Title: Quarterly report of the Pennsylvania Board of Agriculture, no. 32-33 Place of Publication: Harrisburg, Pa. Copyright Date: 1887 Master Negative Storage Number: MNS# PSt SNPaAg017.7 1 -■■-,_^-jv.,.j,4 " 32(1 and 33d QUARTERLY REPORTS OF THE PENNSYLVANIA •«ii Board of Agriculture. » ♦ • HARRISBURG: EDWIN K. MEYERS, STATE PRINTER 1887. £430. 8^3 «" ■ 4 i i ' I / THIRTY-SECOND and THIETY-THIRD QU^KTKRLY RK FORTS OF THE PENNSYLVANIA BOARD OF AGRICULTURE. PENNSYLVANIA BOARD OF AGRICULTURE, 1887. Members Ex-Ottieio. Hon. James A. Beaver, Governor. , ^ ^ . Hon. J. S. Africa, Secretary of I aiermU Affairs, Dr. E. E. H^gbee, Superintendent of Public Iristruction. Hon. J. B. Miles, Auditor General. . c. ^ ^ n Dr. G. W. Athertou. President of the Pennsylvania State College. Appointed by the Governor. Col. James Young, Middletown,Pa., . Dr. John P. Edge, Downingtown, Pa., Will B. Powell, Springboro', Pa., . . Term expires. . . . 1888 . . . 1889 1890 Electea by County Airricultural Societies. ^^^^ ^^pj^^^ Adams. I. Garrettson, il?t!a'nning ' ' '. . . ml BelTer"^' • '. •. '. • '. '. /A."l5McKibben, . ! ! ! ! ' Green Garden; \ . . 1890 ueaver, Nnhlo . . . Waterside, 189" Bedfotd, J- E. Noble. .... . (jeiger's Mills, . . 1889 Berks, F Refier ■■''.. New Hope, ... 1890 Bradford, .... Butler, Clinton, . J. D. Hicks, -^ . -QQQ H. L. Scott, Towaiida 1889 . H. M. Wise, S^fiT'^TA ihS ^ W Hale Bellefonte, i»oo ^^entre, Thomaf J Edge ... . Harrisburg, . . . . 1890 ^^^^^«^' ™He'r-r,''^^ ' ! ! ! • . . Cedar SprLgs,- • • f^j) Millville, 1880 , . 1889 ramk.erland C. H. Mullin .' . Mt. Holly Springs, . . 18^ l^umt eriana, wiP^ter Harrisburg, . . . • 1888 ^^^P^^'^' : ; E. Ha'vey, 1 l! ..... • Chester, 1889 ::.... J. C. Thornton, ^T'^'^i ' x. iftftQ W\ P. Gordon, Black Lick, . . . • 1889 • • * ; ; ;j. McCrackeQ,Jr., .... Frostburg, 189J ,„,,.^.^ . . . D. Wilson, Port Royal, • • • • J™ Juniata, Colvin .... Dalton, 1888 Lackawanna, ti. n. ^oivm Marietta 1889 rolTimbii * * ■ . ; . . Chandlee Eves, Mill vine, . . C^iwtbrd '''.... M. W. Oliver, F«»l^,^^.V<^^i^.^®A Delaware, Erie, Indiana. Jefferson, Lancaster H. M. Eagle, Marietta, Lebanon, 1888 L^f^?"""- Y-^R«rne8. ! ! ! 1 . . . . Allentown, 1890 Lehigh, Luzerne, Lycoming, Mercer, Montgomery Montour, • • • • • • • • • 1«88 . 1888 1890 . 1890 . 1889 . 1888 Milton, .' 1^90 Somerset, : 1889 1890 • • • • J. P. Barnes, ^r- . J.B.Smith Kingston,. D. H Foresman Williamsport . H. McKee, ....... Mercer,. . . . H. W. Kratz, Trappe, . 'Phna L Clann . . . LimestoneviUe, ^;;rsr^'''"'^::::.c^^Mu2tWa„•, Schuylkill Sneaker ' ' .'... Hill's Grove, ... 1888 Sullivan H S Se^arle • • Montrose 1889 Susquehanna, t w MaVher ' . Wellsboro', 18b9 Tiop, T A Guridv '. * . . Lewisburg, 1890 Unfon wm '(SJes .Oil City, * . . . . 1889 Venango, fr Miller' ' ' ' '. . Sugar Grove, 1889 Warren F. «• ^^er • • • • Washington, .... 1890 Washington. •.;.•. ^^ ^p^.^ nde'i^wo^ .' .' . • . I;ake Co^mo, 1888 Wayne, Rnnnell Vosburg, ....... 1888 yJZI"^\ \ \ : : : * '. '. w. s.Snd: : .:.... York, issq / / QCAKTKRI-Y KePORT. OFFICIAL LIST. V Pre^^ident. Hod. James A. Beaver, {ex-ojjicio ) M. W. Oliver, Hon. James A. Beaver, C. C. Mussel man, E. Reeder, W. S. Roland, Vice Presidents. Dr. J. P. Edge. Executive Committee. W. S. Roland, G. Hiester, J. McDowell, N. F. Underwood. J. P. Barnes, J. A. Herr, T. J. Edge, {ex-officio.) Advisory Cornriiittee. J. P. Barnes, O. Hiester. Thos. J. Edge, {ex-ojficio.) /Secretary. Thos. J. Edge, Harrisburg. JBotanist. Thos. Meehan, Oerinantown. Pomologist. E. Satterthwaite, Jenkintown. Chemist. Prof. F. A. Genth, University of Pennsylvania. Consulting Veterinary Surgeon. Prof. R. S. Huidekoper, University of Pennsylvania. Veterinary Surgeon. Dr. F. Bridge, V. S., West Philadelphia. Microscopists and Hygienist%. Dr. H. Loffmann, Philadelphia, Prof. C. B. Cochran, We.t CheBtor. ^ Entomologist, Prof. W. A. Buckhout, State College. Ornithologist. Dr. B. H. Warren, Wast Chester. Meteorologists, Prof. 1. P. Osmond, State College, J. L- 1 roacock, Quakertown. Mineralogist. Prof. J. Willcox, Philadelphia. Geologist. Prof. J. P. Lesley, Philadelphia. Stenographer. Col. H. C. Demming, Harrisburg. f 4 Pennsylvania Boaud of Aoricultuke, MINUTES OF THE AN^NUAL MEETING, Held at Harrisburg, commencing January 26, 1887. Board called to order at 9.30, a. m., by Vice President M. W. Oliver '"pieseSrHon. J. S. Africa, Dr. E. E. Higbee Messrs. Atherton, Yonns, Dr. Edge, Garretson, Noble, Zerr, 8cott Brown Eves, Oliver, Mullin IliesteT,' Thornton, Wilson, Covin ^ngle, Laiitz Sm tl i, Cliipp, Musselman, Searle, Gates, Bnnnell, Underwo(id, Roland, and ^TheS-RETARY annouiiced that the terms of office of one-third of the members of the Board expired previous to this meeting and that from this cause their names were not called; nearly all oi then, had been re-elected and were present, and after the presentation of their credentials, would take part in tlie work of the meeting. The Chair named Messrs. Barnes, Gates, and Musselman a commit- tee to receive and report upon the credentials of members-elect and *^''o,fmorion, a recess was taken until the Committee on Credentials " cLinSe? J^'S^edentials reported that Messrs Painter of Arm- strong, Reeder of Bucks, Edge (T. J.) ot < ''^^^^tej-, McCracken o . e - ferson Barnes of Lehigh, McKee of Mercer, Ib.lla of Northumbei- knd Gundy of Union, McDowell of Washington, presented ciedentials showing that they had been property appointed by their respective county agricultural societies to represent them in '^'The'l'o.innittes also reported that a (.ertificate for M.. iu- 11 or of Schuvlkill was not in proper form, and, after discussion, the Secretary was directed to return it and lurnish a proper blank. The Comndttee fuilluM- rc.port,.(l the following delegates as present wit li i)r()per certificates : i t^ r «^/i n t? Kaxt Linn Grange, P. of H, No. ^7/.-Pennock E. Leonard, C. F. Granqe No. S53, {Huntington county. )-^h\^^ ^ ? i?, vn.lman Middletown Orange, No. 654.-A1 en Tomluison, John \\ ddman. Fulton Orange, No. 66— J. G. McSparran. Clarion County Pomona G'raw.^e— Henry Cyphert. Brandywine Grange, No. 60— H. R. Downing. Oo.shen Orange, No. 121-l^r. B. H. Warren. Huntingdon County Ponomo Orange— A. I. \\inte. StateJiorticultural Association— J ohu C. Kepler, H. fe. Lnpp, 11. C. Suavely, and Col. George F McFarland • fietls County Ayricultural Soctety—Geor<^e D. Stitzel, lobias ''''^nI:!Sa:.^ "PZiry Association-0. C. Biuney and Hon. J. ^Tancaster County Agricultural and IforticuU^aJ Society-C^^in Cooper, John H. Landis, Johnson Miller, W. IL BroMus. 4 QtiAKTERi.Y Report. Farmers' Protectwe AHsociafion of PMlaMpUa—M. Satterthwaite, S. N. Roland, 1. P. Thomas, and Jesse Wilson Chester Vounty Agricultural .Soc«e chair, who then addressed the lioard, promising them his hearty ';^»-'>f '■f.^"».^"^,;,^- sislance durimr his term of office, and regrettmg his inabilit> to p e- side at all of the sessions on account of the great pressure of official duty incident to the commencement of a new term ol ollue. On motion of the Secretary, the morning session was extended to one o'clock, so 'that the printed programme might be *"'"-;'*;\\;;'" ; On b.'half of the Committee on Farm iniplements and -^1'^ <^' ^ ' Mr. (iARHi.TSON of Adams, chairman, read the report of the commit t^ee, which, after dis<-ussion, was ordered to be incorporated in the pro- ''r;;;T:half'::i'.'he''committee on Useful P.irds, C. C. Musselman of^ Somerset, chairman, presented the extende.l and '''^'r';;-;,J]? .'[f.P^^'.^^;;' that committee, upon which discussion was 1'"^ P"« .\ ' ' ' '^^f, ,^ , ing session, and the report ordered t^) form a portion of t lie proceedings of the Board. ,, , „ ._,, nuAwmirp On behalf of the Committee on Fences and Fencing, Chandlee Eves of Columbia, chairman, stated that their rep<.rt was incorporat.M w[th that ofthe Committee on Legislation, so far as the same referred ^^^t^ESLrGoVernorBEAVEKnp„ouncedtliat..h.^^ Will P.. Powell, of Crawford, as a member ol the Board, to fill the ex- isting vacancy in the list of his appointees. I ( 6 Quarterly RiJPort. On motion, tlie ai)i)()intnient of the cliairnien of tlie stan(lin<>; com miltees of 1S87 was referred to the Plxeentive Committee. At a snb- sequent session tliis committee reported these chairmansliips, as follows : Legislation, Dr. J. P. Edge; Fruit and Fruit Culture, G. Hiester; Grasses and Forage Crops, N. F. Underwood; Forests and Forestry, Wm. Gates ; Apiary and Bee Culture, M. W. Oliver; Dairy and Dairy Products, E. Reeder; Useful Birds, C. C. Musselman ; Cereal Crops, J. A. Herr ; Roads and Road Laws, D. Wilson ; Wool and Textile Fiher, J. McDowell; Farm Implements and Machinery, L Garretson. They also reported in favor of establishing a standing committee on poultry, with H. M. Engle as chairman. The same committee also reported the following Advisory Committee and honorary ollicers : Advisorif \hmmittee — G. Hiester, W. 8. Roland, and^ J. P. Barnes. Botanist/^\\o\\v^^ Meehan, Germantown ; P^77?oZ^.^/6'^, E. Satterthwait, Jenkintown; Chemist, Dr. F. Genth, University of Pennsylvania; Consulting Veterinary Surgeon, Prof. R. S. Huidekoper, University of Pennsylvania; Veterinary Surgeon, Dr. F. Bridge, V. S., West Phihidel- \A\VA\ Entomologist, Prof. W. A. Buckhout, State College; Micro- scopists and Ilygieriists, Dr. H. Lelfmann, Philadelphia, and Prof. C. B. (\)chran. West Chester; Ornithologist, Dr. B. H. Warren, West Chester; Meteorologists, Prof. L P. Osmond, State College, and J. L. Heacock, (^)uakertOwn ; Mhiearologist, Prof. J. Willcox, Philadel])hia; Geologist, Prot. J. P. Lesley, Philadelphia; Stenographer, Col. H. C. Demming, Harrisburg. ♦ On motion, the Board then proceeded to decide as to the place of the next meeting, w hen Mr. Reeder named Bellefonte, and after dis- cussion it was decided to hold the spring meeting at Bellefonte, at a time to be tixed by the resident member and the Advisory Com- mittee. New business })eing in order, Rev. AV. L. Bull explained the pro- visions of an act relating to ^^ Wayfarers' Lodges,'* which he ])roposed to introduce into the Legislature, and u])()n which he wished the in- dorsement or opinion of the Board ; after discussion, the matter was relerred to a s])ecial committee, consisting of Messrs. Wilson, McKee, and Reeder, who, at a subsequent session, submitted the Ibllowing re- port, which, on motion, was adopted by the Board: '^ Your committee, having examined the draft of a bill ])resented by the Rev. Mr. Bjdl and others, entitled '^An act to provide for the tem- porary care and em]>loyment of wayfarers," and fullv realizing the seri- ous effect ol' the trami) evil upon the well-being of the community at large, recommend the following resolution. Resolved, That the members of the Legislature be earnestly re- (juested to consider the advisability of framing a new tramp act, wdiich shall embody the ])rinciple laid down in the draft of the ^'wayfarers' lodge Inll," which is that no assistance should be granted the vagrant or tramp without something in the shape of work being exacted in return therefor, which shall accrue to the benelit of the ])ublic." (Signed,) David Wilson, RORT. MclvEE, E. Rekder. On motion, adjourned until 2, p. m. Pennsylvania Board of Acrk^ilture. T Wednesday Afternoon, January ^^, iSSl . Board called to order at 2, r. m., by Dr. J. P. Edge, Vice President '^? W^ OuvER read an essay in answer to the question, - Does Farm- in'' Pay 'in Pennsvlvaniar The subject matteyjt which was discus^^^^^^ by Messrs. Dr. Edge, Wilson, Gundy, Oliver, Whitmer, Searle, Smith, liirncs Brosius, and Secretary. _ _. i i i. rSATTOwuTveacl an essay on "TIk; Ti.nl.o,- Question and what Trees to Plant," which was discussed by Messrs. Hess, Searle, Dr. Edae Roland, Oliver, and Binney. ^ i i Messrs Hess and Binnky announced that they were present as dele- gates ft' mte Pennsylvania Forestry Association tor the P>'ri.ose ot Sx )lai. in- two drafts of acts which they proposed to submit to the Le s Iture, and upon whi,-h they wished to obtain the advice an. oph on of the B.,ard. After discussion, the delesati.ni were reterrcn to Z Committee on Legislation, who were directed to make a report ''ireS'^tled "Retrospective," prepared by the Secretary was theiiread by Mr. Hiestek, and discussed by Messrs. Underwood, Dr. ^^^ On mo?io^n"of Mr. Baknes a conunittee of three, consisting of Messrs. II , L Clapp and Herr, were appointed to draft and present lor con- 8&e,4'tk. resol" tions e^ressive of the sense of the Board m relation to the death of W. C. Packer, late member from ^orthun.herlan.l After answering sundry ((uestions which had been sent to the Sec- retary, the Board adjourned to meet at 7.30, p. m. Wednesday Evening, January 36, 1887. Board called to order at 7.30, p. m., to hear an address by Dr. B. IL Warken, initliolog^^ of the Board, on the "Food of Hawks and ^ After the close of the adi I /<■ coiirolirs in relation to the tetal "V'-'- ,f 1'- foxe "n" ks June 23 1885, "for the destruction ot wolves, xuld-cats, toxes, muiKs, l,.,wU« wpasels and owls in this Commonwealth. ,„ , ^ . ''MrNoTE of Bedford read the resolution of Be.l ord Coun y TWnia Grange against the repeal of the law. Colonel H.C. Dem- l^^r^tiCr^^^ne^ioi the Secretary, read letters from Daniel Steck 3 Geor "e Snvder, the former against the repeal of the law, ami the latte? in favor of repeal. C. F. Wickersham, delegate from Chester lount^reSi: short ^ssay against the repeal of t'- a^t am 1 sub ject was declared open for general »r thp Bmrd onlv; then by the audience. , , ,> i ■^ *' «? A V to the repeal of the whole law by the Board, and then a similar vote by the andienee. T)r T V EnoK oirered the I'ollowing: i • i ^ /^Jfo'rf ' ' at for the protection of useful birds and annuals re- Jie.mtea ' •' ^^ wholesale destruction suffered under tlie opL'ilon'oi whatYs^.m.wn:s " scalp law," and also for the pro- II !l 8 Quarterly Report. tection and relief of the county treasuries, the General Assembly be re(iueste(l to favorably consider the act presented by tlie Committee on Legislation of this Board. After discussion by Messrs. Searle, White, Musselman, Wilson, Colvin, Rice, Dr. Ed^e, Smith, Henderson, En^le, Gundy, llerr, Isenberg, Warren, and Secretary, Dr. Ed^e and Mr. Gates were ap- pointed a committee to drait a bill exi)ressive of the wisli of the Board, as indicated by the subsequent vote, and present the same to the Legislature for its action. After a standing vote had been taken upon eacli phase of the ques- tion, tlie Secretary announced the result as follows : Vote of the Board on the repeal of that portion of the act referring to hawks and owls— For repeal, 21 ; against repeal, 1. Vote of the Board as to the repeal of the whole act— In favor, 18; against, 1. Vote of the audience as to the repeal of that jwrtion relating to hawks and owls — In favor, 37; against, 2. Vote of the audience in relation to the repeal of the whole act — In favor, 25; against, 1. On motion, adjourned until 9, a. m., Thursday morning. Thursday Morning, Jamiary ^7, 1887. Board called to order at 9, a. m., by M. W. Oliver, Vice President, in the chair. Mr. Noble read a series of resolutions from the Bedford County Pomona Grange, and from Bridgeport Grange, No. 002, which were re- ferred to the Committee on Legislation. The Secretary presented the preamble and resolutions of Freehold Grange, (Warren county,) in favor of the repeal of the ''scalp law," which were referred to the Committee on Legislation. On motion of Mr. Engle, it was decided to appoint a standing coin- mittee on ornithology, with Dr. B. H. Warren as chairman, with power to make u]) the committee. Rei)()rt of the special committee on the bill establishing wayfarers' lodges was presented, and discussed by Messrs. Searle, Oliver, Dr. Edge, Gundv, Wliitmer, Garretson, McDowell, Musselman, Scott, Bulb Wilson', Noble, Young, Smith, and Hiester, and adopted. The special committee to whom was referred the (piestion of dam- ages done to public t)ridges and culverts by traction engines, made a report in the form of a draft of a bill for an additional section to the act of 1885. and Mr. McDowell was appointed to present the same to the Legislature. On motion of Mr. Beeder, the regular order of business w^as taken uj), and Mr. Searle read an essay on ''Irrigation." On motion of the Secretary, Dr. Calder then read an essay on ''Fruit Culture.'' Mr. IIiKSTKR then read an essay by H. M. Wise, (wlio was unavoid- ably absent.) on *' Wlieat Raising;'' the subject-matter of which was discussed by Messrs. Powell, Whitmer, Rohnid, Searle, Kngle, lioffa. Young, Wilson, Scott, Oliver, Herr, Colvin, Zerr, and White. His Excellency Governor iiKWioK presented an invitation from the New York Dairymen's Association to appoint delegates to rei)resent Pennsylvania at the approaching annual meeting of tliat association, and requested the Board to suggest the names of such delegates. On Pennsylvania Board of Agriculture. 