintance with this grosbeak at Nevada City, Cal. : " T was told they were a gnsTt pest to fruit growers as they ate and destroyed a great many berries. This I proved by shooting several with their bills stained " Yearbook Department of Agriculture T.104. p. I'lC. ''California Cultivator, Aug., 1808, p. 2.">3. cproc. Bost. Soc. Nat. Hist., 17, 1875, i». 359. 62 FOOD HABITS OF THE GROSBEAKS. with blackberries and their crops full of them. I saw many of the berries which they had taken one l)ite from, leaving the rest. In New Mexico the bird bears no better reputation, according to Jackson Tabor, of P'olsom, who says : I have found the black-headed grosbeak to be very destructive to all kinds of vegetables and fruits. They made their first appearance in this countrj- in the year 188S, and they came in swarms. * * * They destroyed the entire crop of gooseberries and commenced on crabapples, eating the apples off the top of the tree as I was picking them off the lower limbs. In the spring and early simimer they take the cherries as fast as they get ripe, and the only remedy seems to be to wage a war of extermination against them. (September 2, 1903.) Two stomachs were collected in Mr. Tabor's orchard on this date and both contained fruit, that in one stomach being identified as crabapple. FolloAving are the results obtained from the investigation of stom- ach contents: Cherries, both ripe and green, were selected by 41 of the grosbeaks examined, frequently composing from 45 to 95 percent of the stomach contents. All were identified by skins, not a seed being found, showing that the birds here and there bite into a cherry, destroying in this way man}^ more cherries than if thej^ satisfied their appetites by swallowing the fruit entire. Figs were next in order of preference, being devoured by 23 grosbeaks. In some cases they composed from 80 to 100 percent of the food. Among other fruits, remains of plums, crabapples, and apricots were found, each in one stomach, and strawberries in two. Uniden- tified fruit pulp and blackberries had b'een eaten by 23 birds. As noted above, it is uncertain whether these were cultivated or not, but' probably the bulk were cultivated and should be charged against the bird. Thus far our investigations have revealed nothing but injury by the bird, but, as will be shown later, the blackhead is not exclusively an enemy. Protective methods. — In connection with this subject there re- mains to be considered possible methods of reducing or altogether joreventing loss from depredations by these birds. The plan usu- ally suggested is the one mentioned in the above letter of Mr. Tabor, namely, '' a war of extermination." This is generally effected by poisoning or shooting. Aside from the fact that the justice of this method is open to serious question, there is the greater objection that innocent species often suffer equally with or even in greater degree than the marau- der. In illustration we quote from Frank Stephens : " At Beale Spring both sexes were common and destroying quantities of fruit, to the great annoyance of the owner of the orchard, who emploj-ed an « Condor, \, 1903, p. 103. PROTECTION OF FRUIT. 63 Indian to slioot the birds. Unfortunatelj' the Indian did not discriminate between the noxious and harmless species. When poisoning is resorted to as a means of defence the destruction of many beneficial birds is inevitable. Nevertheless, if the above methods are condemned the fruit grower is entitled to ask for an effective substitute. A device for the protection of a small number of trees, which can be applied on rather short notice, is bird netting. This was tested upon cherry trees some years" ago at the Indiana Agricultural Experiment Station." The netting was procured at a cost of 4 cents per square yard and 75 yards were required per tree, the latter having been set six years. The fruit produced in a single season paid for the netting, which with careful handling, it is said, will last for ten years or more. This method is practicable in the case of a few lawn or garden trees, or possibly even in small orchards, and is well worth trial by anyone who considers future as well as present fruit crops. For it is certain that in destroying grosbeaks we end the lives of creatures which do much to check serious insect enemies of fruit. In large orchards netting of course can not be used. Ivilling the grosbeaks is a last resort to be tried only when every other measure has been tested and failed. It is the less excusable because a method is available which, even in the case of large orchards, yields far better results. This is the planting here and there of wild fruit-bearing trees and shrubs, by means of which almost complete protection to cultivated fruit can be assured. The chief essential is that the decoy trees shall be early bearing species, for it is the universal testimony that almost all of the damage done is to early fruit. How this applies in California is made clear in the following account of Professor Beal's experience in Alameda County. In the numerous orchards in Cull's Canyon only one gros- beak was seen where a week before, the last few days in May, they were common. It was a fine illustration of what has been demon- strated before — that the first fruits are the ones most eagerly eaten by the birds. When the early cherries were ripening in the orchard birds were to be seen on all sides — grosbeaks, orioles, tanagers, linnets, and jays, with now and then a blackbird or a flicker; but in June only one grosbeak and a few jays were seen, though the later cherries were just in perfection and nobody Avas disturbing the birds. A natural question is: AVhy are the later fruits comparatively innnune to the attacks of birds? It may be urged that the feathered robbers get enough, that their appetites flag. While perhaps true of some birds, satiety in no way explains the facts concerning the black- headed grosbeak, since this bird consumes twice as much fruit in July and August as in May, though the quantity secured from cidtivated " Troop, .Tames, Bnll. 53, Dec, 1894, pp. 125-12U. 1884S— Bull. 32—08 5 64 FOOD HABITS OF THE GROSBEAKS. sources is much less. It is evident that wild fruits are preferred, and that it is their abundance that protects the later ripening orchard varieties. In order to protect early cultivated fruit, therefore, it is necessary to plant decoy fruit trees which will come into bearing at the same time as the earliest varieties. Such a fruit is the mulberry, which has long been known as a fa- vorite of all frugivorous birds. There are many varieties derived from both foreign and native species, some one or other of which is suitable for any part of the United States. Perhaps the best of these to protect early fruit is the Townsend, which originated in northern Florida from the native red mulberry. This mulberry is very pro- lific and ripens fruit very early (in the latter part of March and April in Florida), a characteristic it will doubtless retain wherever it may be planted. Among other races of the same native*stock are the Hicks, bearing in June and July, and the Stubbs, from June to August. The white mulberry of Asia (Morus alba) has yielded the , Black English, the season of which is May to July, and the New American, fruiting at the same time, but very hardy, being adapted to mountain climates. The Russian mulberry {Morus a. tatarica) also is hardy, and bears in May and June. The suitability of the mulberry for California is affirmed by Prof. E. J. Wickson," who says : " Nearly all varieties of the mulberry