9 motion of Dr. Edge, the PresidcMit and Secretary were requested to furnish names of suitable delegates. ^i-'"'»"»fly:i;J;P^^ ^ 'Resolved, That this Board request the ,LeSislatureot to repeal the act known lis the "Oleomargarine Law;" adopted unanimousfy. On motion, adjourned to meet at 7.30, p. m. Thursday Evening, January ^7, 1887. CalhMl to order at 7.30, p. m.. by M. W. Oliver, Vice President, in %on'"ionvW ITi.KMNN addressed the Board upon the subject of " lb" t Wn" up a Worn-out Farm by the Use of Commercial Fer- tii/ersAl e"a d the remai.uler of the session was devoted t^ a coSete and'tlH.n.ugh discussion of the fertilizer question in all ot its • ^^Ad^'med to meet at Bellofonte, at the call of the Advisory Com- mittee. li 1 10 Quarterly Report. THE DUTIES OF ADJACENT LAND OWNERS WITH KEGARD TO DIVISION FENCES. By Hon. A. N. Perrin, Titusville^ Pa, Mr. President and Gentlemen of the State Board of Agriculture : In respectful obedience to your request, 1 will present, as brieily as may be, some remarks on ''the Rights and Duties of Adjacent Land Owners with Regard to Division Fences." There was some very earUj legislation on the su])ject of the rights and duties of the possessors of adjacent lands, and while the acts to wliich I refer may not be found in what may be termed '' the books," yet I believe them to be wholesome in their provisions, and they are so acknowledged, for the same or like principles are embraced in all subsequent legislation. Let me quote, for instance, ''Thou shalt not remove thy neighbor s landmark whicli they of old time have set in thine inheritance," * * And again, "Cursed be he that removeth his neighbor's landmark, and all the peo])le shall say, Amen." And why should not the echo of this ancient " amen " to those senti- ments be taken up and sounded anew through the ages, for it is ever true, that the safety of society and the welfare of individuals rest largely upon the proper acknowledgment and peaceful enjoyment of rightful possessions. . • i • i In order, however, to discover an answer to the question in which we are more immediately concerned at this time, w^e will pass directly to its consideration. What are the rights and duties of adjacent land-owners, with regard to division fences^ Between owners of adjacent lands, that which is rUfht for one to reijuire it is the diiUj for the other to perform. The view taken will l)e that of the legal obligation of owners of adjacent lands to make and maintain division fences, which obligation rests mainly on positive enactments of the Legislature. At common law, the tenant of a close was not bond to fence against an adjoining close, but he was recpiired to keep his cattle within his own close; every in- trusion by them upon another's possession was treated as a trespass. Gregg vs. Gregg, 55 Pa. St., 227. . • i . However, at an early day this general rule was changed in what was then the Province of Pennsylvania, by statutory enactment im- posing upon landowners new duties in reference to fences along the highways, and also partition fences between owners. In 1700, an act was passed for regulating and maintaining fences, which reads as follows: "For preventing all disputes and differences that may aris(^ through the neglect or insufficiency of fences in this Province and counties annexed: Be it enacted. That all corn-licdds and grounds kept for inclosures, within the said Province and coun- ties annexed, shall l)e well fenced with fence at least five feet high. and of sufficient rail or logs, and close at l)ottom." * * If we iT)iTowed out that i)ortion of this act affecting fences along the high- way, it would lead into the law as to cattle running at large, strays, fence-viewers for those purposes, &c., but we leave tiiis as not being . Pknnsyi.vania Board of Agkiculture. 11 emi.raced in the term division fences. That poiiion o<' t^.e act whi.h rpl'ites directly to the question under consideration, will be loun(l in he sec,M d seSion, and in the tollowins words: " And ior the better a certaininf. and r^sulatinj; of partition fen,.es: Be ^t f^rihe^nactef That where any neifihbors shall improve ands adjacent to 'ach other or where any person shall inclose any land adjoining (. another s land a ready fenced in, so that any part of the lirst person's ience becomes U "partition lenc'e between then, in both these cases, '^ clmr,e of such division fence (so far as in.dosed on both sides) shal be equallv borne and maintained by both parties." The general ^^^^^-^^}^ law remained in force for almost iive seneralions, namel.N, till IM-. In the meantime, however, the Legislature passed various enactments toiichin^^- the matter in question. .. For ".Stance, in 17S1. a law for regulatius party walls and partition fences in the city of I'hiladelid.ia, which was amended m 1 (hi, .md Sin 805. ^n ITii) and 17<«, acts were passed bearing more Trectly on what sh(,ul;..';; ' I deem it no part of mv duty to extend research in that diie.tK.t . i3esidS, if I did, I would be liable for a trespass upon your time and could not present any sufliciency ot defense. That which seems to have been regarded as a clear and jtpro^ vision relating especiallii to division iences in the act of 1700, 'ilre^tjy ^uS was reei/acted o(i the 11th of March, ISff' ^^^^ ^^^^f^^^^^^.S changes in phraseology are introduced, it might be well to present the principal section here : w„ ^.,^i. r^fV,or " When any two persons shall improve lands adjacent to eaci other or where an v person shall inclose any land adjoining to anoliier si. 1 already fenced in, so tliat any part of the first person's fence become the partition fenc^ between 'them in both these cases « h" .•l.arg<. ol such division fence, so far as is inclosed on both sides, shal be equ.dl> Wne and nu.in.ained by both parties.". The ''7g<'"}f/^/«^ '^J, • the law we have on the subject of the rights and duties ol adjacent nd-mvners with regard to'division fences, except in .«"'"^' "'^X^i of local applh.ation, and unless in fase where the divisio line shal be of water, it would seem sutlcient, plain, and jus . ^ ' t lu ques tion settled that improved fields of adjoining "^\'' \'^,;'';^ , ' fiJ^^'fifj and that the owners oi partition fences shall f""'"''"<^« ^'i ''',''>'? .'*^ e^nense we will inquire: (1.) What is required to cons Hut e a lega fS (I) What provisions are made for adjusting d.llerences tha ma ariie Concerning partition fences between ^^^f^;.'* H; 'l^^.^ lui'ds- and lastly, what are some of the more lnaportantdecl.lon^ made asc^'et.ai.rtheTrecL legal regnlaticms as to hei.hj and manner olcon^ struct ion of fences throughout the Commonwea th. A full htatemeiu wo 1 eciuire a careful ^xannnation of the local lawsof every county We note, however, some of the more i.nportant changes, illu>trating (I 12 Quarterly Report. the differing standards of a le^al fence — enough, I trust, to serve the purpose and accomplish the object of this paper. For example, by the act of 1700, of Luzerne. Tliere are now in all sixty-seven counties. Thereiore 1 will onlv repeat what I have before said, that the local laws of each county, and even townshii>s of the same county, nuist be examined to deter- mine an answer to the ciuestion of what conslitutes a lejial lence, as to that particular locality. Boroughs have also special authority to regulate i)artition fences within their limits. . Next where differences arise between owners of adjacent lands, ■with regard to division fences, what provisions are made for their set- tlement'^ Originallv, by act of 1700, each county <;ourt was required to ai>i)(.int " so many honest and able men as they shall flunk lit, for the purpose named, and then the act of 1784, as to that i.ortion of^tlie State covered by it, provided for annual elections by the freeliolders, of fence-viewers, to whom differences should be referred, which power was again, bv act of 1808, re-delegated in part of the courts • But not to follow all' the changes that may have occurred under this lead, 1 will now refer to the statute passed Manh 11, 1842, which makes tlie township auditors perform the duties of fence-viewers. A majority of the viewers in any township constitutes a quorum, and a refusaf or neo-lect of any viewers to act or perform the duties prescribed l)y law, will subject him to a fine of three dollars, for each refusal or neglect, payable to the party aggrieved, provided such refusal is be- tween Ai>ril 1 and November 1, as at other times in the year tliey are relieved from action. After notice is given to the viewers the form of which is not defined, they " shall, within five days t^hereaiter, view and examine any line fence as aforesaid, and shall make out a certih- catein writing setting forth whetlier, in their opinion, the ience of one has been already built, is sullicient; and if not what proi.ortion of the expense of building a new or repairing the ol.l fence sliould l)e borne by each partv, and in each case they shall set forth the sum, which, in their judgment, each party ought to pay to the other, in case lie shall prepare or build his proportion of the fence, a copy of whicii certificate shall be delivered to each of the parties; and the said viewers shall receive the sum of one dollar for every day necessarily spent bv them in the discharge of their duties, which they shall be entitled to receive from the delinquent party, or in ecpial sums from each as they siiall decide to be just." .,. , ^ ., . IfthedeliiKiuent party "shall not within ten days after a copy of the certificate of the viewers shall have been delivered to linn pro- ceed to repair or buiUl the said fence, and complete the same in a rea- sonable time, it shall be lawful for the parties aggrieved to repair or build the said fence, and he may bring suit before any justice of the peace or alderman against the delin-pient party, and recover as in other actions, for work, labor, service done, and materials found; and either party may appeal from the decision from the justice or alder- man, as in otlier cases." , 1- • • „ „,, I find no distinct proVision in the ttatutes for a sub-division or ap- portionment of division fence, nor for re adjustment in case of transfer of portions of the land to different persons. . Many times in actual i)ractice it is the custom of adjoining owners to agree uixui a si)ecifir half of tlic division fence to be k(M>l "P '.v each This would seem to be a proper plan were no changes to be made involving a sub-division of the land, but ^d.anges will occur l>y sale, inheritance, and otherwise. This necessitates another theory. In a case decided in 1845,2 Pa. St., 127, which passed upon the acts of 1700 and 1842 the court says: "The act of 1842 sanctions the practice 14 Quarterly Rkport. lit of Peniisylvajiia under (lie act of 1700. Tliat practice was that when- ever persons used a common fence, each was ])()und to pay a moiety of the cost of its erection, and each was bound to maintain it, each had a common advantage, and the fence was equally benelicial to both." That construction meets all cases, for no matter what changes oc- cur or who happen to become adjoining owners, each must contribute one halt the cost of keeping up the entire fence as between him and the person who happens to be his neighbor. The ownersliip of an in- terest in the division fence passes by a sale of the land as part of or ap])urtenant to it. These two principles pass on together down through all changes of ownership. As to the original buihling of a fence, in which two are to share at the time, the decisions seem to indicate that in case of failure on the part of adjoining owners to agree, or of either to do his part, one of them may build a half, and require the other to build the other half in distance, and if he fails to do so within reasonable time, may hold him accountable in case of damage, or one may build the whole fence, and compel his adjoiner to pay one half the proper expense, and when once built and paid for, the whole fence is owned jointly by both. Kander vs. McCreight, 27 Pa. St., 96; Rohrer vs. Kohrer, 18 Pa. St., 867; Painter vs Reese, 2 Pa. St., 127. By act of March 3, 1847, the duties of fence-viewers, imposed upon township auditors, were extended and imposed upon borough auditors ; and it would seem that the Legislature intended such duties should be performed in cities of the third class by the city engineer, by act of May 23, 1874, section twenty, clause forty-seven, while in the county and city of Philadelphia the act of 1862, as amended in 1865, and again ill 1870, the building inspectors are fence-viewers, and settle questions of difference between adjacent land-owners with regard to division fences. Having the question settled as to what in law is required to consti- tute a legal fence, and having also gained a knowledge of how to pro- ceed in case disagreements arise between owners of adjacent lands regarding division fences, we now present some of the decisions of the courts upon the meaning and intent ol' the laws under consideration. Almost all conceivable questions have been presented as to wliat are the rights and duties of men, even under what would be termed a plain and simple law. It has been said that '^ law governs man, and reason the law," and while I am cpiite convinced of the reasonable- ness of the laws pertaining to the subject under consideration, yet, ac- cording to the records, it has been no easy task to govern man. At this point it seems proper to define what is meant by improved lands. There seems to be two standards of decisions, one is a])])lied to taxes on improved and unimproved, or, as they are called, '-seated and unseated lands;" the other, as applied to division fences. In the case of taxes, a plain, visible improvement upon the part of the tract usually brings the whole of that particuhir tract or piece on to the seated or improved list; while, as to fences, there must be an improvement, clearing, cultivation up to the boundary line. In Palmer ?'^. Silverthorn, 32 Pa. St., 65, it was decided that one of the own(M-s of adjacent mi? m /)roved \ands cannotcixW upon the other to contribute to the charge of a division fence between them, and that the act of 11th May, 1842, is only a])plical)le: (1.) To the case of adja- cent owners improving their lands up to and adjoining each other^ or Pennsylvania Board of Agriculture. 15 (2,) to one clearing up to the inclosure of a prior occupant, so that - any part of the first person's fence becomes the partition fence be- tween them." , ,.^^.1.1 1 ^u^/i It has also been decided in Rangier vs. McCreight, already cited that adjoining land-owners may agree not to make division ience it they so elect, and yet they are liable, the one to the other, lor dam- age that may arise thereby; or where one party puts up a partition f^nce for one half the distance between himselt and his neighbor, who refuses to complete the same, he is not liable for trespass upon said neighbor's land should his cattle go thereon. , ^ , , Also, in Smith vs. Johnson, 76 Pa. St., 191, that when, by agree- ment, a partition fence has once been built on the line, neither ol the adjacent owners or occupants subsequently building a Ience entirely on his own land, is authorized to remove any portion of the line ience previously erected, as the materials are dedicated to the rea ty ; and vet, if one party unlawfully remove a partition fence, placing it wholly on his own ground, his neighbor, if he build up to it, will be liable for trespass, because it has ceased to be a partition ience and he goes on his neighbor's land to make the connection But no hing can take away the right of '' an occupant to place his ien^^e exactly on his boundary, in anticipation of its becoming a division ience, and, consequently, as much on his neighbor's land as on lu^ own His oc- cupancy of so much of it as happens to be necessary, like Hk^ posses- sion of a tenant in common, is not adverse, but lor the benefit ot both." Dysart vs. Leeds, 2 Pa. St., 490. c. ^^ a ^x. • • ^4- In the case of Stoner .... Ilunsicker, 47 Pa. St 514, the opinion of Judge Agnew is expressed in such clear terms that I can do no better than to reproduce a portion bearing upon the rights and duties o ad- jacent owners of land regarding their division fences. A fence is • the subject of legal duty and legal protection ; a barrier erected as a land- mark of boundary, a protection of property, and a ^^a"%^/ P^^^^" ing the peace of society. * * * Fences are a part of the realty, and become affixed to it, so that they are no longer transitory as per- sonal estate. They pass by a sale of the farm as much as the sol it-^ self. The building of a boundary fence is, therefore, a dedication o the materials to the realty, * * * and cannot be removed at ^'^ An occupant, however, is not bound to jr)in in the erection of a fence on the division line. He may set his Ience, if it please him, not on the line of division, hut within it. and may refuse to permit he owner of the adjoining land to join him, and thus compel his neighbor to make a fence to protect himself. . .^^^^.^ This may be done in case of the destruction of the division fence by flood or otherwise, or by the abandonment of his ownership in the di- vide nf^nce. Painter vs. Reese, 2 Pa. St. K, 12(> ; Dysart vs. Leeds, In the exercise of this lepal right, men have often resorted to the use of power granted under the law for unworthy purposes 1 etty uarrels between neighbors, and often between niembers of the same family, are handed down from one generation to the other and, as an evTdence of malice and fully, one will someli.nes sec parallel ienc-e^, one on ea.d. side of the line, with barely enough space between them for a person to pass, and dedicated to no use ^vhatever, but only serv- ing as a mark of shame to him who would thus perpetuate the evi- dence of such a resort for revenge. This, of course, is an unwarranted >i\ llll il I 1Q Quarterly Rkport. exercise of a legal rireciated im- provement as thev do in the West. Mr. Beebe of Venango. Perhaps it is not a legal fence. Mr. Sprout of Lvcoming. I must say that I believe the worm fence is barbarous, and that the best rail fence now made is ])arbarous, that they are both a great way back; and if we do not consider that we have made anv improvement, or hope to improve;, we shall iiave to continue with the old barbarous system of taking up laiul, whicli makes a hedge row for weeds, and a har])or for vermin, both of which jire nuisances. The Western people have adopted, in spite of opposition, the barbed wire; and I am told by persons from the West that they are pleased with it, and are going to adopt it universally. While m Pennsylvania we read articles that the barbed wire is barbarous, and cannot })e tolerated. Matches will burn buildings; water will drown people; aiul a great many things we can think of will do damage; l)ut we can keep awav from them. But I am satisfied, with the ex- perience I have had, that the l)ar])ed wire fence is the best by far for the farmer. j t i. In my experience with unruly cattle, it is a perfect remedy. Let an unruly animal once get a taste of the barb, and he will not attempt it again". I am going to put up two miles of this manufacturing com- pany's barbed wire. THE FENCE LAWS OF PENNSYLVANIA. By lion. iiENRY M. Seelev, of the TwenUj-Hecond Judicial District of Pennsylvania, Read at the Jlonesdale Meeting, I sylv have been requested to speak, not upon the fence laws of Penn /ania in general, but only upon a single feature of those laws. mil i^ II 20 Quarterly Report. In June, 1885, the Legislature of this Common wejilth passed an act repealing \\w iirst section of the act of 1700 relating to fences, and providing that this repealing act should not take effect in any county until it has been ascertained that the provisions thereof are deemed ex])edient, and desired therein, by an election to be held as therein directed. I was invited to say something to you with reference to this act, and its effect in counties where it might become operative. The duty to maintain line or partition fences is no part of the sub- ject-matter of the section to be repealed, and is not jjresented for our present consideration. 