have been introduced in California and grown rapidly and thriftily." He commends the New American and Russian, mentioned above, and further states: " The mulberry has a long season. The Persian ripens in Tulare the last of May and continually thereafter until October." Although the mulberry is an excellent fruit when fresh, it has been put to little use, the main reason no doubt being that it is not adapted to transportation. Since it is not of commercial importance, why not use it to protect more valuable fruits? The returns from such an investment, according to the testimony of many observers, are great. Dr. C. Hart Merriam says : ^ Groves of mulberry trees during the period of fruiting are thronged by hun- dreds if not thousands of birds, comprising many species and representing diverse groups. Such insectivorous Ivinds as flycatchei'S, warblers, vireos, and even cuckoos, form a part of the heterogeneous assemblage, departing from their customary diet long enough to join the multitude of blackbirds, orioles, finches, sparrows, tanagers, waxwings, catbirds, bluebirds, and thrushes, which from daylight until dark gorge themselves upon the tender berries. It seems incredible that such small birds as warblers, vireos, and the least flycatcher can open their tiny mouths wide enough to swallow such large berries as they really do gulp down with little effort. I know of no better tree than the mul- berry to plant in public and private grounds for the purpose of attracting our reS^xleut bij'ds. « California Fruits and How to Grow Them, San Francisco, 3rd ed., 1900, p. 39S. 6 Kept. Chief Div. Oruith. and Mamm. (1890), ISOl, p. 285. PROTECTION OF FRUIT. 65 Further evidence of the attractive qualities of the mulberry is given by Dr. A. K. Fisher, who states that at his home in southern New York, a dark fruited, juicy Russian mulberry was a favorite food of a number of birds. Robins, catbirds, cedar birds, orioles, and to a less extent several other fruit-eating birds, fed by preference on mul- berries, and rarely attacked cultivated cherries, which were abundant. In fact, as the period of mulberry ripening extended beyond the time of cherry harvesting, the more valuable fruit was almost completely protected from the depredations of birds. The efficacy of the mulberry as a protection to cultivated fruits is fully confirmed also in a bulletin of the North Carolina Agricultural Experiment Station, which is exclusively devoted to the subject of mulberries : " They serve an excellent purpose near cherry trees and on strawberry planta- tions in attractinj? birds iiway from these fruits. As long as there are ripe mulberries close at hand, the other fruit will suffer veiy little from birds. Such being the case, the several varieties of mulberries, on account of their great fruitfulness and the long bearing season, are well adapted to the protection of a wide range of fruit crops, including many of the later as well as the earlier ripening fruits. Among other species valuable for the same purpose are certain in- edible cherries. Mr. H. W. Henshaw informs the writer that a single tree of small sour cherries afforded almost complete j^rotection to sev- eral trees of very fine cultivated cherries on the place of Mr. Joseph Palmer, near AVashington. At the time a visit was made to this place, catbirds, robins, and orioles were abundant, and surprise was ex- pressed that the crop of cherries was not molested. Pointing out a volunteer cherry tree, Mr. Palmer said: "There you see the reason; the birds w^ill not touch the large cultivated cherries when the small ones are to be had." Examination of this tree was made during the present year (1007). It proves to be the Mahaleb or Saint Lucie cherry {Prun.us inahaleh). The 1007 crop of all kinds of cherries was very small, but as far as could be determined under the circumstances, the Mahalebs were pre- ferred. In five minutes the writer noted in this tree 2 brown thrash- ers, 1 jay, 1 bluebird, 1 cedar bird, 1 kingbird, and 8 catbirds. All ate the fruit greedily. It appears that the birds nuist have cherries, though not the best varieties necessarily. Hence some such species as the Mahaleb is likely to afford more efficient protection than any other kind of fruit. It ripens with the cultivated cherries in this latitude and is very prolific, and since it is extensively imported for graft- ing stock it should be obtainable at low rates. The European bird »H. Hume and F. C. Reimer. No. 194, 1906, p. 56. 66 FOOD HABITS OF THE GROSBEAKS. cherry (Prunus padus), a most beautiful ornamental plant, also ma- turing fruit early, may be used to supplement the Mahaleb. Other available trees and shrubs are juneberries, which fruit early, elderberries and blackberries for the summer, and a host, including native wild cherries, black and red haws, sumacs, and wild grapes, for the fall. It may be objected by the orchardist that equal protection can be secured and, in addition, a saving of space be effected by simply in- creasing the number of fruit trees to allow for the loss by birds. It is doubtful, however, if this method would yield equivalent protection, since the injury would be widely distributed and some fruit spoiled on every tree; whereas decoy trees bearing the natural wild food of the birds will prove centers of attraction, and if they do not furnish enough fruit to satisfy the birds, the damage to the crop will be con- fined to a small number of trees in their immediate vicinity. In this connection, in order to determine which are the best fruits to plant to draw the attention of the black-headed grosbeak, it is logical to consult the bird's own taste. We find elderberries far and away in the lead, they are eaten by a ninth of the whole number of birds examined and often compose from 70 to 100 percent of the stomach contents. Next in importance are blackberries, which have been discussed, and following these, juneberries (PI. II, fig, 3), mulberries, and sumac fruits take equal rank. The bird is known to be fond also of the northwest black haw {Cratfpgvs doiiglasi). It appears from the above facts that elderberries, juneberries, and mul- berries are the most serviceable for diverting the attacks of the black- headed grosbeak from cultivated fruits. In concluding this part of the subject it should be noted that al- though fruit is such a favorite food Avith the grosbeak, it constitutes only a limited part of the bird's diet, and that more than three times its bulk in injurious insects is eaten. Furthermore, the equivalent of three-fourths the amount of fruit is composed of other classes of veg- etable matter, including weeds and grain, GRAIN, i As has been stated above, wheat averages 2,08 percent of the stom- ach contents of the birds examined, and oats 1.83 percent. They were consumed by 8 and 10 grosbeaks, respectively. The bird rarely has been accused of injuring either grain, but we have a bit of testi- mony regarding its fondness for oats. Mr. S. H. Goodwin,** referring to newly sown fields in Utah, states : I have seeu these birds in oat fields again and again, and have found them fairly stuffed with oats. But at most the damage is slight, for the birds are not sufficiently numerous to make them a serious factor in this direction, and the services rendered are many. "Deseret Farmer, III, 1907, No, 27, p, 8, VEGETABLE FOOD OF BLACKHEAD. 