1 purpose, in a rapid review of the history of this subject, to in(iuire as to the common-law rule regulating fences; under what circum- stances, and when tirst, a different rule came into effect; following the course of the legislation upon the subject in the Province and kState of Pennsylvania; considering what portion of the first section of the act of 1700 is now in force, what it accomplishes, and what change would result from its repeal. The very idea of separate ownership of land implies exclusive right of possession. No other person may enter upon it without the own- er's consent; hence it is said that every man's estate is encircled by an ideal or imaginary fence, reaching from the surface ux)ward to the heavens, and downward to the center of the earth. Every man is bound so to conduct himself not only, but so enjoy his x>roperty, as not to injure tliat of another. So it was that if one permitted his cattle or his servants to trespass upon the lands of an- other, he must respond for all damage done. The ideal fence erected by the law was, in theory, as secure a protection as any actual fence could have been. The tirst law governing this question, to which I direct your atten- tion, is found in the Second Book of Moses, commonly called the Book of Exodus, in the twenty-second chai)ter and fifth verse, as rendered in the newly revised version, where we read : '^If a man shall cause a field or vineyard to be eaten, and shall let his l)east loose, and it feed in another man's field, of the best of his own field, and of the best of his own vineyard, shall he make restitu- tion.'' This was the common law of England. The duty was upon the owner of cattle to restrain them from injuring his neighbor ; not upon the cultivator of the soil to protect his crops against his neighl)or's cattle. In England, this general rule was subject to qualifications in its ap- plication. Sometimes, by prescription, a man became cliarged with the duty of maintaining a fence around his field. (See Coke upon Littleton, 283.) Sometimes Parliament, in providing for the division of common lands, directed how and by whom fences should be main- tained. (See form of idea averring such an act in Wentwortirs Plead- ings, vol.8, pp. 36-37, (fee.) Whenever, in anyway, the individual be- came responsible for maintaining a fence about his own field, he was not permitted to recover against another damages which could only occur by reason of his own neglect to maintain Ins fence. This protection which the common law furnished land-owners, seemed exceedingly burdensome to some of the early settlers of the American Colonies. Cattle were permitted to range at pleasure through large tracts of unimproved land, cultivated fields were com- Pennsylvania Board of Agriculture. 21 paratively small, and the custom arose of settlers combining to inclose in common, by one exterior fence, lands for cultivation, so protecting them against the danger of injury from wandering cattle. This was a reversal of the common-law rule, and substituted a ma- terial for an immaterial fence around cultivated fields. Originating in the voluntary act of neigid)ors, it came to be recognized and regulated by law, and was the first step toward the compulsory fence law as we have it to-day. When first it was so recognized and regulated, I do not know; but in lf)()4, in a digest prepared under the authority of His Royal High- ness, the Duke of York, of laws ^'collected out of the several laws now in force in llis Majesty's American Colonies and plantations," we find the following : ''Every person interested in the improvement of common lields inclosed for corn or other necessary use, shall, from time to time, make and keep his part of the fence sufficiently strong and in con- stant repair, to secure the corn and other fruits therein, and shall not ])ut, cause, or pernut any cattle to be put in so long as any corn or other fruits shall be growing or remain upon any part of the land so inclosed, uidess bv some general expressed agreement of such as are interested." (Duke of York's Laws, p. 15.) Also the following: ''And when lands lie in common, unfenced,if one man shall imi)rove his land by fencing in several and others (one or more) shall not, he who shallso improve 6'/iaU semire his land from other merits cattle^ un- ruly cattle excepted, who shall compel no man to make any fence with him except he also shall improve in several." {Id, p. 16.)^ Here is a compulsory fence law, and a provision that only owners of adjoining improved lands can be compelled to contribute to the erec- tion of line fences. On the '25th of September, 1G76, by an ordinance promulgated by Governor Andross, these laws were put in force upon the Delaware river and its precincts, (^i., 455,) and were in force when William Penn received his charter, in 168L In the " Bodv of Laws of the Province of Pennsylvania and Territo- ries thereunto belonging. Past at an Assembly held at Chester, alias Upland, the 7th day of the 10th Month called December 1682,'^ under the Proprietary this matter of fencing was very summarily disposed of in cha])ter XCI, as follows: ^^That all corn-fields shall be fenced, and all fences shall be at least five foot high, and for default thereof such person shall be fined at the discretion of the Count v Court." {Ih., p. 136.) When, by the suspension of William Penn's authority and the com- mission to 'Benjamin Fletcher, the laws adoi)ted under Penn's govern- ment were abrogated, this law relating to fences was considered ol sufficient importance to be included in the petition of right ])resented by order of the General Assembly to Governor Fletcher asking that certain of the fence laws be approved and put in execution, and it was so ap])roved. ( fh,, p. 188, cVc., p. 551. 1 Smitlfs Laws, IV-VI.) In 1700, shortiv after William Penn's return to Pennsylvania, the act was passed the repeal of the first section of which is now pr()i)osed. It was the natural sequence of the laws to which I have already alluded. It assumes the duty of owners of improved lands to fence them, and ])uri)orts to be "for preventing all disputes and differences that mav arise through tlie neglect or insufliciency of fences in this Province," &c. It first requires that all corn-fields and grounds kept 22 Quarterly Report. Pennsylvania Boa d of AoRicuLTrRE. 23 II for iMclosnres sIl'HI l)e well feiiccMl; second, ])rescri))es what shall con- stitute a suiticieiit fence; third, renders the hiudholder liable lor dam- ages to cattle occasioned by driving them out of fields not ienced as required; lourth, provides for the collection of damages by the land- holder against the owner of cattle which may occasion injury to fields inclosed as required. This section was subsequently qualified, iirst, by the act of 17th of October, 1701, repealing the act for the rest rain- ing ^^.. ^Y^^^^ referred to in the act of 17()(); second, I) v the act of JOth of May, 1729, for the erection of pounds, 1)y the sixth section of which so much of the act of 1700 as prescribes w'hat shall constitute a lawlul or sulhcient fence is su])plied by a new and different provision • third, l)y the act of 4th of March, 1703, concerning horses and sheep trespassing wit bin this Province, which provided a dilferent proceeding for the ascertaining and collection of damages occasioned by horses or sheep l)reaking into inclosures. Such was the condition of this legislation at the termination of our provincial history. When, in 1776, the Province of Pennsylvrtnia, with others, asserted its independence of the British crown '^^all au- thority being in any person under said King consefpiently ceased," * * * and '^the laws enacted by his representatives here became of no force or effect." It was, therefore, enacted bv the General Assembly of the State of Pennsylvania on the 28th of January, 1777: ''That each and every one of the laws or acts of General Assembly that were in force, and binding on the iniial>itants of the sai'd 1 rovmce, on the 14th day of May last, shall be in force and ])inding on the inhabitants of this State from and after the 10th day of Febru- ary next, as fully and effectually to all intents and purposes as if said laws and each of them had been enacted bv this General Assembly " (1 Smith's Laws, p. 429.) Only so much then of the act of 1700. as was in force on the 14th day of May, 1776, unsupplied and unqualified by subsequent legislation, received the sanction of the State Govern- ment and became at all operative as a law of the State, and such i)or- tion derived its authority, not from its original enactment in 1700, but from its reenactment in 1777. By the act of 13th April, 1807, the acts of 1729 and 1763 were ex- pressly repealed, so far as they affected the counties of Philadelphia, BucJys, Chester, Northampton, Wayne, and Delaware; and this act of 180i has since been extended to other counties in the State. Ihe act of 13th April, 1807, supplied the provisions of the act of 1763, for the collection of damages occasioned l)y stray cattle, horses, or sheep, but it did not supply that part of the act of 1729 which pre- scribed what should constitute a lawful and sufficient fence. Ordi- narily, the repeal of an act which, like that of 1729, had repealed or sui>i)lied the provisions of a former act, would revive the provisions of such former act; but such revival implies i)revious life and ellicacy, and these provisions of the act of 1700, defining what should consti- tute a lawful fence, not being in force on the 14th of May, 1776, re- ceived no sanction under the act of January 28, 1777, and\iever pos- sessed any vitality under the State government. It was not, therefore, a subject of resuscitation, and the repeal of the act ot 1729 left us without any statute prescribing the height and requisites of a lawful fence. This, perhaps, is not of great importance, because, in 1795, while the act of 1829 was in force, it was ruled by Judge Addison that, indepen- dently of (he statute, an action of trespass would be to recover dam- ages occasioned l)y cattle entering an inclosure, although the fence might not conforn'i to the requirements of the acts of Assembly, it* the fence were such as would be called neighl)()rly, sutlicient to keep out cattle not breeding. (Adams vs. McKinney, Add., 258.) And since the act of 1729 was repealed by that of 1807, it was ruled by Judge Elwell that the fence necessary to sustain such an action is such a fenc^e " as farmers of practical knowledge and experience w^ould consider sufficient to ])rotect their crops from injury from usually orderly cattle." (Pace vs, Snyder, 30 Leg. Int., 381.) The fact remains that the act of 1700 requires every man to fence his ''corn-fields and grounds kept for inclosures," and this, after all, is the important pivotal fact upon which the matter we are consider- ing turns, and upon which the repealing act of 1885 was undoubtedly intended to operate. As I have already said, it was the law in England that wdienever it became the duty of a man to fence his grounds, he could not recover damages which occurred by reason of his neglect to fence, and in the case of Gregg vs. Gregg, which originated in Damascus township in this county, the Supreme Court of this State distinctly recognized the common-law rule, which required every man to restrain his own cattle, and held him responsible for their intrusion upon the land of another, and recognized also the qualification of that rule already mentioned, and ruled that hecmise the act of 1700 imposed upon every man the duty to fence his improved lands, one could not recover for damages occasioned bv stray cattle to lands which were not fenced. (Gregg vs. Gregg, 55'Pa. St., 227.) The act of 1682, not having been in force on the 14th of May, 1776, could not be revived by the repeal of the first section of the act of 1700, but we should V)e remitted to the com- mon law rule, and every owner of improved lands would be entitled to rely for ])rotecti()n upon the ideal fence which the law erects around his possessions. Every owner of cattle would be required to see that they did not trespass upon his neighbor's premises, and would be held responsible for any damages arising from his neglect so to re- strain them. The statutory rule to be repealed, and the common-law rule to be restored, are the exact opposite of each other. The statute says, if you desire protection against your neighl)()r's cattle — fence them out. The common laws says, if you desire protection against liability for damages, caused ))y your 'cattle trespassing upon your neighbor's laml— fence them in.' Which rule is more desirable in such a com- munity as ours, is for the people to judge. I am not here to advocate either' side of the question. If the common law rule shall prevail, (and upon principle this is undoubtedly the rule, unless circumstances render it l)urdensome or inconvenient,) then you may throw down your fences and cultivate your lands close up to the public highways. No more noxious and unsightly weeds and bushes may be seen along the roadsides through your farms. Subject to the public use for pur- poses of highwavs, yon have the right to use and enjoy the strips of land. In cases where this has l)een tried, this result is said to add inuch to the attractiveness of the country in appearance, besides bringnig into use no inconsideralde amount of land, which had not sim])ly lain waste, but had furnished opportunity for a i)n)litic growth of harmful weeds. Whether it will, upon the whole, permit a saving m the general expense of fencing, and operate to the advantage of the com- munitv, vou farmers must judge. 24 QlTARTERI.Y RePORT. n thl oi /I'l^r"-*"^^ discussed this question upon the assumption tl,at the ad. ot 1885 IS constitutional, and in itself complete, so as to efiect what suppose it was intended to-as sin.ply submitting to the peop o the option of remainm- under a compulsory fence law, or restor ns; lie common law rule. I have done so in order distinc Iv to present the issue which I supposed you desired to have me present But I ought not to leave this subject without calling attention to what seems to me a material defect in this act of 1885 Jlie act of 1807 relating to strays is the onlv existing act, I think which makes special provision for ascertaining and securing he Via - ages occasioned by stray cattle. It is the only act whi,'!, gfves in ef- iect, a hen upon such strays and permits them to be detained until the damages occasioned by them are paid. This law was passed with reference to the conditions existing at the time. Bv the repeal of^the ftrst section of the a^ct of 1700, it w<.ul,l become substantially a nullit 1 provides a remedy incase one iinds stray horses, cattle, or sheei^ upon his 'improved and inclosed" land. In the 'appraisement oY damages it requires that the appraisers shall have due regard to the sufficiency of the fence. What, then, shall be the remedy where crops owne,T "w.'"rf uf^ r ^"'r^'^ .'•>' ^'"^ *^^"'« «<• an irresponsible ownei i AV hat shall be done where injury is occasioned bv stray cat- !>il? /I" "" ;"own owner? I would suggest that, in .,nler to accom- K M 700 l*"'"i;o.^«^ intended by the repeal of the first section of the act of 1700, something further is needed, some legislation akin to that JnH ,-f • f"^' ^"^ '^'■^^'''' ^^Y"^ '''•''" '"' "*l='l>f«^l to the new conditions, and It IS for you to consider whether it would be prudent to throw down your fences until you shall receive the protection of some act of this character. .i.f ' *°/'''' constiL^utionality of the act of 23d June, 1885, the occasion- does not require of me the expression of an opinion— nor do I think such an expression would be entirely proper. An act of the Legisla- ture of the ^tate, it must be recognized, unless and until its own con- stitutionah y shall be determined by some competent authoritv. That the Legislature cannot delegate to the people of any district its legis- lative functions is unquestionable. Where by the act of 27th April, 1846, the option was given to the people of certain counties to decide by ballot whether the sale of vin- ous or spirituous Injuors should be permitted in such counties, the Su- preme Court, by the agreement of a bare majority of the judges, held tha his was such an attempt to delegate the legislative franchise as could not be sustained, and that the act was unconstitutional and void. (Parker vs. Commonwealth. 6 B., 507.) By the act of 3d May, 1871, a similar option was conferred upon the I f^.