67 Oats may be injured later in the season when in the milk, as some were found in the stomach of a nestling blackhead. This grain, however, may have come from the abundant wild oats. In any case, the small percentage of grain consumed precludes serious injury under all but the most exceptional conditions. WEED SEED AND OTHER VEGETABLE FOOD. From April to August, inclusive, weed seeds constitute an average of 8.74 percent of the food of the blackheaded grosbeak. Most of the seeds are derived from noxious plants; hence their destruction is a service. Alfilaria {Erodiuni) seeds were taken by 13 birds, and chickweed {Alsine) by the same number. The little shining black seeds of red maids {Calaiidrinia) were eaten by 8 individuals, and the large fleshy akenes of the milk thistle {Mariana^ PL II, fig. 12) by 5. Professor Beal several times has observed blackheads feeding on the latter seeds, and the birds are known to be quite fond also of the similar seeds of the garden sunflower. Among other weed seeds found in the stomachs are tumbleweed {Amaranthns, fig. 18), smartweed {Polygonum^ fig. 1), dock {Rumex)^ nightshade (Sola- num), catchfly (Silene), geranium, and bur clover {Medicago). A few miscellaneous things, such as spires and wads of grass, conif- erous leaves, and galls, were present in a few stomachs. Several items not detected in the stomachs examined are men- tioned by other writers, and among them are garden peas, which it will be remembered are relished by the rosebreast also. Dr. J. A. Allen » wrote in 1872 that in Utah the blackhead is " called ' pea bird,' it being very fond of young peas, and is hence regarded as obnoxious." ^Ir. Jackson Tal)or, of Folsom, N. Mex., in connection Avith hi description of the bird's depredations on fruit says : They commenced on early vegetables, took the pea croj) in toto, and put in their work on everything in the garden, even eating green beans that I never knew anything else to touch. (Sejitember 2, 1008.) The bird shares in a taste said by many to be characteristic of all grosbeaks, and Mr. Ilenshaw ^ in 187(5, writing of the bird's habits in the middle region of the West, states that — It appears especially fond of the buds of various deciduous ti'cos and i)lants, and the bills of many of those taken had been stained and gummed with their juices. At times it feeds extensively on willow buds, according to Doctor Cones, and Mr. Kidgway says that in May, in Truckee Valley, Nevada, it was observed to feed on the buds of the greasewood." "Bull. .M. C. Z., TIT, 0, 1.S72, p. 1GS. ^Zool. lOxpl. West of IWth Meridian. V, lS70..p. 297. '■CJeol. T<:xpl. -JOth I'arallel, TV. Pt. TFT. ls77. it. 4SS;. 68 FOOD HABITS OF THE GROSBEAKS. Animal Food. insects and other animal matter eaten by the black-headed gros- beak amount to almost twice the bulk of the vegetable food, or 65.85 percent of the total subsistence. These, then, should be regarded as the really staple foods of the species. While no single vegetable ele- ment was fed upon by more than 41 grosbeaks, certain items of the insect diet were chosen by more than a hundred, or over half of the birds examined. This fact suggests that if the majority of the insects preyed upon are noxious, the benefits conferred by the bird greatly outweighs the injury inflicted. Coming, then, to the economic status of the insects devoured, it appears from the results of the examination of 226 stomachs that 3.37 percent of the bird's food consists of ground beetles, fireflies, and ladybirds, which usually are considered beneficial; 2.56 percent is composed of wasps, ants, bees, etc., some of which are very useful, some innocuous or harmful; and l.lT percent is made up of a great number of unrelated items, largely of neutral import, which, owing to the fact that they are rarely eaten, have little significance. Thus 58.75 percent, or nearly three-fifths of the entire food, is composed al- most wholly of insects which are a constant menace to agriculture. Of the above classes the beneficial kinds deserve first consideration. The most important among them numerically are fireflies (Lam- pyridae), which are almost uniformly carnivorous, both as larva? and as adults. Since they do much to check the increase of many other insects, the destruction of large numbers would be injurious. Fifty- two of the grosbeaks examined had fed upon fireflies to the extent of 2.38 percent of the whole food. Both adults and larvse were captured, from 5 to 19 of the former and from 12 to 30 of the latter being found in some stomachs. Among other useful insects which are attacked by the blackhead are the ground beetles (Carabidse). Nineteen grosbeaks ate them, and they amount to 0.99 percent of the food. Since so few of these beetles are captured and as certain of them at times feed upon plants, the injury is too slight to be noticed. Three black-headed grosbeaks ate small ladybird beetles which prey upon scale insects and plant lice, two of them securing specimens of an Australian coccinellid {RMzobius ventralis^ fig. 33), which was introduced into California for the express purjDose of destroying scale insects. If the grosbeak destroyed many of these beetles, the bird would have to be given a black mark, but when it is considered that the blackhead feeds uj^on scale insects a large part of the time (more than a fifth of its food consisting of scales) , it is surprising that so few of the ladybirds are devoured. Considerable liking, however, was shoAvn for another group, the Hymenoptera, part of which at least are beneficial. The most usefid USEFUL INSECTS EATEN BY THE BLACKHEAD. 69 members of this order are the parasitic Hymenoptera, which lay their eggs in the eggs or young of other insects. Remains of insects of this class from the stomach of one grosbeak were identified and they amounted to 22 percent of its contents. Two bees were found in another stomach, one of wdiich was a worker honeybee. These are the only beneficial species of Hymenoptera from stomachs of this grosbeak positively identified, but it is probable that many of the unidentified forms belong in the same category. In all, 58 gros- beaks fed upon wasps, bees, and ants, very many of which selected large wasps, which were most ])robably workers of some social species the loss of which would not be noticed. Eleven blackheads ate ants, including both pupse and adults, for which the birds are to be commended, as many ants are prejudicial to the interests of man. Summing up the relations of the black-headed grosbeak to beneficial insects, Hymenoptera constitute 2.56 percent of the food, not all of which, as just noted, is to be set down against the bird. The wholly useful fireflies amount to 2.38 per- cent, the mainly beneficial ground beetles to about 1 percent, while the ladybirds are a mere trace. Thus only about 5 percent, or a little more, of the bird's food consists of insects the destruction of which is prejudicial to the welfare of man. Even Avere the bird not useful other- wise, this showing would hardly jus- tify reprisals. As a matter of fact, however, the blackhead is far from useless, since the remainder of the animal food, which is fully 11 times the bulk of the useful insects, consists of pests upon some of which no other bird is known to prey so extensively. Beetles of various families constitute about half the bulk of these harmful insects, and 28.71 percent of the total food. A nnich greater number of grosbeaks preyed upon leaf beetles (Chrysomelida') than any other family, these composing 17.08 per cent of the diet. One hundred and seventy-two bhickheads, or almost four-fifths of the total juunber examined, captured leaf beetles, which are said to in- clude among their ranks more enemies of crops, shade trees, and ornamental plants than any other family of beetles. Pig. 33. — An Australian ladybird (Rhisobius rcntralis). (From Mar- latt. Bureau of Entomology.) 70 POOD HABITS OF THE GROSBEAKS. While this unmistakable preference for the often piingently fla- vored Chrysomelida? is remarkable, it is still more surprising that of the 172 birds 103 selected a single species, the California flower- beetle {Diabrotica soror^ almost indistinguishable from D. 12-j)unc- tata, fig. 26). This insect, according to Prof. Vernon L. Kellogg," " does great damage as an adult by eating into the floAver buds of roses, chrysanthemums, and a host of others, the larvae feeding on the roots of alfalfa, chrysanthemums, and many other plants." Prof. E. J. Wickson adds,^ it " is sometimes very injurious to early fruit by eating into it when ripe. The insect also eats leaves and blossoms. As the insect attacks the fruit just as it is ready to pick, it is impossible to apply any disagreeable or poisonous spray." In connection w^ith the latter testimony it is of interest to recall that the early fruits are the ones that the bird also injures most severely. Although less than 4 percent of the food, strictly speak- ing, can be called early fruit, and the total amount of cultivated fruit eaten during the bird's stay in California is only about 12 percent, the fruit-destroying flower-beetle, which it is impossible for man to combat effectually, constitutes more than 14 percent. In view of this fact alone, it would seem that the hand raised with deadly intent against the grosbeak when pilfering fruit may well be stayed. The beetles, though not so easy to see as the grosbeak, are present in countless hordes and busy at their destructive work. But the gros- beak finds and consumes more of them by actual bulk than of culti- vated fruit. Furthermore, in view of the fact that 103 out of 226 black-headed grosbeaks preyed upon the flower-beetle, often securing from 8 to 21 each, and that 14.08 percent of the bird's entire food consists of these insects, it can be unhesitatingly stated that the black- head is one of the most important checks upon this pest. While the grosbeak does not destroy any other insect to anything like the same extent that it does the flower-beetle, nevertheless it shows a considerable liking for some other leaf-beetles. Seventeen grosbeaks fed upon a species {MelasOma scripta) that is fond of the foliage of willows and poplars, and 15 devoured a dock-inhabiting leaf -beetle {Gastroidea) ^ which sometimes eats pine needles; from 9 to 33 of these Avere found in a single stomach. About 37 grosbeaks ate leaf -beetles which could not be specifically identified. The closely related family of long-horned wood-borers (Ceram- bycidse) furnishes 2.29 percent of the bird's fare, and since the longi- corns contain among their ranks numerous disastrous pests, the bird must be commended even for the moderate liking for them it displays. Click-beetles (Elaterida>), which in the larval state are known as "American Insects, 100.5, p. 280. ^ California Fruits and How to Grow Them, 1900, pp. 4.54-45.5. INJURIOUS INSECTS EATEN BY THE BLACKHEAD. 71 wireworms, were devoured by 30 black-headed grosbeaks, but con- stitute only 0.77 percent of the food. Weevils also are sparingly consumed, which is in contrast to the avidity shown for them by most insect-eating birds. Twenty-five of the present collection of blackheads obtained specimens of these queer snouted beetles, but they compose less than 1 percent of the subsistence. Bronzy wood-borers (Buprestida^ were captured by 8 grosbeaks, pine-feeding species being identified. Lamellicorn beetles (Scara- bseidse) fell a prey to 10 birds, but no important species were secured. A few blackheads obtained representatives of other coleop- terous famlies, such as rove-beetles (Staphylinida>), darkling beetles (Tenebrionidse), and whirligig beetles (Gyrinidse), one of which was found in a single stomach, though how the bird secured this aquatic species is a mystery. A quick tiger-beetle {C'windela) also was found in a single stomach, and hence, although beneficial, it may be passed by without comment. Coleopterous larvae were eaten by 7 birds, 2 of which had secured representatives of the family Nitidulida^. As these larvae are too minute to have been eaten intentionally, and since they feed on decay- ing fruit, their presence among the stomach contents shows that the grosbeak also sometimes eats decayed fruit. Some of the fruit pulp, therefore, which could not be identified, but which was provisionally reckoned against the bird, is thus j)roven to have no value. Grasshoppers, which are eaten by birds almost universally, are neglected by this species, as they are also by the rose-breasted gros- beak. Only 7 of the 226 blackheads examined had eaten them, and they constitute only 0.25 percent of the subsistence. Nevertheless, the black-headed grosbeak is included among the enemies of the Rocky Mountain locust by Samuel Aughey, wdio examined 2 speci- mens, one of which had eaten 8, the other 17 locusts. Notwithstiinding the blackhead is rather whimsical about a grass- hopper ration, it shares the taste of most other birds for caterpillars, and it devours them and their chrysalids to the extent of 9 percent of its food. Spines and hairs, popularly supposed to be abhorred by birds, do not deter the blackhead, and sometimes all that is left in the stomach to tell of the capture of caterpillars is a mass of thorns and spines. Exactly 100 black-headed grosbeaks fed upon lepidopterous insects, 70 of them choosing caterpillars and 30 cocoons and chry- salids. It is among remains of the latter that we find representa- tives of the most important species in the order — the codling moth (fig 34). This pest is said to cause a loss of not less than $10,000,000 annually to the fruit growers of the United States. Inasmuch as the insect has no important parasites, its feathered enemies should be all the more appreciated, and it is safe to say that, with the ])robable exception of woodpeckers, the blackhead is the equal of any of them. 72 POOD HABITS or THE GROSBEAKS, The codling moth is accessible to the grosbeak in two stages of its development, namely, when the larvae are seeking a place to hibernate or pupate, as the case may be, and when they are in the chrysalis stage. By no means all of the birds examined had access to the species, yet 25 were successful in finding the pupae or larvae, and secured from 1 to 29 individuals, averaging about 5 each. It ap- pears, therefore, that the grosbeak makes good use of its limited op- portunities, and we agree with Professor Beal " that the " bird that helps to destroy this * * * insect, the curse of * * * apple culture, will be hailed as a blessing in spite of any shortcomings it may have." Second in importance only to the above pest are cankerworms. aai Fig. 34. Codling moth (Carpocapsa pomonella) . (Prom Simpson, Bureau of Entomology.) The spring cankerworm {Paleacrita vernata^ fig. 35), which is re- sponsible for a great deal of damage in apple orchards, constitutes 6 percent of the grosbeak's food in May. ^Miile this amount is not large, it is nevertheless worthy of note, since all of it is consumed wdien the earliest broods are developing. Only one other order of insects contributes largely to the sub- sistence of the black-headed grosbeak — the true bugs, Heteroptera- Homoptera. Among minor items of the order the Heteroptera col- lectively form 1.05 percent of the diet, plant bugs, together with members of the squash-bug and stink-bug families and unidentified forms, being eaten by 18 birds. A miscellaneous assemblage from o Yearbook Dept. Agr., 1904, p. 248. BLACKHEAD VS. SCALE INSECTS. 