^""' n "^ Twenty-second ward of thecity of rhila.l.dpiiia, and the bupieme Court, by tlie concurrence of a bare majority of the judges, overruled Parker ««. Commonwealth, and held that this was not a dele- gal on of the legislative function, and that the act was constitutional, uw, °!1"":"' '*' tJie majoriiy of the court, this language was used: ^\ IKM, (he law came Iron, the halls of legislation, it came a perfect law, mandat(.ryin all its parts, prohibiting in this ward the sale of in- toxicating jicpiors without license; commandingan election to be held every tlurd year to ascertain the expediency of issuing licenses, and the fact of expediency or inexpediency shall have Iieen returned, when commanding that licenses shall issue or not issue. Then what did the vote decide « Clearly, not that the act should be a law or not be, for Pennsylvania Board of Agriculture. 25 the law already existed. Indeed, it was not delegated to tlio people to decide anything. They simply declared their views or wishes, and when they did so, it was the fiat of the law, not their vote, which com- mancknl licenses to be issued or not to be issued. " (Locke's Appeal, 72 Pa. St., 495-G.) The act of 1885, in its first section, purports to repeal (lie first section of the act of 1700. In its second section, after providing for an election to be held by the qualilied electors of the several counties, it directs that ''if, upon a pr()i)er count of such ballots in any county, it shall appear that a majority thereof are in favor of repeal, this act shall forthwith take effect therein; but the same shall not take effect in any county of this Commonwealth until it has been ascertained that the provisions thereof are deemed expedient, and desired therein, l)y an election as hereinbefore }>rovided." Whether such a power comes within the reasonini>; and rulin«jc of Locke's Appeal, and whether it contravenes that clause in the Constitution which prohibits local or special legislation, are questions for judicial solution. THE FEIS^CE LAWS OP PEN:N^SYLyAKIA. By Hon. George W. Hood, Indiana^ Pa. An address at the Conneautville meeting. It was a fundamental principle of our law that every man must keep his cattle on his own land, and if they strayed away on to other people's grounds, he was liable for any damage they caused by the trespass. At common law, it was necessary that every man should keep a constant watch over his animals; or, if he did not do this, to surround his land with a fence. The first and primary object of the fence was to keep his own animals in, and not to keep other people's out; and if any land-owner kept cattle, he was bound to erect a fence around his entire close, whether his neiiihbor kept any cattle or not; l)ut, of course, the same rule applied to his neighbor, i3ecause, if he kept any, he must, also, surround his farm with a fence. But it was discovered that two parallel fences would be useless, and would be attended with very considerable expense; and as one and the same fence would answer for adjoining propiictors, it was provided by statute, March 11, 1842, '' That when any persons shnll im[)rove lands adjacent to each other, or when any person sh:ill in- close any lands adjoining another's land already fenced in, so that any part of the first person'sfence is between them ; in both t hese cases, the charge of such division fence, as far as is inclosed on both sides, shall be e(|unlly borne nnd mnintained by both parties." By the same act, the auditors of the respective townships were made fence-viewers, whose duty it was, within four days after notice given, to view and exanune any line fences, and to make out a cer- tilicate in writing, setting forth whether, in their opinion, the fence 26 QUAKTEKLY RePORT. Of one wlucli Ims alivady l.ee.i buill is sufficient; and, if not, wl.at propor 10.1 ol the expense of building a new, or repairing the old tence should he horne by each i)arty ; and they should set forth the sum, il any, whicli in their. judgment, either one ought to pay to the otlier, in case he should neglect or refuse to re,)air or build his pro- portion ol the fence— a copy of whicli certificate it was their duly to deliver to each of the parties; and, if any of the parties refused or tailed, within ten days after a coi)y of (he cerlilicate of the viewers had been delivered to him, to i)r()ceed to repair or build the fence as required the party aggrieved had the right to build the fence and bring suit against the delinquent party for value of (he same, before any justice of the peace or alderman, and recover, as in action for work, lal)or, service rendered, and materials found 1 ■ i,^'*il-")^".' "'ereipre, that if any adjoining owner does not keep up lis hall o tlie partition fence, and my cattle got through and injured his crop he has no redress against me, since his own neglect was, in part at least, the cause of his injury. ' IJut, at common law, if my cattle escape through my neighbor's defective fence, and stray upon the lands of another, and there injure his crop, 1 am liable in damages to him, though mv own hall' of the fence IS good, because, so far as third'persons are concerned, I am bound to keep my cattle on my own land ; and, if I have anv redress at all, it IS against my neighbor, who failed to keep up his part of the partition At common law, also: If I turn my cattle into the road, and they wander upon the lands of another, or il' some careless person, crossin-^ my tarin on a hunlmg or a fishing excursion, leave down mv bars, and my cattle escape into the highway, and thence into mv neighbor's grain- held, 1 am liable to him the damages they mav cause. On the other hand. It you are driving your cattle along the'road, and, without anv fault of yours, they run upon the lands of another, and vou drive them out as soon as you can, you are not responsible for the damage done, because you had a right to drive them along the Iii-hway, and if vou exercised proper care and attention, you could do no more. The 'law recognizes a dillerence between being lawfully miA unlawfuW/ on the lughwav. "^ The common law is, as I have stated, that every man is bound to keep his cattle on his own land; and this loould be the rule in this fetate, except for the acts of Assembly imposing duties upon land- owners other than those of the Englisii common law Under the provisions of the act of 1700, (he owner of cattle is held liable for all damages caused to the owner of inclosed land, if he fenced according to law, and i( has been held by our highest court that, unless imi)roved lands are inclosed ))V a fence, the owner is in default, and cannot maintain trespass for damages bv roving cattle- and the owners of improved lands must fence them, both to restrain leet lno:li iA suihcient rail or logs, and close at the bottom." And to eiiUtle a farmer to recover for tlie damage done by stray cattle, it is only necessary that his fence be siirh as men of prai-ticar knowledge and experience wonld consider snilicient to protect the crops from iniurv by orderly cattle. ' " If adjoiniii- land-owners agree not to make any common division Pennsylvania Board of Agriculture. 27 fence, each is liable to tlie other for the trespass of his cattle ; but where a fence has stood for twenty-one years, one of the owners cannot re- move it without the consent of the other; neither has he any owner- ship in the mat(M-ials of the part erected by himself; and where one ])arty iinlawtully removes a portion of a partition fence and sets it upon his own ground, this does not authorize the other to fence up to it on his neighbor's land. Neither can one of the owners of adjacent unimproved \m\(\ call upon the other to contril)ute to tlie charge of a division fence. The duty to maintain partition fences exists where both parties improve their lands. It would certainly be unjust to make a man whose lands are in woods and not iiriproved, vnid()n which he raises no crops, to pay expenses of maintaining and building a fence which can be of no possible i)enelit to him. Thmce the policy of our hnv to compel those o)ily who are benelited by the fence to either build it or be liable I'or delinquency in not building it. Aside from this, however, no man is compelled to build or keep in repair a partition fence on the line between him and his neighbor. If he prefers it, he can have Ids own fence, but he must put it on his own ground, and maintain and keep it in repair at his own expense,^ and if cattle break through his close and enter upon the lands of another, he is liable for the damage they do. So, on the other hand, his neighbor can liave his own fence also, but he, too, must build on his ow^n ground, and will alike be liable in damages if his animals break over his close. If a division line between two farms passes through a wood-lot, neither of the owners is obliged to erect a fence; but if either owner allows his cattle to pasture in the woods, he must not let them pass the boundaries of his own land, or he will be responsilde. As to fences along the line of railroads, the law is somewhat difler- ent. A railroad company is not bound to fence its road, and it is not liable to owners of stray cattle killed thereon. Neither is a railroad company liable for value of cattle killed on its track, although they escape i'rom a properly fenced inclosure, without the knowledge of the owner, and were killed at tlie intersectioTi of a public highway. And when a railroad company, in purchasing tiie right of way, binds itself to fence the road through the other party's land, l)nt neglects to do so, if the cattle of tlie latter stray upon the track and are killed, the owner cannot recover for the injury in an action for the wrong or injury done. His onlv remedv, if any he had, would be on his con- tract^ to recover the loss of his cattle. Railroad companies are not bound to pav for losses, unless incurred l)y actual lu-gligence, and if cattle unlawfuWj stray ui)on their track, and are killed, the owner must sulfer the consequences, because he should have kept ius cattle on his own lot, and not allowed them to stray away u])on other lands. It is, perhaps, proper lor me to observe that it has been contended in some of the States of the Union, that the common law ruU^ does not, and never did, apply to them. That the American common law, founded upon decisions recognizing the customs, which was the result of a condition of things quite dillerent from those which existed in the mother-count rvjiad established the converse of the rule, Uiat the owner of cattle must fence them in ; that the common law of England was only adopted so far as it was a])plicable to the new State; that, as far back in the past as the rule itself can be traced, land in England was inclosed wherever cultivated; that inclosed fields and tracts ol 28 Quarterly Report. Pennsylvania Board of Agriculture. 29 land were the rule and open land the exception, whilst in America the opposite condition of things existed. '^i m .vmenca But, Iron, the beginning of the settlements in America by our fore- uthers. It was a well-recognized necessity that he who -^.u hated lands mi.st protect his crops from trespass, whether' from wil oi do meslic animals, by ])roper fences om uiui oi uo is 'u,nlic^r,]e'';;! \'Z "' ^^^'•^''' of ourjnrispru.lence only so far as it IS ap )li al)le to t he condition ol society in the State by which it is ado,,ted ; and whilst it remains diHieult from the American case to ;:^ :cr;>ie';h'.;r;i;"''^* "-'^ r ^" ^"r -^^^^^^^^^^^y "<• thisTommo,riaw u ,on l.rn, w-il- S"**/''-™""^ ""'""S the courts of all the States uiK.n the pioposition, but, in some instances, the decisions of the courts ol last resort in t^e same States are at variance one wi 1 an' other; vet, in our own State, 1 (hink that the Sui.reme Court in the case of Gregg vs. Gregg, reporte.l in 55 Pa. St. R.: page 227 wl -h is a ruling case on the subject, and which seems to be regarle a he aw up to the present time, is sulllrient warrant for us tS say that, n be in fWcMn p;'"'^ '',"'"'•"••" P™^'^^^«"' ^^« «ommon-law nfle ^IS De in lorce in -rennsvlvania. infhrr'ilil'.f'T'"'"'^'/*'^' "'"'^ ^^r^ laws of a large number of States in the Pnion shows that many of them are no better off than we are I'lany ol the laws enacted being yery similar to our owii. tofur^SocL"'""'^" '*'""''' '""'^ ^"^ ""^ ^'^""^ ^"^''' ""^^ '^'■«"S ^"""S'' Jn Arka?tsas— The sufficiency of any fence may be determined by viewers summoned to examine it. «:^«.fimineu uy ..^V^''^^^'^^/"^'"V f ^^"''^ of stone, four and one half feet high, and of other material, five feet high. * fou^'^S high''"^ ~ "^^ '"'"'^ '^^"*''' *^""'" '''"'^ ""'' ''""''''■ "^ stonewall In Belmoare— Good fence four and one half feet higli, of wood stone, or well-set thorn hedges or ditch. In Georgia— Worm fences or ditches must be five feet liijrh or aeep, as the case may be, and other fences same height. ' fnflf^^"'''*V^f "•''''!'''"''•"'■ ''Pi^'esfiye feet high, and sufficient to inclose and restrain sheep. In Luliana—Xny struct u re in the nature of a fence, which is sucli as good husbandmen generally keep, and shall, on the testimony of slain u I men, appear to be sufficient. In /own— A three-rail or board fence, with posts not more than ten (eel .ipart where rails and eight feet where boards, are used, or any o her lence which, in the opinion of the fence-viewers, mav be deemed equivalent thereto. In Kansas— ly^U or boards, or rails, lied-e, ditcli, palisndos, post and wire, at least four aud one half feet highland sufnciently close, or stone walls at least four feet high. ' In Kentuck/y— Every strong, sound fence, five feet high, and close enough to restrain stock, or a stone wall four and one hjllf feet high. In Maine and Massachusetts — All fences four feet high, of rails, boards, timber, or stone walls, in good repair and sufficiently close to turn stock, or such other fences as the fence-viewers deem equivalent. In Michigan and Minnesota — The statute is the same, except that the standard of height is four and one half feet. Ill Mlsslsslp2)i — All fences five feet high, su])stantial]y and closely built of plank, pickets, or other good material, or hedges sulliciiMitly strong and close to exclude domestic animals of ordinary habits and disposition. In Missouri — Fences sufficiently ch)se to restrain domestic aninuds, five feet high, of posts and rails, or palisades, hedge or turf, or worm fence with corners locked by strong rails, posts, or stakes. In Nebraska — A rail fence, six rails high, post and rails or ])oards; three rails or boards one inch thick and at least five inches wide, or post and four wires, (No. 9 wire,) and all at least five and one half feet high, or the fence called ''Warner's ratent," four and one half feet high. In New Hampshire — The same as in Maine and Massachusetts. In New Jersey — All fences are lawful, which, being of post and rails, tim])er, boards, l)ri('k, or stonewalls, are four feet two inches high; all other fences four feet six inches in height, and so close as to prevent horses and neat cattle from going through or under the same, and partition fences between improved lands must be close and low enough to turn sheep. In Rhode Island— K hedge with a ditch three feet deep, a hedge without a ditch four feet high, a stone wall four feet high, and all other kinds of fences four and one half feet high, in good repair, and sufficiently close. In South Carolina— AW fences strongly and closely made, of rails, boards, or posts and rails, or line hedges, live feet high. In Tennessee — A sufficient fence, five feet high, and so close from the earth as to prevent the passing through, or under, of hogs. In Vermont— ^imW^v to that of Maine, except the standard of height is four and one half feet. In Virginia— Y^v^ry fence five feet high, well built, and sufficiently close and near the ground to restrain horses, cattle, sheep, hogs, and goats. In New York—'\^\\e statute leaves the whole matter of the charac- ter of the fence to be determined by the electors of each town at town meetings. In North Carolina— ^\m\\diY provisions leave the matter to the de- termination of the voters of the several localities, in elections duly held, except that there is a general statute, by the terms of which each planter is c()mi)elled to protect hi^ cultivated fields by a fence at least live feet hi^h. Thus it will be seen, by the hasty examination of the fence laws of some twenty-seven States in the Union, outside of our own, that vari- 30 QUAllTKKLY EeI'OKT. OTIS kinds (,f fences are autliorized by statutory regulation tlie more hlx.ra being in .he Western or new States, and thereby niak ng legal S.in tile inc^ol^r """'" "°"'' ^'^^^'^ ^" '^^^^ •^"-->^" ='--'« 'J'lie Pennsylvania Legislature of 1885 was doubtless in favor of re- pealing the act of 1700, but tlie bill con.ing before the Houle askin-^ lor Its repeal as to but one county in the State, naturally drew tbrth nriore or less opposition from those counties opposed to its rei.eal an he "V;' [f^" I ^vas, whic-h was brought about by an ameudmen; to i7nn I ' 11 f I'rovisious ol the act of 1885, repealing the act of 1700, should not apply to any county in the State, unless the counS commissioners request, the sheriff to publish the act therein, with ad Z Uhf^r ™'V'r'\V''''' '''"'''' ^^' ^^'^ "'^^t general election shall be published, and for the purpose of ascertaining whether or not the provisions of the act are deemed expedient and desired in su(-h county Z ncrsl'l'm i t ""^n-"^?'' '''^'',' determine by a vote thereof, whether the act siiall take effect in such county Whilst tliis provision in the act puts it in the power of any or every county 111 the Commonwealth to repeal the act of 1700, so far as it re- lpnf.lf/"'T, '"""^''^'/r?' practically the law /. not and will not be repealed 1 he very thing intended to be accomplished by the act slll^fl f ^"ai"ed County commissioners will not take upon them- selves tJie responsibility of requesting an election, and when an elec- lon IS held, the various notions and prejudices of the people regard- ing the old law will enter into their actions at the polls and, in a ma^jority ot instances, the law will not be repealed. ^ ' ' •* Ihe act of 1700 was passed when our country was new; when it was much more difficult to fence than now, and when cattle roamed rLnTa ,?'