73 Fig. 35. — Spring cankerworm { Palenrrita rernaia). (From Uiley. Bureau of Entomol- ogy.) the other group (Homoptera), inckiding leaf and tree hoppers, plant lice, and cicadas, was distributed among 9 of the grosbeaks examined, and composes a little more than 0.5 percent of the total food. Next is the family of scale insects (Coccid*), which from an economic standpoint is the most important element of the black-headed gros- beak's food. Scale insects were fed upon by all but 81 of the 220 birds examined. The destructiveness of these insects need n©.* be explained to anyone in the western fruit-growing region, where the disastrous effects of their presence have been keenly felt for many years, longer in fact than in any other part of the country. Suffice it to say that scale insects cause more trouble and loss to fruit growers than all other pests combined, and the damage from them is to be reckoned by millions of dollars. The ])lack-headed grosbeak evinces a distinct preference for the most widely distributed and abundant scale insect on the coast — the black olive scale (Saissetia olerp, fig. 36) the importance of which the following notes from the writings of Prof. E. J. Wickson, of the University of California, will serve to show. It affects both citrus and deciduous trees, but is especially troublesome to the olive, and it will spread quickly to orna- li'ijl mental plants and vines. It is a very difficult '™ scale to subdue, and in spite of the fact that immense numbers are killed by parasites it is still a grievous pest. This inspect constitutes 20.32 per cent of the grosbeak's entire food, being eaten by 123 birds, many of which had secured from 12 to 32 scales each. If this serv- ice alone is not sufficient to atone for all the bird's depredations on fruit, the latter must be .held at an exceedingly high price. Moreover, all has not yet been said in the bird's favor. It does not confine itself to the black olive scale alone, but at times probably preys extensively on other species. Sixteen other grosbeaks consumed enough scales to make up 2.20 per cent of the total food. Among the scales they ate are the brown apricot scale {Euler-anium (inneindnim) and the frosted scale {E. pruinosujn), both of considerable economic importance. Fig. 36. — Black olive scale {Saisfsctiu olece) . (From Marlatt, Bureau of Entomology.) 74 FOOD HABITS OF THE GROSBEAKS. The remaining constituents of the animal food have slight per- centage value. Fifteen grosbeaks devoured spiders or their cocoons, these items amounting to 0.34 percent of the entire regimen. Among other substances of little importance are snails, eaten by 14 birds, various unidentified insect pup» by 10, eggshells by 5, and flies by 2 ; and, most remarkable for a bird of the blackhead's feeding habits, a bit of bone and the remains of a small fish were found in a single stomach each. Mineral Matter. The average percentage of mineral matter in the stomachs of the whole number of birds examined is 2.35. The nestlings of 2 or 3 days" age had none: those of a week, G.57 percent; and those of 2 weeks, only 3 in number, however, had 2.33 percent. Nestlings. We are fortunate in having a fair amount of material to illustrate the food habits of the nestling black-headed grosbeaks. The nestlings at hand are readily divisible into three groups, separated both by age and character of the diet. Ten, comprising two broods of 3 each and one of 4, which were collected at the age of 2 and 3 days, had been fed animal matter exclusively. Seven, made up of two broods, num- bering 3 and 4 individuals, respectiveh^, had reached the age of 7 and 8 days, at which period a small amount, namely, 2.1 percent, of vege- table food had been introduced into the dietary, while 3 scattered fledgelings of a fortnight's gi-owth consumed an average of 13.3 per- cent of vegetable substances, mainly fruit. Two-thirds of the food of the youngest or entirel}^ insectivorous group consisted of caterpillars, much over half of which, to wit, 37.2 percent, was spring cankerworms {Paleaci'ita vemata^ fig. 35). In addition, 18 percent was composed of pupae of the codling moth (fig. 34), which, indeed, Avere fed to part or all of each brood, including 8 of the 10 nestlings. If the habit of feeding these important pests, on the scale here indicated, to nestlings, whose never-ceasing demands for food are proverbial, is general, the amount of destruction wrought in their ranks is almost incalculable. Besides the codling moth and cankerworm, the flower-beetle and black olive scale also figure in the diet of this lot of youngsters; and longicorn beetles, spiders, leaf- hoj^pers, other bugs, and ant pupae likewise were consumed. One brood of the second group, which was just being initiated into the use of vegetable food, was given oats in the milk, while the other family was entirely carnivorous. More hard-bodied insects are fed FOOD OF NESTLING BLACKHEADS. 75 at this age, beetles composing three-fourths of the whole diet, and over 23 percent was contributed by the flower-beetle alone. Black olive scales are most important among the remaining elements, 12 percent being composed of these pests. Hymenoptera, caterpillars, spiders, and insect eggs also were taken, and each of the members of one brood had a feAv bits of eggshell in its stomach. Caterpillars again enter into the diet of the two-weeks old fledge- lings, composing 45 percent of the whole amount, 21 percent being cankerworms. Black olive scales are 7 percent, and beetles, includ- ing lamellicorns, ground and click beetles, compose 26 percent of the food, the remaining animal elements being Hymenoptera and snails. The vegetable matter, 13.3 percent of the whole food, consists of cher- ries, strawberries, blackberries, bits of wheat, a few seeds, and spires and wads of grass, which last-named articles curiously enough are found in the stomachs of many other nestling birds. The oldest fledgelings thus approximate more nearly in diet to that of the adults, even partaking of their fruit-eating habits. It is evi- dent also, from the study of nestling blackheads, that vegetable mat- ter is fed in gradually increasing quantities, corresponding, probably, either as cause or effect, to the growing muscular development of the stomach. Some grosbeaks observed by Professor Beal fed their nest- lings only two to five times per hour, but as the feeding was accom- plished by regurgitation .it is probable that the stomachs of the young were practically filled during every visit to the nest. Keviewing, it has been noted above that the nestlings of the black- headed grosbeak are fed a great number of codling moth pupa^, cank- erworms, flower-beetles, and black olive scales, the destruction of which is greatly to the advantage of agriculture. A^^ien very young their food is entirely animal, and consists in great part of these grievous insect pests. Summary. Examination of 22() stomachs of the black-headed grosbeak, the majority of which Avere collected in California, shows that during six months' stay in its summer home the bird consumes on the average 34.15 percent of vegetable and G5.85 percent of animal food. Reports that the bird damages cultivated fruit are fully sustained by stomach examinations, figs and cherries appearing to be the kinds most injured. From 10 to 15 per cent of the food consists of culti- vated fruits; a slightly smaller amount is weed seed, while the pro- portion of grain devoured is trifling. It has been brought out that small orchards may be economically protected by means of bird netting. Large orchards may be pro- 76 FOOD HABITS OF THE GROSBEAKS. tected in great measure by planting here and there suitable decoy trees, as mulberries. Aside from the fact that ravages by the grosbeak may be pre- vented or greatly reduced without destroying the birds, it is evident that their general services to agriculture are so valuable that their destruction is not to be considered. It is to be noted : First, that the animal food of the blackhead, consisting almost wholly of injurious insects, is practically twice the bulk of the vegetable food, or more than four times that portion which is pilfered from man. Second, that the bird could not possibly select insects more prejudicial to the interests of western horticulture than the ones forminsr its natural food. These include the codling moth, cankerworms, flower-beetles, and such scale insects as the frosted, apricot, and black olive scales. Finally, these formidable fruit destroyers alone, not to mention 20 percent of other injurious insects, compose two-fifths of the entire amount of the black-headed grosbeak's food from Aj^ril to September, or at least three times as much by actual bulk as the fruit consumed. In other words, for every quart of fruit eaten, more than 3 pints of black olive scales and more than a quart of flower-beetles, besides a generous sprinkling of codling moth pupa? and cankerworms fall prey to this grosbeak. LIST OF SEEDS, FRUITS, AND INVERTEBRATES EATEN BY THE BLACK-HEADED GROSBEAK. Oats (Avena sativa). GRAIN. .( Wheat (Triticum vulgare). CULTIVATED FRUITS. Fig (FicuH earica). Mulberry {Morns sp.). Strawberry {Fra). Sawflies (Tenthredinidse) . OTHER INVERTEBRATES. Spiders (Araneida). | Snails (Gastropoda) ( Locus- 86 FOOD HABITS OF THE GBOSBEAKS. RELATIONS OF GROSBEAKS AND OTHER BIRDS TO PARASITIC INSECTS. As in the previous pages mention is made of the fact that gros- beaks to some extent feed on parasitic insects, and as many other birds have the same habit, certain phases of the subject are here briefly discussed. Parasites are useful to man because they prey upon and reduce the numbers of injurious insects. Hence to the extent that birds diminish the number of parasites they are inimical to man's interests. But there is another aspect to the interrelations of birds, parasites, and injurious insects. The attaclvs of parasitic in- sects, however numerous they may be, do not result in the immediate death of their victims, since time is required for the development of the larvae within or upon the body of the hosts. Hence the latter, after receiving the eggs which ultimately are to prove fatal, some- times continue their depredations, and may in a few days ruin the season's crop. Under these circumstances the parasites do no immediate good, though they serve to prevent increase of the species attacked. It is quite otherwise with birds, which instantly stop de]3redations by killing the insects responsible for them. Often in a few days birds extirpate a pest over a limited area, and the crop, freed from its enemies, makes successful growth. It is true that at the same time all eggs and larvse of parasites present in the host insects also are destroyed. Though this is regrettable, the effects of the loss of the parasites must be regarded as of secondary' im- portance, since the main purpose — getting rid of the pests — is accom- plished. Precisely the same result follows the destruction of cocoons, the burning of caterpillar nests, fumigation by hydrocyanic gas (which is exceedingly destructive to all life) , and wholesale killing by contact sprays (kerosene, whale-oil soaps, and the like). These methods of destroying insects are widely recommended and extensively used, re- sulting in the indiscriminate destruction of beneficial and injurious insects, foe and friend alike. Moreover, there is no doubt that in spite of their indiscriminate effect, these practices result in great good. As stated above, birds are chargeable with similar destruction of use- ful insects along with the injurious, but it is worth}^ of note that the effects of their feeding have not been judged from the same stand- point nor given the benefit of doubt accorded to the work of artificial agencies. However, since it has been suggested that birds may so re- duce the number of parasitic insects as seriously to restrict their bene- ficial services, it may be profitable to inquire into the facts of the case. There is no record of an instance in which noticeable injury has been caused through the destruction of parasites by birds, and there is much evidence going to show that this never happens. First, taking RELATIONS OP BIRDS TO PARASITIC INSECTS. 87 up the order Diptera, to which belong the tachiiia parasites (such as Avere found in the stomach of one bhie grosbeak), the data now avail- able show that probably less than 3 percent of the food of birds in general consists of members of this order. And there is no reason to believe that parasitic forms of this or other orders are specially sought for by birds. Since the dipterous parasites are confined to three or four families of the three score in the United States, it is not likely that the part of the 3 percent of bird food they furnish results in much injury to agriculture. Turning to that most important group, the Hymenoptera, it is to be noted that many of them are small, some being extremely minute (as is the case with a large group of the most effective parasites, the chalcis flies), and these are very rarely found in bird stomachs. A few families of Hymenoptera (Chrysididse, Trigonalidse, Sapygidse, and Mutillida^) are characteristically parasitic on other and useful members of the order. The destruction of any of these by birds (the cuckoo-flies are taken, at least occasionally) is a benefit. The same must be said of the capture of many species belonging to other fam- ilies which are guilty of the same practice. They parasitize their beneficial relatives, often destroying a large proportion of them. Moreover, even the species usually beneficial do not always stick to their roles, but sometimes parasitize species having the same as their own normal relation to the host. All of these things tend to mitigate the injur}^ done by birds that feed on Hymenoptera. The facts at hand show that, excluding ants (which are in no Avay concerned with parasites) , Hymenoptera compose not more than from 3 to 5 percent of bird food in general. Of the insects composing this percentage, ac- cording to our identifications, nonparasitic forms outnumber the para- sites in the proportion of about 4 to 1. Hence at most not more than 1 percent of the food consumed by all the members of our avifauna consists of parasitic Hymenoptera, taken as free-moving forms. Proceeding now to the main point at issue, whether great numbers of parasites in the egg or larval state are eaten by birds along with the usual prey, the following statements can be made. The parasites in insect eggs (which include very many of the large superfamily Proctotrypoidea, and some others) are absolutely safe from the ma- jority of birds, only the smaller titmice, Avarblers, etc., searching much for eggs. Parasites also in the cocoons and chrysalids are com2:)ara- tively secure, as only few birds consume these objects. The parasites of all minute insects, like egg parasites, are exem]:)t from danger, ex- cept from a certain contingent of the smaller birds. The parasites living upon medium-sized caterpillars, beetle