-^',^^'.7 ^™"-l'«»*i and forest, wherever pasturage could be obtained. Ihe act was only passed for the benefit of the nutZif^,^ '""V"r ''°""*^^' annexed," and it has certainly/ long since outlived its usetulness. ./&>>-<= It seems to me tJiat if the act of 1700 was stricken from our statute books, and the common law rule in force in our State, that every armer must ence his land to keep his cattle in, or be reponsible for the damage they may do, that it would be much better than with the act in lorce Ihe law as to partition fences remaining the same, the kepn nrr,: ^'^-^t ^'^^'^^' '" '?""*^ ""^ ^"^'^ »'■ '^ ^^^"^•e that would Keep his cattle withiii his own close. THE ROAD, FENCE, AND TRESPASS LAWS, AS THEY Al FECT THE FARMER. By II. J. Vankjkk, Esq., Was/imffto?i, Pa, An address delivered at the Washington meeting. I have been invited to say somethin- on this occasion in regard to the laws relating to fences, roads, and trespass, as they atiect the far- Pennsylvania Board of Agriculture. 31 mers. In considering these sul)jects, I will confine myself to this county principally, because many of our general laws, either by express ])roviso or by special acts,' do not operate in all the counties of the State. AVhile the matter of fences, roads, and trespass is of very great im- portance to all our citizens, the farmer is more deeply interested than all others; and it is eminently proper that such subjects should be considered at an annual meeting of your institute. Although these matters are of interest and importance, I am fearful that I will be unable to make them interesting to you. I will not at- tempt to beautify or embellish subjects so old and so dry, but will confine myself to the presentation of such phases of our laws relative to these subjects as I consider most important. Fences, roads, and trespass followed in the wake of the settlement and growth of our State and county. When tlie early settlers increased, and their boundaries were marked ; when their rights were defined, and their wants increased, it became necessary to protect their inclosures, make roads, and punish encroach- ments upon their rights. I will lirst take up the subject of fences. The earliest law on this subject now claimed to be in force was passed in the year 1700. It provides that '' all corn-fields and grounds kept for inclosures, within the said Province, and counties annexed, shall be well fenced with fence at least five feet high, of sufficient rail or logs, and close at the bottom." This law continued in force until May 10, 1729, when a general law was passed, the sixth section of which provides that '^ all fences sliall be esteemed lawful or sufficient, though they do not close at the bot- tom, so that the distance from the ground to the bottom thereof ex- ceed not nine inches, and that they be four and a half feet high, and not under." This law continued in f(:>rce until 1784, when a special law was passed for Bedford, Washington, Westmoreland, Northumberland, and Fayette counties. In order that you may understand how par- ticular'the early settlers were, I will give you their description of what a lawful fence should be: ''All worm fences shall be four and a half feet high, with sufficient stakes and riders added thereon ; the under rail not more than five inches from the ground; first four rails not over five inches between the rails, and four feet worm." On the 28th March, 1808, a special act was passed for Washington and Alleghenv counties, repealing the act of 1784. The second sec tion of the act of 1808, which is still in force in this county, reads as lollows : '' That all fences shall l)e deemed lawful which are four and one half feet high, and in the judgment of such referees, the fence or fences viewed by them shall be such in other respects as one generally constructed and deemed a sullicient fence witliin their respective townships." A lawful fence now in this county is one that is four and one halt feet high. There is nothing in the law as to how it shall be made, or of what materials. It must be four and one half feet high, and in other respects it must be neighborly, that is, sucdi as are made and deemed sullicient in the respective townships of the county. This law has Ixmmi in force in this county for more than three rpiar- ters of a century, and I believe it is still in force in Allegheny county. A word now about line fences. The law on this subject was passed '^9 Quarterly Report. March 11, 1842. Tlio Oiird section provides in this way : " Wlieii an v two persoiis shall improve lands adjacent to each other, or where any person shall inclose land adjoining to another's land already fenced in so that any part ol'the lirst person's fence becomes the partition fence between them in both these cases, the charge of such division fence, so tar as is inclosed on both sides, shall be equally borne and main' tained by both parties. " One of the owners of adjacent unimproved lands cannot call upon them ' '^°"*"^"^*^ to the expense of a division fence between An atljoining owner is not bound to join in a division fence ; he may set his tence on his own land, and if his neighbor extends his fence across the line to join it, it is a trespass. But if one party set his fence on the line, theother may joina panel ot his fence to it, and when the charge assessed by the fence, viewers has been settled or arranged by the parties, it becomes common property, and shall thereafter be kept up at the joint expense of both If my land is not lenced in, and my neighbor incloses his land, I cannot be called on to contribute towards the expense of any part of his fence, simply because it does not become a partition fence. Jiutif my land is inclosed, and my neighbors inclose his land adjoining mine, so that a part of my tence becomes a division fence between us, then my neighbor must be at half the expense of such division fence A division fence of twenty-one years' standing, though crooked, is a's'tr.Tht Hn!. '\a'|""''''''''*=,'"'-"!^' ^^'^ *^^"<^' "*■ ^°t'' Parties call for a straight line. A\ here one adjoining owner puts up a partition fence on the boundary line for half the distance, and the other refuses to complete it, he cannot recover for a trespass upon his land by his neighbor s cattle. j' " Under this act, provision is made for viewing line fences by the town- ship auditors, who are authorized to act as fence-viewers On five days' notice to the fence-viewers, they are required to meet and examine any line fence, such as I have already indicated, and de- termine whether the fence, if one has been already built, is sufhcient, and i( not, what propor(i<,n of the expense of buihlinga newone or re- pairing he old fence should be borne by each party, and make out a cer ihrate setting for h the sum whi<-h each party ought to pay to the other, in case he shall repair or build his proportion of the fence. If the party who is delinquent shall not, within ten days after receiving a copy of the viewers' certificate, proceed to repair or build the fence in h,W «!,\-l 1 r "''' t'>e,.o' her party may repair or build the fence, and biuig suit before a justice of the peace for the price of the fence ^Ja^ viewers are to receive one dollar per day for their services,' to be paid by the delinquent party, or in equal sums by each, as the viewers may determine. Ihe viewers cannot be re(pared to view any fence between the first day of November and the first day of April follow- ing. Before leaving the subject of fences, I desire to again refer to the general fence law. I have already referred to the oldest law on the subject that of 1700, by which the height of a lawful fence is fixed at M?v *!?. ' r t'^o r ''^^^!/^^^o stated that the sixth section of the act of w i ' if-' ''-^^^'./f^f height of a lawful fence at four and a half eet, &c It 18 manifest that the two dillerent fences described in these acts cannot both be lawful fences at tlie same time One is Pennsylvania Board of AfiRTOT'r.TURE. 33 lawful, and the other is not. Where two statutes differ, the old one gives place to the new one. As 1 have not been able to find any act repealing the sixth section of the act of 172!), my o|)inion is that it is still in force throughout the State, except where it has been repealed as to certain counties; and I hat a lawful fence in this Stale, outside of the excepted counties, is such a one as is defined by this act. to wit: "All fences shall be esteemed lawful or sufficient, though they do not close at the bottom, so that the distance from the ground to the bottom thereof exceed not nine inches, and that they be four and a half feet high, and not under." 'J'iiis view is sustained by Judge Strong, in the case of Gregg ?'.9. Gregg, 5 B. ¥. S., page 227. In delivering the opinion of the court in this case, in 1S()7, in referring to the act of 1700, he says: "Some of the provisions of this section were subsequently changed by the act of 1729, and others still later. Thus the required height of the fences was reduced. The recpiisition that they should be close at the bottom was taken away." The act of 1729 is omitted in Brightly's Burdon's Digest of our laws, and the act of 1700 retained. I might say, in reference to this omission, as the mountaineer in Georgia said about his wound received in the late war. A candidate for Congress met him one day, and said to him, " You were wounded in the late war, were you not? " He replied : " Yes, I iimr; I was shot in the leg at Vicksburg, and T have not found out to this day who shot me, nor what he did it /"wr." 1 have not found out to this day what Brightly left out the act of 1729 for. Altlioiiiili tliere is no p-eat diilerence l)etween llu' two kinds of fences required in these two acts, it is due to the people that they should know what law is in force within the Commonwealth. A general act miglit be passed clearly delining what the law is. If all the laws in relation to lawful fences (as is advocated by some of our farmers) were repealed, we would be thrown back upon the common law, the general rule of which is, that a man is not bound to fence against the cattle of others. Whether your fences were good, bad, or indifferent, or you had no fences at all, your neiglibor would be liable for all damages done by the incursion of his cattle upon your premises. Some are in favor of the passage of a law proliibitiug cattle, etc., from running at large. Tliere are objections to both of these prop- ositions; but the time is coming when one or the other will be done. We will now get off the fence, and take the pu])]ic road. The laws in this State, in regard to public roads, are exceedingly varied. There is no uniformity on the subject. We have our general road law, passed June 18, 183() ; but almost every county in the State has had special laws passed, making certain changes in the general law. The general road law recpiires the court of quarter sessions to ap- ])<)iiit six viewers, upon ])etition, to view and lay out a public road. The number of viewers in many of the counties has been reduced to three. In Washington county, by a(;t of March 30, 1859, the nunilier of viewers was reduced to three^ and certain other changes were made in the law. Under the general law, the breadth of a x)ublic road was not to exceed iifty feet. The usual width is thirty- three feet. This act provided 3 34 Quarterly Report. Pennsylvania Board of Ai^.riculture. that owners of* land llirougli whicli a road had been opened, may, witliin one year thereafter, apply by petition to the court of ({iiarter sessions for a view to assess the (lamages occasioned by the road. Under tlie special act lor this county, the oripnal viewers are authoiized to assess the dania«;es, and any party aggrieved may ])re- sent a ])etiti()n for a review of the damages. It is also made the duty ol* the supervisors of the several townshii)s in the county, and tlie street commissioners of incorporated boroughs, to keep in repair all bridges built, or that may hereafter be l)uilt, by tiie commissioners of the county. And it is made the duty of the county commissioners, upon information I'urnished them, that any bridge built by the county has been damaged or destroyed by Hood or otlier casualty, or by natural decay become unsafe, so as to be too heavy an expense for the town- ship to repair or rebuild, to examine the same, and if they are satis- jie(l such is the case, they are to proceed to repair or rebuild the same. The persons interested in the road shnll give timely notice to at least one of the county commissioners of the time and place of hold- ing all views and reviews under this special act. The viewers must be sworn or allirmed. Tliey must examine the route of the proposed road;, they must have respect to the shortest distance and the best ground, so as to do the least injury to private property. When prac- ticable, the grade of the road is not to exceed five degrees, except in crossing ravines and streams, where, by moderate filling, the grade may be kept within that limit. The route between the termiual points is entirely for the viewers. No intermediate i)oint can be designated by the court, nor can the termini of the road be changed by the viewers. Nothing further need be said in reference to the preliminary steps to be taken in order to obtain a pul)lic road. After a ])ublic road has been confirmed, it is then to be opened. This duty devolves upon the supervisors of the respective townships. The order to open will be issued after the proceedings are confirmed by the court. After receiving the order to open, the supervisors, as soon as prac- ticable, are to effectually open the road and keep it in rei)air. And the law says further: ''And all public roads or highways made, or to be made, shall at all seasons be kept clear of all impediments to easy and convenient passing and traveling, at the expense of the respective townships, as the law shall direct." It is the duty of the supervisors to open the road on the location as confirmed by the court. ]i' they cliange the location when they open the road, a new supervisor cannot alter it, on the ground that it was opened in a wrong place. All authority under the order to open was exhausted by the action of those to whom it is directed, and can- not be resumed l)y others. The only way to change the location is by a new proceeding under tlie road law. W lien a track lias once been made, and used by tln^ ])u])lic the supervisors cannot make another location, but they can extend it to its legal breadth from the center of the beaten track so used. Supervisors are indictable for neglecting or refusing to open and repair the public roads. Townships, like other municipal corporations, must keep their public roads in a safe condition. If a road through a township is so danger- ous, by reason of its proximity to a precipice, that common prudence requires extra precaution, in order to secure safety to travelers, the township is ])ound to use such precaution, and the omission to do so would l)e negligence. A township is bound to erect walls or barriers along the sides of its roads where they are unsafe, although it is not vested with power to tax itself for road purposes beyond one percentum on the county valuation. If a township fails to keep its roads in such condition and repair as may ])e necessary for the convenience and safety of the traveling public, such township is guilty of negligence, and liable for injuries resulting therefrom. This is the settled law in Pennsylvania, as we have it laid down in numerous decisions of our Supreme Court. It might be well for the taxpayers of the different townships to bear this in mind, and see to it, that their ])ublic roads are up to the requirements of the law. Two of the townshii)S of this county have lately been mulcted in damages for alleged failure to keep their roads in a safe condition. Under the act relating to county and township rates and levies, passed April 15, 1834, the taxpayers may work out their road taxes on the roads, and cannot be re(iuired to pay them in cash, unless they fail to work them out on the roads alter the supervisors have given tliem an opi>()rt unity to do so. This statement that the road taxes cannot be collected in money until after the taxpayers have had an o})i)ort unity to work \hvin out on the roads, will })e somewhat startling to many of our people, be- cause they have conceived the idea that, under the law, they can col- lect part in cash, and allow the balance to be worked out on the roads. The thirty-fourth section of the act of 1834 shows the erroneous char- acter of this opinion. This section is as follows : ^^ Provided^ That before issuing the dui)licate and warrant for the collection of road taxes, it shall be the duty of the supervisors of every townshi]) to give notice to all persons rated for such taxes, by adver- tisement or otherwise, to attend at such times and places as sucli supervisors may direct, so as to give sucli persons full opportunity to work out their respective taxes." This section has been considered and ])assed u|)on by the Supreme Court of this State in the case of :\Ii Her ?v^. Gorman, 38 Pa. St., 309, and in Childs ?'