larva", and adult in- sects, however, run considerable risk of becoming bird food. But even memb(U"s of this group are in a measure favored, since a good proportion of the caterpillars or other insects they infest are not 88 FOOD HABITS OF THE GROSBEAKS. likely to be eaten by birds, both because they are usually discolored or otherwise abnormal in appearance and because often they are in- active, and hence escape attention. It should be stated, hoAvever, that freshly parasitized individuals are of normal appearance, and whether or not they are recognized by birds, it is certain that in the stomach such caterpillars can not be distinguished from the unin- fested. However, it is certain that, in spite of this difficulty of recog- nizing recently parasitized larvae, a well-defined tendency on the part of birds to avoid these doomed insects is shown by the wholly insignificant number found in which parasitism is evident. Only the one jDarasitized caterpillar mentioned above, and one other eaten by a hawk, have been found in more than 40,000 stomachs examined by the Biological Survey. Hence it would seem that serious diminu- tion in the ranks of parasites is much more logically explained by some other cause, such as the well-known pernicious activities of cer- tain hyperparasites, than by the attacks of predaceous foes. The following extract « from "A Study of the Hymenopterous Parasites of the American Tent Caterpillar," by W. F. Fiske, serves to show the possibilities of this hyperparasitical activity. In 189G it [the tent caterpillar] was exceedingly common, so much so as to attract attention all over the State, and it was consequently assumed that its parasites would also have increased to such an extent as to be a considerable factor in bringing about a more normal condition in 1897. But strangely enough this reasoning was found to be diametrically opposite to the facts of the case. In 1896 a great many caterpillars were destroyed by Llmneria fugi- tiva [a parasite], and numbers of the characteristic cocoons of this species were collected and bred at this station. These proved in their turn to be almost entirely the prey of PimpJa inquisitor [a hyperparasite], and the breeding cages in which the cocoons were confined becoming filled with the adults of the hyperparasite, it was mentioned in the report of the year, and given credit 'for the destruction of large numbers of tent caterpillars. Thus it was the Lim- neria which proved to be the real victim, and as its cocoons were rare the next year the primary host, Clislocampa americana [the tent caterpillar], was indi- rectly but decidedly the gainer. As one season's observations succeeded another's this case from being an exception, as was at first thought, was found to be more nearly the rule. The comparative abundance of the tent caterpillars varied greatly, it is true, but this was obviously due to other and distinct causes than this under discussion, and only a certain percentage, varying considerably from one colony to another, or to a less degree between different localities, -fell a prey to the hymenopterous parasites. The parasites as a body were found to exact a certain tithe of blood, so to speak, and this being obtained would proceed to fight over its possession, passing it from one to another, from parasite to hyperparasite, until often, per- haps, there would be little more than enough left of a single large caterpillar than that sufficient to support a single small Chalcid. It is evident from these statements that we need look no further for the enemies which so check the useful services of parasites. "Tech. Bull. 6, N. H. Agr. Exp. Sta., 1903, pp. 185-186. RELATIONS OF BIRDS TO PARASITIC INSECTS. 89 Comparisons of the usefulness of parasitic insects and of pre- daceous species, both insects and birds, have been made to the dis- paragement of the latter class and in consequence the benefits con- ferred by parasites have sometimes been exaggerated. But in weigh- ing the importance of these statements it should not be forgotten that essentially parasites are dependents. It is farthest from their object to exterminate their hosts, even in a limited area. This result, ^Yhich in most cases means disaster to the parasite, is, on the other hand, of but little moment to predaceous insects or birds. The latter always have a wide range of prey and even if one food supply is exhausted usually there are others at hand. The best evidence that predaceous foes of insects are worthy of as high consideration as parasitic ones is afforded by the instance of the extermination, successively, by the ladybird, Novhis cardinalis, of the cottony cushion scale in Califor- nia, of the fluted scale in South Africa, and of a congeneric scale in- sect in the gardens of Alexandria, Egypt. These are absolutely the most important services in destroying insects ever rendered to man and were accomplished by a predaceous enemy which is chargeable with the same lack of nice discrimination with respect to parasites attributed to birds. However, there is no necessity for belittling the services of either of the two great classes of pest destroyers. Both consume a certain proportion of insects directly injurious to man and it is more than likely that either would be hindered rather than helped by the absence of the other. Everything, indeed, points to the conclusion that from the standpoint of man's welfare the loss of either class would irreparably disturb the balance. What has been said by a noted entomologist concerning parasites, namely, that the presence of both parasites and hosts, continuing through thousands of years to the present, implies that an equilibrium is maintained enabling each to live, is just as true of predaceous enemies, both in relation to para- sites and to their common prey. There can be no doubt that, even under the greatly changed conditions induced by man, the inter- actions of these classes tend directly toward the establishment and maintenance of a balance. It is probable that this balance can be secured at a lower level in regard to number of individuals only by direct reduction of the injurious species by man, coupled with the best possible protection of both their predatory and parasitic enemies. GENERAL CONCLUSION. With respect to food habits it appears that the grosbeaks form a group apart from the majority of the finch family, to which they be- long. The members of this group arc by no means the extreme vege- tarians they are commonly supposed to be, since on the average they consume about 25 per cent of animal food. The grosbeaks, however, 90 FOOD HABITS OF THE GROSBEAKS. are even less exclusively vegetarian than others of the family and nearly half their food is animal. Moreover, the constituents of the animal dietaries of the two groups differ considerably. Nearly all finches hitherto examined have been found to avoid hairy caterpillars, but the grosbeaks eat them eagerly. True bugsgenerally are neglected by the smaller members of the sparrow tribe, while the grosbeaks con- sume on an average 7.25 percent of these strongh' flavored insects. Further, while caged and hungry individuals of some of the smaller sparrows refused both the Colorado and three-lined potato beetles, cucumber and lad^'bird beetles, and also stinkbugs of the genus Euschistus, each of these insects is captured in the open by one or more, if not all, of the grosbeaks. In fact, the so-called protected fireflies, leaf beetles, and lad^^birds, as also hairy caterpillars and the adaptively colored or distasteful bugs and scale insects, seem poorly defended, for all of them serve as grist for the grosbeak mill. A dif- ference between the vegetable dietaries of the grosbeaks and other sparrows is also worthy of notice. Weed seeds form half of the an- nual food of the latter group, while only one of the grosbeaks devours so large a proportion, the others consuming an average of about 18 percent. To the grosbeaks in particular, as to the sparrow family as a whole, general traits have been ascribed as characteristic which investigation fails to substantiate. For instance, the grosbeaks are found to have no special predilection for buds, notwithstanding popular opinion to the contrary. Then, too, it is generally considered that the massivtr grosbeak bill is especially designed to crack hard fruits and seeds, and it would appear certain that in some way it is related to peculiarities of f(3od. Yet the smaller sparrows and the cowbirds, with much weaker bills, break all sorts of seeds as readily as the cardinal. In- deed, the food habits of the grosbeaks, as revealed by the present in- vestigation, oifer no clue to the origin of the form of bill. Its great crushing capacity appears to be utilized only on rare occasions, one cardinal, for instance, out of 500 eating a hickory nut. Practically all the food eaten by grosbeaks seemingly could be manipulated just as readih^ by birds with comparatively slender beaks. It is true that the curiously curved beak of the parrot-bill may be useful in securing the much relished seeds of bur grass (Cenchriis), but the same kind of seeds is eaten also by the straight-beaked cardinal. No doubt there is an intimate connection between the size and form and the function of the grosbeak bill, but for the key apparently we must look to past conditions of environment, for its extraordinary size and shape appear to answer no present needs. Notwithstanding also the general similarity of bills, as well as of other points of structure, the five grosbeaks differ considerably in food habits. This divergence is beneficial to the birds, no doubt, when they SUMMARY OF FOOD HABITS OF GROSBEAKS. 91 occupy the saiiie general territory, since it keeps them apart when foraging, each thus securing enough food without competing too strenuously with its neighbor. It is of great value also to man, be- cause the birds exact tribute from the wdiole field of his insect enemies. As would be expected, the cardinal and gray grosbeaks have some- what similar tastes. They rank highest of the group as seed eaters; they consume little grain, capture a very small number of Hymenop- tera, and relish weevils best among beetles and grasshoppers among other insects. The cardinal alone is very fond of wild fruit, the place of this item in the regimen of the gray grosbeak being filled b}' a corresponding quantity of weed seed. The rose-breasted and black-headed grosbeaks also have similar i^references, each manifest- ing indifference toward grasshoppers but each relishing Hymenop- tera and true bugs. Fruit is held in about the same estimation by the two birds, though the blackhead is much more injurious to culti- vated varieties. Both it and the rosebreast make a specialty of leaf- beetles, each selecting a single species as one of its most favored foods. The blackhead pays slight attention to grain and weed seed, but feeds ravenously on scale insects; and the rosebreast, while by no means neglecting scales, feeds more extensively on cereals and seeds. The blue grosbeak is peculiar in three respects: If, shows a very strong liking for grasshoppers, for lamellicorn beetles, and a maximum avidity for grain; and it is like the gray grosbeak in almost totally neglecting fruit. Preferences such as the above explain why one species attacks par- ticular crops which the others never touch. Thus, from the standpoint of the fruit grower the blue grosbeak is entirely beneficial, but the grain grower sometimes has reason to execrate this species, while to him, the blackhead, which injures the fruit of his neighbor, seems innocent. But as has been shown in preceding pages the beneficial qualities predominate in both birds and " it is well to remember," as is wisely said by Wilson Flagg,» " that nature does not grant us a benefit without taking some compensation. We must be content to pay for the services of our useful birds by allowing them as a perquisite a certain portion of the fruits of our soil. We must pay the crow and blackbird in corn, and the robin and the cedar bird in cherries; and if it be objected that the robin tax falls disproportion- ately upon the fruit growers, so, on the other hand, the blackbird tax falls disproportionately upon the farmer and the corn grower. These evils, except as they can be prevented by Avatchfulness and ingenious contrivances that do not liarm the bird, must be patiently endured for the connnon good." «Anii. Kep. Mass. IM. Agr, (1861), 1862, Appendix, p. 76. 92 FOOD HABITS OF THE GROSBEAKS. Looking beyond the confines of the individual orchard or grain field, it is apparent that the grosbeaks make small demands either on our patience or endurance. The brief season of crop pilfering is a comparatively insignificant part of the otherwise beneficial yearly life of the grosbeaks, a fact sometimes lost sight of. The importance of birds as checks upon the insect enemies of agricul- ture, and the fact that they are among the most valuable assets of the farm, are too well known to require proof. No one should be so blinded to his own best interests by a sense of present injury as to destroy by w^holesale creatures which by every intent and pro- vision of nature are among his best friends. The destruction of the most grievous pests known to us by birds give them a value comparable in degree, if not in kind, with that of some of the use- ful domestic animals, and wdien they are caught in mischief, they should be dealt with on the same principle as domestic stock, that is, with a view of preserving them for future service. Farm animals are not destroyed when they commit devastations; meas- ures are taken to protect the crops from future raids by strength- ening weak and broken fences. Similarly, crops should be pro- tected against the raids of birds, and experiments have demon- strated that bird netting, tarred seed, and decoy fruit trees, among other things, may successfully be employed to this end, while at the same time the birds are preserved to turn their energies to bet- ter account in destroying insect pests. No group of birds better deserves to be treated in this fair and practical way than the grosbeaks. The details of their useful hab- its, as given in the preceding pages, need not be repeated, but since a final estimate of the value of the group depends upon the exact nature of the food of its several members and their relation to agricultural interests, it is proper to restate general conclusions: The five grosbeaks studied consume on the average nine times more weed seed than grain and fruit. Moreover, they devour nineteen times more injurious than useful insects. Consequently, since their subsistence is about half animal and half vegetable, their food habits are about fourteen times more beneficial than injurious. It has been shown, furthermore, that they attack many destructive insects, even specializing on some of the greatest pests. The gros- beaks, therefore, making due allowance for the injury they do, are of great economic value, and it is evident that the farmer will derive great advantage by preserving them. 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