.s'. Brown Township, 40 Pa. St., 332, and in both cases the court held the law to ])e just as I have stated it. This question might be asked : U all road taxes can be worked out on the roads, wliere is the money to come from to pay the supervisors and other expenses? The answer is this : The seventh section of the act of 28th Febru- ary, 1835, provides that it shall be lawful for the supervisors of any township to levy a rate or assessment, and collect the same, for tlie puri)ose of discharging any just debt due a former su])ervisor. This tax must be ])ai(l in money, and cannot be worked out. And in Childs vs. Brown Township, alrcaouudary line between the two men, after twenty years, and eould they be held by it? Hon. H. J. Vankirk : I answer that they could. If you live alongside of a neigh- bor who is very tenacious and sort of bull-headed, and he gets a little the advantage — has more land on his side by this crooked line fence than you have wiiy. he can hold you right to that line. I have had in my experience some two or three cases just like that. But I believe, as a rule, the farmers of this county don't insist on the right the law would really give them. They do not claim in tliat way. They prefer to have a straight line The great desire of all the ])eof)le is to make their lines straight. Our farmers in this county have too many lines, and it is not good policy to increase them. Ifweould be reduced down to squares or right-angled tracts of land, it would be a great deal better. John M. Miller: There is a question has arisen with regard to the road law. It is this: According To the gene-al law the road tax is only collectil)le in work. Now the question is this: Su[)posing a tax is levied upon a distri(?t and it is greater than is needed to keep the roads in repair, is there any portion of that tax collectible, by law, in cash? That is a question I wnild like to get answered. Mr. Vankirk: I can answer that question very easily. This general road law of '3G don't provide any method by which any portion of the road taxes can l)e co lected in money. If you get it in money it is accidental. You cannot collect it under any legal process until atter you have given the taxpayer an opportunity to work it out on the roads. If the supervisors don't give an opportunity to work it out, they are at the end of their string. They (^annot enforce the payment of it in money. Mr. Happeh: What provision is made for tlie payment of the su*^jjervisors ? Mr. Vankirk: There is no provision. If there is money to be paid out. they are to depend for it, or for their comj)ensation, on nionev coming in where per- sons prefer to pay their taxes instead of working them out. But the law has a pro- vision that every man must have an opjoortnnity to work out his road taxes before he can be compelled to pay them in cash. I have thought of that same difficulty you suggest; but, in examining the decisions in relation to this road law, I have beeirun- able to see about it. Mr. Oliver : When the supervisors lay acertain tax to be w^orked out, and acertain tax to be paid in money, can they compel the citizens to do it? They lay certain taxes to be worked out. and certain taxes to be paid in money. Mr. Vankirk : All I have got to say about that is,'that it is contrary to law. All the peopleof the townshif) simply arquiesce in it. I willjusisimplv remark. I believe as Judge Black remarked on the bench here, in regatd t . a practice that sprung up in this county with regard to our road law. One of the attornevs asked acertain thing of Judge Black. '» Why," hesiysto him, "Mr. Blank, I cannot do that, it is contrarv to law. " W hy," sa.\ s he. '*it your Honor please, such has been the invariable practice of tins court lor ihe la.st twenty-five years." *' Well," savs Judge Black 'Mt has been in violation ot the act of Assembly for that lenirth of time." So I sav, it was simplv bec^ause the people of the townsuip permitted it to be done that it was done. Mr. Stevenson : I would like to know what the law W'»uld deline as opportunity- one notice, or a number of notices to work on the road. Under our old law, the super- visor nt/ihed ns on a certain day to go to work. Would it be neces.sary to renew the notice, or would one be sullicient? Mr. Vankirk : My reply vv«.uld be this-probablv some of vou gentlemen here would be just as capable of answering it is I am-but, as I undeVstand tiie law each taxpayer must have an opportunity to work out his taxes; but, if he receives notice to-day to go to work on ihe roads, and goes, and the supervisor gets throuirh with the road he IS working at inside of one day, or two, and lets the men scatter and go home, and all the taxes are not worked out in those i wo days, he must continue toJive theiu an opportunity afterwards until he works all his taxes out. This is as I understand Mr. Atles : I was going to ask a question similar to the one that has been asked • what amount ot notice should a man have ? Suppose his tax is $20, how often would nc nave to ne notiried .' Mr. Vankirk: Weil T think 1 have answered that question, probablv alreadv I w.ll reply to Mr. Ailes, I think he would have to have noticeasoften as vC^ould^^^^^^^^ him t'> work u^ taxes ont : it might be twice, or thr-ee times, or four times, at three or tour dilJerent plaoj^n, or as manv dillerent places as are necessarv to work the tax out I think It IS manifest to you farmersthat one notice would besutlicient. The sunervisor mighr havea.iol)onacertain day at a certain phce. and hnish that in one dav • vou had a team and one or two hands there, an(i worked out f5 of vour tax • now there are$loot your taxps back yet; you must have an opportunitV given you to work that out. You must go to another place and work out i', more 'ami so on J. P. M I LLER : 1 suppose it is legal in this meeting for an attorney to say a word. I Pennsylvania Board of AGiucri/LTiRE. 39 would take issue witti Brother Vankirk on this question. In answer to Mr. Oliver, he stated there was no metlH)d by which a tax could be levied and collected in mone3\ Now, 1 have not examined the road law very particularly of late, l)ut my im{)ression is there is a provision by which road taxes can be levied and collected in money, that is. to pay off a debt. And that would providefor the deficiency suggested by Mr-. Hip- per, provided the supervisors were willing to wait until the next year for thc^ir pay. My recollection is. oueseciion of the actof .assembly i)rovidesthat taxe-* may be levied for paying exj)e:ises. Now, for instance, it would be necessary to repair a road where an injury was (ione by a flood, and the taxes had all been worked out. Now thntdain- age liiust be repaired immediately in order to render the road passal)le ; and if there was no provision by which labor could be employed, I don't see how you could get A'-our Toad in order"! For instance, during the great storm of last winter a ^reat many of the r-oads were blocked up ; and in agreatmany cases the taxes were already worked out. Now, how were the supervisors to get those roads open if there were no means by whi(rh labor could be employed, which had to bepaidin cash? '1 helaboremployed in repair ingthose roads would be adebt against the township, audit would be the duty of the su{)ervis)rs to levy a tax and {)ay that in money. There is another thought sug- gested itself to my mind during the reading of the t)a per. I would like to know whether Mr. Vankirk has examined the question as to whether the act of 1700 is in force in this county. No doul)t you are all aware that at the last session of the Legislature there was an act of Assembly passed, providing for tlie submission of the question to the votei-s of the county to vote upon the repeal of the act of 1700, so we might be thrown back on the connnon law when a man would have to fence against his own stock in- stead of fencing ayainst his neiglibor's stock. The time has come when the farmers of this county certainly should endeavor to get rid of the great burden put on them by keeping up fences. I hope to see the day when we will have no fences at all in this county. It IS an immense tax and disfigures the landscape. Mr.'VANKrRK : I hope the gentleman didn't come to tlie conclusion that I was not aware of the fact that a tax could be collected in a townshi{) for the payment of its in- debtedness. We all know the fact that a township may b^^ compelled under a rnav- darnu.s execution to levy a tax for the payment of its indebtedness ; but the ditliculty suggested In' him where flood occasioned great damage to a road, or where tliere isn't tax sutiicient levied to open a new road, it is their duty to levy additional taxes for these purposes, and the only purpose for which a township can enforce the j)ayment of taxes in money is to pay indeb'tednes.s, not taxes levied for ihe workinu: and repair of the public roads in the township. I was perfectly aware of the fact ; I was speaking of road taxes in relation to the manageij^ent of the roads. I was not referriuir to the fact that a township had or not power to levy taxes forthe payment of debts. The law requires and compels municipal corporations, as well as individuals, to be honest and pay their del)ts, and provides thf^ manner in which it can be done. But I say again, if you levy road taxes under the general road law, you cannot comj el the payment of such road tax in money until you have given the taxf)ayers an opportunity to work it outon the roads. Now. in regard to the act of 1700. I have examined these different laws as carefully as I possibly could ; I spent a great deal of tim^ examining these dilferent acts of Assembly ; I took tnemseriaaw going fVon^ onetoanother, hack and back until I went over the\vhole scope of the pam[)hlet laws of Pennsvlvania, and I say— and what I say 1 am sustained in 1)V Judge Strong in the case which I called attention to in my paper— that the act of 1700 iias been changed by the act of 17^9 ; and that opinion of Judge Strong's was delivered in 1867. I know of no act of Assembly since that time that has made anv change in the law relating to this siit.ject. I believe confidently that the act of 1700 in relation to roads is not in force in Pennsylvania, buD the sixth sec- tion of the act of 1729 is. Mr. McFarland: I am from Allegheny ciunty. It requires quitean effort lor me to attend this meet'ug. 1 have learned something. You have a cheaper way of get- ting legal advice, a nicer way of pum{)ingthe lawyers than we have, and T will em- brace the oi)portunitv, as it might benefit someof my neighbors. What would be nec- essary to j)revent the peaceable i)Os.session of this crooked line? Would notification of a su^-vev be sullicient to prevent this peaceable possession ? Mr. Vankirk : Well, there are one or two methods. Before the statute of limita- tioi th( aroui. -, eiectment. This won id have to be done within twenty yeai-s. l[)efbre the title by peace- able pos.ses.sion would accrue. Those are the only two methods I can think of. I think a partv has the means in his own hands for preventing a difficulty of that kind. Il his neiirhbor has got his land inclosed by a crooked fence, he might bring an action of ejectment or serve a notice upon him he wanted. Mr. McFarland: That would prevent peaceable possession? Mr. Vankirk : Yes, sir; it would be notice to him, he claimed the land up to a cer- tain point. , , , „ Mr. McFarland : A party bought an adjoining farm, and when the farm vyas sur- veyed, thev run two rodson to an adjoining farm : and thr^ party that M)ld to this party that I speak of and the partv thev run over on quarreled, as parties olten do; but the })arty who l)Ought the farm— these two rods weresurveyed into him and he had toi)ay for them— does that prevent the party cNiming the two rods from having peaceable possession, if he had it twenty-one years? Mr. Vankirk : Well, there are one or two metnous. neiore ine sraiuie oi nmua- ions would set up a bar— twemv-one years -he could call upon hi'^ neighbor to adjust uhe line, and try to have it run andadiustit; and before the twenty-one years ran iround. if some'of his land was inclosed by his neighbor, he might bring an acticm in 40 Qua ktkkly Rki>oiit. Mr. Vankirk : No. sir. Mr. Dinsmork: Our supervisor is elected in ti\e townsliip to work the roads, and be isconipelled to oversee the distriet he is in. 1 want to know wliether tiiesupervisor can be compelled to keap these roads in proper condition, and yet iiave no way pro- vided to receive c;)niperisati()n for his labors. As I understand Mr. Vankirk, we can't collect a siuiTJe d(jllar oir ihe township in money. Where are we K*>iti^ to ^et our compensation? 1 ask tliat because 1 have been in that position Ibr several years mysel f. Mr. Van kirk : I don't object to givinj^ advice within the scope of the discussion of these questions, and J -ed When th(^ Creator declared man should earn his l^read by the sweat of his face H^ crowned hibor with supreme dignity, the sweat of the face and of the hand uniting mental and physical forces for the subjugation of the world. 1h' mai) of A\ ashuigton county, with its lines of railroad, with its work-shops, and vast green fields and wealth of fiocks was not down on the map of Adam. When he first looked out upon this world. It was a barren world, so far as the created forces of humin labor were concerned ; and it was assigned to man, to human lal)or, to conquer those forces by whicli he was surrounded, and from the crude Pennsylvania Board of Agricultitre. 41 material of the earth to form these homes, and build these institutions, and line these great thorolighfares with our iron ways. This was as- signed to man, and hence lal)or occupies the highest dignity within the reach of man. Hence, in view of the importance of human labor as a factor in the j)rogress of the human race, and lying back of our mental and physical development — a supreme and mighty factor in the evolu- tion of the things by which we are surrounded — it became a matter of very great importance tliat labor sliould ever be invested with supreme dignity, to elevate man in his forward marcli. Hence, in this land of ours, in its multitudinous learning, there is a])parently a reservation for some marked and wide-s[)read develoi)ment of the human race. This broad freedom and this intense activity of human thought seem to be prophetic of some mighty uplifting of tlie human race. Hence, out of all these discoveries comes the Ameri- can doctrine of the protection of labor, and not of capital. Now% why should American labor be x>rotected? Leaving the general thought, I hasten on through to say a few words I desire to say. We atlirm, x>i*otection is a sound policy, first, because it tends to the pro- motion of personal industry. Now, we w^ant to get some broad and general ground upon which to found the doctrine of lu'otection ; not merely on the narrow platform of a particular calling or industry, but some broad platform as broad as the race, as broad as our country, reaching from ocean to ocean, and governing the activities and pro- gress of the race with which we are connected. We say the protection of American labor tends to the promotion of human development, and stands back of all human development, be- cause, wdiere industry is not the characteristic of a people, there is no progress, and there is very little of human virtue ; ])ut show me an industrious people, where every moment is utilized for the advance- ment of man's moral and intellectual interests, and I will show you a people of progress, and a people of virtue. And on this broad ground we found the doctrine of the protection of labor. The theory of pro- tection has been misjudged and misapprehended, because it has been supposed that it was intended to subserve the interests of some par- ticular class; to subserve capital, to subserve the interests of the iron- master, or of sheep husbandry. Not on such narrow^ lines, and on such a limited plattbrm, do we found this doctrine, but on the broad principle of the very highest and best interests of the race. But why protect the labor of one country against the labor of another country \ Is not this world the home of man, and is not man entitled to all the privileges and advantages that may come from the whole earth ? Un- der certain conditions. That is the ground that the free-trader takes, and it looks very reasonable, and, in the abstract, it is reasonable, and if it were not that certain conditions change the force and char- acter of the argument, it would be unansweral)le. And first, we ad- vocate the protection of the labor of one country against that of an- other ui)()n tlu^ law of self-defense. Every man has the right to defend himself; he has the right, by the law of self-defense, to defend himself and protect his interests. Now, if all countries paid the same wages and gave to labor tlie same education, then free trade would be possible. Butw^e find other countries oppress labor; we find other countries are binding on the shoulders of labor heavy burdens that it cannot bear, and hence we have the right, by tlu^ law of self-defense, to protect the labor of this country against those oppressive laws and measures by which the laborer is HMluced to a recompense fifty ]>cr I I I 42 QUAKTKKLY REPORT. cent, below tliat wliich is recognized in tliis country. Hence, tlie low wages ])aid in other countries makes it an imperative duty upon the legishitive power of this country, by the law of self-defense, to protect the labor of this country against the encroachments of the half-paid labor of other countries; ancl on this broad ground we found the doc- trine of protection, hence the moral advantages of protcH'ted labor. This will come from the argument already used. It will make pro- tected labor prosperous, and where it prevails the general trend of society is to cause moral improvement. Why should we protect wool-growing as a special industry? First, because the pros})erity of this large industry will contiibute to tlie general prosperity of the country, and to tlie prosperity of the whole land; hence we take it out of tlie narrow, sectional ground, and advo- cate it on the broad ground ; hence it becomes a National (piestion. The depression of an industry so important, so j*ar-reaching in its in- fluences as sheej) husl)andry, will affect the entire industries of the whole country. You can't make men prosperous, and pay them re- munerative wages, Avithout affecting the entire community ; and then, the prosperity of one industry leads to the prosperity of another in- dustry, and that again, in turn, until the whole circle is touched by its invigorating ])ower, and it brings prosperity and hapjjiness to the families of our communitv. In 1860, we imi)orted nearly one third of the woolen goods used in this country ; now we only import one tenth. What does that mean ? It means, outside of wool-growing, the establishment of large manu- facturing institutions, and the employment of vast numbers of people, all engaged in the active duties and pursuits of life ; all possessed of happy homes, and adding their forces to the general activity of the whole country. I have only time, as I know you are weary, to hint at these general points and leave you to amplify them in your own minds. But it is objected that custom duties increase the cost to the consumer. Is it so ? Suppose we admit it, have we lost the argu- ment ? Does it antagonize the force of the position we assume ? Has not every man learned from his experience that it is easier to pay the increased cost of an article in times of prosperity — very much easier — than a less price in times of adversity? In time's of general prosperity, we find it very easy to pay these prices. Suppose it does add some- what to the cost to the consumer ; this life is full of compromises. We must, sometimes, give up something for the general good ; and if it did increase the cost, the added activities to the vast numbers of people engaged in raising wool and manufacturing it into various forms of human clothing, will tend to compensate for the increased price. But it does not. Now we a])proach the very ground where our doctrine seems to be like the Ki]k(Miny cats— eating itself up. When we affirm that pro- tection does not increase the cost, does it not seem to destroy the whole argument for ])rotection ? Does it not seem to leave us*^in a dilemma out of which we cannot extricate ourselves? Thus I heard the argument used down tliere in the hall this afternoon. I want to establish the fact that ])r()tection does not increase the cost. In 1860 delaine sold for twenty cents ; now it sells for eleven cents! In 1860, blankets of one grade sold for two dollars; now the same grade sells for one dollar and twenty-iive cents. Taking the highest grade that sold in 1860 for five dollars; now it sells for ""three dollars and seventy-five cents— the very same blanket; so that protection Pennsylvania Board of Agriculture. 43 does not increase the cost to the consumer in the long run. It might do so in the start, but after we evoke the ])ower of competition, home competition regulates the price and brings other blessings we might refer to. Now, we want to speak again, in close connection with this, of the importance of a home market to the purchaser and consumer. First, because it discounts the cost of long hauls. Don't you see, when we have home marlcets, we get clear of the transportation — the fare on these long lines of transportation ? All that is saved to the con- sumer. Besides, we relieve ourselves of the j)ossil)i]ity of adverse combinations and corners in foreign markets. Suppose, at the break- ing out of the war, we had had no home manufactures, what would we have had to pay for the cloth to clothe our army, or the instru- ments of warfare which we could furnish to our soldiers^ So, the moment we put ourselves in the power of foreign powers, we are re- quired to pay any price they may demand, in addition to that, home markets kcn^p the money at home. That is the source of our pros- perity. The moment we pay out more money than we take in, that very moment we are on the highway to bankruptcy. You take a fam- ily; they are earning five dollars a day, but they are s])ending six dol- lars a day; don't you see it is no long way until bankruptcy overtakes that family ? Now, ])y creating home markets, and by having home manufactures estal)lished, we keep the money necessary for the pur- chase and sale of these articles at home in active circulation, and the circulation of that money creates other industries, and thus it is that the whole community is'interested in such activity. Will it not be a great deal better, and indicate a greater degree of prosperity in this country, when every man in the country — when every worker at daily ]^l)()r_lis emi)loyed even at more wages than when only one third or one half the pedple are employed even at advanced prices ? It is this universal activity and aggregation of industry that makes a country prosperous and prepares^ the way for human progress and advance- ment; hence the necessity and imi)()rtanceof home markets, and these home markets are all dependent upon the doctrine of American pro- tection. I want to say again that these foreign markets are very uncertam.^ Now, American farm products find a home market in this country of ninety-two per cent., while we only have a market abroad for eight per cent; and you will remember, in connection with this, the efforts En-entle- men, Ibr your attention. ' ^ AGRICULTURE AND LABOR. By Hon. Galusha A. Grow. An address at the Scr anion meeting of the Board, Mh. President and .Mk.mbers of the State Board of AoRicrLTURE: Ihe^earhei^t pursuits of mankind for a livilihood were tliose of shep- herd hen sman and hunter. Rachael received her first kiss from Jncob at the well, whither she had led her father's flocks Abram rich m cattle, had ])is tent at Bethel, and Lot, with his flocks and henls, pitched his tent in the plains of Jordan. The shepherds and herdsmen sought the valleys of the rivers and the Pennsylvania Board of Agriculture. 45 lands around bays and lakes, for there was abundance of pasture and water. The hunters sought the wilderness along mountain ranges where game did most abound. But all, shepherds, herdsmen, and hunters, Avere nomads, wandering from place to i)lace, and living in tents covered with the skins of beasts. In these pursuits, and the climatic inlluences surrounding them, was the beginning of national character and characteristics. The luu'dsmen at length commenced the tillage of the ground, which required lixed al)()des, gradually devel()])ing into towns and cities. The hunters, leading a pursuit of greater danger, and re([uiring no fixed abode, l)ecame adventurers, the more vicious of whom formed the robber bands that infested the mountain fastnesses of Asia and eastern Europe, and at later periods enlisted as mercenaries in the armies of warring nations. During the ages when might made right, these armed hordes, at intervals, long or short, sw^ept down from the mountain ranges, over the lowlands, carrying away flocks and herds and the fruits of peace- able toil. The husbandmen, thus compelled to guard tludr homes from robbery and their fields from pillage, coml)ined for mutual pro- tection under chosen leaders. At length such combinations became governments, and the chosen leaders kings. For centuries, the race struggled on amid the cruel barbarisms of the brutal pasions of tyrannical rulers, until the Child of the Manger, in His divine mission on the seashore and along the hill-sides of Judea, established His earthly kingdom in the command: ''Love thy neigh- bor as thyself; and inasmuch as ye did it to one of the least of these, ye did it unto Me." Thencefortli all the children of men are ecpial in the brotherhood of the race, and nations are to learn the ways of peace until the last sword shall be beat into plow-shares and the spear into pruning-hooks. When the world's unw^ritten history shall be correctly deciphered, the record of the rise and fall of empires will be, in each nation, the history of the rise, development, and decline of its agriculture. It is the distinctive i)ursuit of civilization; the one that changes the wild rover from the predatory habits of savage life, fixing him in stationary dwellings, which is the beginning of civilization, and with its growth and advancement, come the comforts and refinements of social life, the associations and attachments of country and home. Its neglect is the first step in the decline of empires, and with its decay crumbles national ])ower. In the obscurity of the cottage, far removed from the enervating inlluences of rank and of alllnence, is nourished the virtues that coun- teract the decay of human institutions, the courage that defends the national independence, and the industry that supports all classes of the state. The associations of an independent freehold are eminently calculated to elevate and ennoble the possessor. With homes and firesides to defend, the arms and hearts of an independent yeomanry are a surer and more impregnable defense than battlement, wall, or tower. Next to agriculture, the question of greatest national concern is the condition of lal)or. For of all the pernicious inlluences which lead to national decay, the most baleful is a policy that degrades or impover- ishes labor. The strength of nations consists, not in tleetsand armies, but in the manly spirit of an independent yeomanry, and in the intel- ligence, comfort, and happiness of its laboring classes. That country ^*v '!\h :|I II !l ijlilf! 46 Quarterly Report. is <^reate?t and most glorious in whirli there are the greatest niiml^er of happy liresides; and to make the fireside liappy, it must lirst be made eomlbrtable. The principle is correct and just, that labor, whether of brain or mus(de, ouiiht to receive out of the accumulation of wealth in propor- tion to what it contributes towards the accumulation. But in reduc- ing this prin('ii)le to practice, in order to do it justly, the fact must not be overlooked that, in all pursuits, labor is ])aid in current ex- penses during the continuance of the business, whether there is any final profit or not. Authentic statistics show that a very large per cent, of all kinds of business ends in bankruptcy; thus sinking what- ever amount of capital may have been invested. In all such cases it is clear that labor receives its full proportion, or more, for it shares no part of the losses. The i-ailroad system of the United States represents a capital of almost eight thousand millions of dollars. With all proper allow- ance for water, it would represent, prob;d)ly, not less than five thou- sand millions of actual capital invested. The net earnings of the entire system for the year 1885 were a little over five per cent, of that amount. Can it be said that this percentage, which includes no pay- ment of any part of the principal invested, is an unreasonable propor- tion for the capital which takes all risks of losses? Labor is paid before counting any net earnings, whether there are any to count or not. In order to ascertain the just proportion to which labor Avould be entitled in any business, it is necessary, first, to ascertain how much capital the business recpiires. And the first payment out of net i)rofits would l)e to repay the capital invested. As wages are paid in current expenses, and capital takes all the risk of losses, unless it were to be repaid first out of the net profits until the amount invested is re- imbursed, it would be the height of folly for any one having money, to put it into business. So even in successful business there would be no accumulated capital to divide until the money invested is repaid. But if the relative proportion of profits to be paid to labor and to capital could be figured with mathematical correctness, it would not be a solution of the great problem of American labor. The real solution of the labor problem in this country is to deter- mine how high the wages, or compensation for labor, can go, without destroying labor itself. The determination of that point is its only solution ; all else is merely the expediency of palliatives. Arbit ration, well enough in itself, only settles the existing dispute, which may arise again in the same or a different shape as often as it is settled. The cause of the dispute is not thereby removed, but remains the same as before. The higher the price labor can be paid and retain the market for its products, the better it is for everybody; and to that point, in all cases, the employer can go; but beyond that point it is an impossibility; for labor cannot be paid in the pro lu( lion of an article^ more than the article itself will sell for in the market. The market i)rice for an article and the compensation to be paid to labor in its production, are not, except to a limited extent, fixed by our country alone. In' re- spect to both, we are in comjx'tition with the markets of the world. A wise adjustment of duties on the ])r()dncts of foreign labor can* to a certain extent, prevent the reduction of prices in this country to a point ruinous to labor. But the price of labor can reach a point so Pennsylvania Board of Ai^riculture. 47 high as to be beyond the power of tariff duties to overcome the com- petition with the poorly-paid labor of the world. In the countries of Euroi)e, there are to-day twenty millions of laborers and artizans, producing articles for human consum])tion ; and their daily wages are greatly less than are paid for like labor in this country. It would cost any one of these laborers or artizans to remove from his home in the Old World to one in the New, not to exceed forty or iiftv dollars. For each one that should come there would be room for one less American laborer. The great attraction for emigration to this country has been that it is the land of liberty, home of the oppressed, and asylum of the exile. In addition, make it, by undue stimulation, the most attractive coun- try for high wages and short hours of labor — how long would it be before the labor market would be over-stocked from those bee-hives of industry, beyond the power of legislation, or the capacity of con- sumption, to save American labor from the starvation ])rices of the Old World? To determine the point to which the price of labor in this country can go and not produce such a result, is the real solution of the labor problem. The man of immense wealth is no happier than the man with mod- erate means, provided each is equally content with his lot. Comfort and contentment are the two essentials for happiness in this world's pilgrimage; and whoever possesses these has no occasion to envy any other condition in life. Riches are not necessary to man's real enjoyment; but the means to prevent starvation are. Noris a splendid palace essential to his real hapi)iness, but a shelter against the storm and winter's blast is. These indispensal)le recpiisites can be secured only by labor. Divine wisdom in the economy of creation made labor a necessity for human existence, and also made health and happiness dependent upon it. Labor, therefore, is not an evil to be shunned, but is the means for the attainment of most desirable aims and ends in life. In the sweat of thy face shaft thou eat bread, was not a malediction against the race, but was the statement of the condition on which man could be happy in his fallen state. All labor useful to man is equally honorable, and alike entitled to public consideration. A disagreement between the emjdoyer and the employe as to the wages of labor is no more a war between capital and labor than a disagreement between the merchant and his customer, as to the price of articles offered for sale, is a war between the ])roducer and the consumer There can be no war, or even conllict, between capital and labor when their real interests are rightly understood. They are mutually dependent on each other, and neither can accomplish any great result without the other. Of what use is labor, beyond the sup- plying of mere physical wants by the cultivation of the soil, without capital, to furnish transportation to market for its products, as well as for the development of all industries; and of what use would capital be without labor? In the old svstem of mining in Mexico, a peon dug the ore deep down in the earth, and- tilled a sack of raw hide with the material, and, throwiniithe sack over his shoulder, with a leather strap passmg across his fondic^ad to hold it while he used his hands in clindung a single upright i)ole, with notches like stairs, cut in it for his feet, and on reacdiing the top, would emptv the sack of ore into a larger one sus- pended on either side of a donkey, which transported it along a zig-zag tj >.. /ilLif ''vt 'II V i 48 Quarterly Report. path down the mountain side to a smeltinii furnace, erected by the nearest stream of water. Cai)ital drives a tunnel t]iroui>|li the moun- tain ; lays an iron or steel track, and puts on it a locomotive and cars, into which the ])eon loads the ore as he digs it ; and in as many min- utes as it took hours before, transports the ore to the furnace ; and the peon is translbrnied from a drudge, doing the work of a beast of bur- den, into a man with wages suliicient to make a home comfortable. Instead of the liovel of the peon, side by side with the stable of the donkey, there spring up comfortable dwellings, homes of happy chiid- liood. So in all the pursuits of life — in order to accomplish the best results for the individual hai)piness of all, capital and lal)or must go hand in hand, mutually dependent on each other. All manual laborers cannot be equally successful, any more than all ])r()fessional or business men can. There is no possible way by which incapacity or improvidence canbe madeequally successful with c^apacity, prudence, and economy in the struggles of life. If this in- born inequality bean evil, it must be charged as a fault in the wisdom of creation. But whoever is contented with sufficient means for mak- ing himself and those dependent upon him comfortable, has attained all there is of real liappiness in the accumulation of wealth, and has, therefore, no reason to complain of his lot. All cannot be poets, paint- ers, or sculptors any more than all can be lawyers, doctors, mercjiants, or tradesmen of any kind ; yet every pursuit and business calling is within the reach of all. The highways to honorable distinction lead from the lowly cot the same as from the gilded ])alace, and all are open alike to the humblest child of the sons of toil, from whom have sprung most of the historic characters of our country, and in which this generation is not deficient. The great soldier who sleeps on the banks of the Pludson, and who will, through all time, hold a foremost rank with the great captains who have led mighty armies over victorious battle-fields, was a farmer boy, and began life as a day laborer in a tan-yard. Tliemnrtyr-Presi- dent, wdio, of all the civil rulers of the world, will hold in the hearts of the great and the good a place second only to Washington, began life as a day laborer, and, to his mature manhood, earned his daily bread by liis daily toil. So in all the great enterprises of this generation, as well as those which have, preceded it, the men of the greatest success, in the world's estimation, have in most cases, commenced active life with the smallest of pecuniary beginnings. The grievances of labor in free elective governments are to be re- moved in the same way as any other grievance is removed — by an ap- peal to the intelligent judgment of public opinion. In free constitu- tional government, with free speech, free press, nnd universal ballot, there can be no excuse for a resort to violence for the correction of any grievance. In such a government, obedience to the commands of law and the mandates of courts is paramount to all else. No matter what the grievance complained of may be, a resort to lawless violence is an attack upon the rights of every law-abiding citizen— ui)on organized society itself— and if successful, is tlie first'step in the road that leads to anarchy and national ruin. An enlightened public opinion in a free government will, in the end, correct all real grievances, if peaceable means only are employed. It may require time and patience ; but that IS the case with all attempts to remove long-standing abuses. No cause, great or small, was ever yet benefited by the violation of I Pennsylvania Board of Agriculture. 49 fundamental principles of right. God rules the universe by immuta- ble laws of justice, and it is in vain for man to attempt to nullify them. One man's rights end where another's begin, is the fundamental i)rin- ciple of all just laws, and is the basis of civilized society. Liberty is the right of every person to engage in any lawful pursuit for a liveli- hood, and continue therein, without hinderance or molestation by any other person; and it is'despotism in its worst form that deprives hiiii of this right — a crime against humanity, scarcely less than the taking of life itself. Shylock says to the judge whose sentence of confiscation spared only his house and his life : "You take my house, When you take away the prop that supports it ; You take my life, Wlien you take tlie means which sustains it. " The inalienable right of life and liberty is of no account w^ithout the inalienable right of the pursuit of happiness. The pursuit of happi- ness includes the right to pursue any lawful calling without hinder- ance or molestation. The laborer is in all cases entitled to a fair compensation for the time he uses his brain or muscle, or both, for the benefit of another. The time thus consumed and paid for belongs to the employer, and he has the right to direct the mode and manner of its use. The time not paid for belongs to the employe, to do with it, within legal limits, as he pleases ; and the employer has no more right to say how it shall be spent than has the employ^ to say to the employer whom he shall hire or how he shall conduct his business. The right of the emi)loyer to control the time or the acts of the employ^ends wdiere payment ends. These are the relative rights of employer and em])loy6, and they can- not be violated by either without injury to both. Either has the right to organize for the purpose of improving his condition or prospects in life. But no voluntary organization has any greater power or rights than the individuals composing it; and any attempt to exercise any greater power or right than those possessed by the individual, becomes an organized attack upon society itself, which, in self-defense, if for no other reason, it must repel. The discontents and complaints of individuals as to tlieir lot in life spring, in most cases, from a mistaken notion as to life's most desir- able aims and ends. No matter what the condition nuiv be, there is more or less uneasy longing for something dilfercuit ; and even when that something is reached or obtained, the longingis not satisfied, and there is something still in the distance. Like the child who hastens to- wards the place where the rain])ow touches the earth — no matter how near it apiu'oaches the apparent spot — the distance remains the same. THE COST OP FEISXOG. By the iSecretary. For the purpose of obtaining definite data as to the cost of fencing and farm fences in different portions of the State, printed blanks were I' I 50 Quarterly Report. sent to the ofTieial correspondents of the Board, asking; for reports upon tlie following ])()iii1s : Post and Rail Fence.— Qo^i of chesnnt rails in the rongh, per hundred ; cost of i)()intiii^' rails, ])er Inuidred ; cost ot chestnut posts in (lie rouiOt>[iUdq 4o(Ji-ua9;xj^ gg^ggSii? 8 ^SS SS Sgt"!S!^S gSS^S o • • og oogjig c« o o o o i-( 1-1 C^l i-< I-* 8 8S8SSSSS8SSS8 8888 8 S8SS8 *^ BV, T^ ^S 1"^ ^^ ^^ ^^ ^^ gS ^g 22f2?2S^ S gSt!58 8S!^8812 »H 1—1 • • yj M iQ (3 0 «o 1-^ rl 0 83 10 • s 0 10 t? t^ 10 10 Q 0 0> 00 i-- t^ as 00 0 88 8 . . 2 • • • • . 8 1-1 8 8 . 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'^ *^ /11 • • • • • a • • 88 O w o 0) ^ t- — Q^ — 5-2 5; '»( .3. ) 51 QUAKTERLY RePORT. Tennsylvania Board of AoRicui.TrRE. 55 I. • iiiiiit mil DJURNxVL RAPAC^TOUS BIRDS. [With specini reference to Chester county, Pa.] By B. Harry Warren, OrnMologist of the Board, West Chester, Pa. li Ihis miniDer, oi course, inciuutf& unvio ncti^xw, x...^....v,.., , _^- dental, ( he term accidental l)eino: given to species that have wandered from their common geographical range. ... i • <, In presenting this paper, it is my pnrpose to particnlarize chietty such hawks as are most generally known to agruultiinsts. The lltHl-tailedHavvk-"Hen-Hawk.''-(B»x«eo borealis, Vieill.) Ual)—'' Tlie whole of North America, Mexico, Cuba, Jamaica."— i one s* This hawk— the most abundant of our raptorial birds— is the detested •* hen hawk " of the farmer. Certain ornithologists not being aware of the dissimihirity of markings between the adult and young, likewise llie climatic chanii:e to which tliey were subjected, named as distinct species this bird in certain conditions, which, however, have been proven by more recent investigators to be simply variations in the ])lumage. . The Red-tail Hawk is exceedingly shy and wary, and is taken with difficultv. unless approached on horseback or in a sleigh or wagon. ]n tlie far West, liowever, this is quite the contrary, and H. W. Hen- shaw, of Washington, D. C, one of our most reliable ornithological authorities, in liis -'Ornithological Notes," says: ''At Mount Graliam, in October, these liawks were present in large numbers, and tamer than 1 have ever known hawks to be elsewhere. Walking quietly along, there was no difliculty in approaching within a few yards of the tree where one chanced to perch. One individual, whicdi I scared from its perch ])y throwing a stone, took a few broad circles about me, as though wondering what it meant, and quietly re- turned to his former stand." Bed-tail hawks in their fall migrations are gregarious. One clear, cold autumn afternoon in 187<), I saw, near West Chester, a Hock of these hawks. The sky was destitute of clouds, except a cumulus stratum directly beneath, and apparently about half way between the hawks and the earth. In the center of this vapor was an opening of sufficient size to enable me to watch the gyrations of tlie birds; two of them suddenly separated from the main body, ai)proached each other screaming, and apparently in great rage. They descended screaming, and, to all ai)])earances, clinched to within about one hundred yards of the earth, when they parted. Evidently neither l)ird had received much injury, as they both, after taking short llights across tlie meadow, ascended in company with two or three of their companions that had accompanied them part way down, to the main body. Another indi- vidual closed his wings until the body presented a triangular outline, descended with almost lightening-like rapidity to the top of a syca- more, where it alighted, and remained for some seconds i)lnming itself. This party of hawks, after perlbrming for nearly twenty minutes, « these, and numerous other aerial antics, continued I heir soutliern llisiht. Coml)ats in mid-air are quite common among red-taded hawks. I have repeatedly witnessed such hattles, and am fully convinced that in tlie great majority of cases food is the incentive to such action. Illustrative of the superior vision of this hawk — and the same applies to other of the Rapacia—Wx^ following is given, as ohserved by the writer: A clear morning early in March, I saw a red-tail circling over the meadows; every circle took him idgjier and liigher in the air, until at an altitude where he appeared no larger tliau a l)lackbird, lie stopped, and with nearly closed wings, descended like an arrow to a tree near by me; from this perch, almost the same instant he liad ali'dited, lie Hew to the ground and snatched from its grassy covert a mo"use. The momentum with which this bird passed through the at- niosT)here produced a sound not very unlike that oi therusliol distant water This species when wounded, like other rapacious birds, will defend itself with its claws and bill against all advances. A stick or gun-barrel presented to it, when crippled, will be grasped, and the bird can be carried pendant from the same a considerable distance before it will lose its hold. With such tenacity do they hold on that a friend of mine who had winged one, in his endeavors to capture it alive had the bird to fasten on his forearm with both claws; to relieve himself he was obliged to take out his penknife and sever the tendons ** iVT/ziSw.— Nest-building generally occurs in March, and lasts from eight to fifteen days. The nest is built in the woods, commonly I,n a lai^ge oak or hickory tree. A pair of these hawks resorted for live consecutive years to a large oak tree, {Qucrcus UnHoruu) lor esting purposes, in a belt of timber adjacent to the ar-famed Deborah's Rmdc, East Bradford township. The nest is a rather bidky structure • is made, externally, of sticks and twigs, some of the lormer ei" g an inch in thickness ; internally, it is lined with leaves and the inner layer of bark-usually from the oak and chestnut trees. Tins linin<'-of bark is freciuently torn in shreds. ^ ^ f a Stain ornithologistB, Audubon among the number ^^ ^^^t, five eggs in their nests. I have, liowever, mostly iou.|.l two, and on no occasion have I found more than three to constitute the lull coinple- Tent The eggs vary much in their markings. Their gro.uul color is a d li white m rusty white, marked with minute brown spots, or witl la -"e iH.rplish dark'brown blotclies, often covering the greater par ol he e- Gentry tells us: "The eggs vary in size, even m the same nest The largest measures 2.52 by 1.88 inches, and the smallest ' 10 by 1 72 inches. " Incul>ation lasts about three weeks Certain ;vr es ciah, that this species will boldly defend invasion of is home oThepar of an. Such may have been the experience ot o hers, but such statement U the reverse of my experience I have taken ShTgs and^-oung, and, as yet, I have encountered no opposition ut havl fo d them coWardly, Hying away, in fact, beyond gunshot Smyapproaldi, uttering cries of distress, an.l seemingly to engage in mutual condolonce over their nustortune. The Red-S...,..n.erea llawU or B»..a..r Winlc- I-alc-u.-CBuMo Uneatu., V, n„j,-- United States and British Provinces (Nova Scotia, Bland.) W ^W«« western (? Canada, Mcilwrath.")—f owe*. ThisStilhl bird, like the preceding species, puzzled certain of "'^ 5G QuAKTEKi-Y Report. hi 9 the ()l(l('r oniitliologists, Wilson among others, who applied to it, he- cause ol* its varied markings, ck:c., distinct names, wiiich, however, more modern researches have conclusively proven to l)e sim])ly varie- ties, and not distinct species. In Ihis section, the Ked-shouldcM-cd Hawk is to be regarded only as a winter resident. With regard to the breeding of the hawk, however, in tliis locality, the following is an extract from a letter to myself from Dr. William E. Hughes, Medi- cal Department, University of Pennsylvania, Philadelphia, Pa.: '' The Eed-shouldered Hawk eggs — two in number — were taken in East -Pikeland township, Chester county, Pa., but in what year I am wholly unable to say. The female was shot and identified." During its residence with us it frequents principally the large water- courses, meadow-lands, and the vicinity of ponds, and not unfrequently an individual of this species can be observed on its perch overlooking a S])ringhead. When the streams and meadows are frozen, I have noticed that they especially resort to such localities as last named. When disturbed I'rom its perch, it utters, in a plaintive and impatient voice, the note, keeo^ Ireo. Its tlight, which is generally short, is graceful and very owl-like. This hawk, like its relative, the Red-tail, mav be observed sitting bv the hour on some favorite tree or stake adjacent to swami)y or boggy ground, watching for small quadrupeds and l)atracians, whicli constitute its principal fare. From 'Vl^irds of Connecticut," by Doctor William Wood, the fol- lowing mention of the nest, eggs, and habits is taken : '' Nidification commences soon after their arrival from the South. Oviposition usually occurs from the middle of April to the first of May. In one instance I took eggs on the first day of April that had been incubated at least a week, and then, again, I have taken them as late as the middle of May. More eggs can be obtained of this bird, in this vicinity, than of any other of our Rapacla, and I think it may safely be said, all others. The nest is usually placed in the fork of a high tree, (the l)ird instinctively seeking safety rather than any ])ar ticular kind of a tree,) and consists of sticks and twigs, resembling the crow's nest, though generally somewhat larger and more com- pactly built. Period of incubation al)out three weeks. The eggs usually nuTuber from two to four, more commonly three ; in one in- stance I found six. Of some thirty sets betbre me, there is a great di- versity of markings. In shape, ibrm, and ground-work they are all little anu- ,. , .,, ,^ . . the Iresh egg, with one or more very large reddish-brown blotches on the larger end, interspersed with smaller ones, diminishing in size and numl)er as they approach the smaller end. This is the most common appearance of the egg. I have taken from the same nest eggs hand- somely blotched, and white, or dirty- white, without any marks. I have selected four sets of measurement \ No. 1, long diameter, . . 2.30; short diameter, 1 85 2, '' " . . 2.15; ^ • • • 3, ^' " . . 2.30; 4, '' '; . . 2.30; '•• During the courting season it is circles with its mate, and filling the air with its shrill note"sr"'ili en- mutual attachment continues through life. They hunt in pairs The male not only assists in incubation, but supplies his mate with food u '4C U 1.80 1.80 1.80 very noisy, sailing around in si Pennsylvania Board of Aciiiici lture. 57 If approached by the sportsman while sitting, if the nest is low and exposed, the female will fiy olf very quietly and stealthily long before the male arrives within shot, and alight at some distance. If the nest is high up, she will draw down her head, thinking herself perfectly concealed and secure, while her tail invariably projects over the nest, dving unmistakable evidence of its occupancy. They become i llt- sarae or giving unmisraKaoie evuienct? oi ii» urruptun .>• ^^^^j .,^v.x...xv. .. tached to a particular piece of wood^, and will build near the san spot for years, if not killed, and will even continue to build there i< _ some time if fheir egi2;s are annually taken, occasionally rel)uilding an old nest, but according to my observations, they usually prefer a new one." During its stay in this section, I have found tliis hawk (iiiite lame and easy of approacli, and my observation has been that they himt sinsily, and not in pairs. As a winter visitant to Chester county, this species, altliougli not nearly so abundant as the Redtail, may be re- garded as of frecpient occurrence. I have in one season obtained twenty-odd of these birds, young and old. The Broad-AViiiKed Hawk- (Bwteo Pe).n.%yJvanicus, Bonaparte.) //^j._" Temperate Eastern North America. South to Costa Rica' Panama, and Ecuador. G\\hn:'—Coues. Of the genus Buteo, in this section, the Broad-wing is the least abundant. It is a native and resident. The movements m the air oi this hawk are easv and beautifully graceful. \\ hen in quest oi food, its night is in circles. At times, when circling, like the Sparrow Hawk, it win stand lor an instant beating the air, and then descend with great velocity upon its prey, which it secures, not in >ts descent, but as it is on the rise. I have on more than one occasion yitnessed his species take aliment in the way described. I incorporate it, not^Mth- standin«- it disagrees with certain good authority. Nes -building takes v>lace from the first to the middle of May and the four nests which I have found near West Chester have all been located in high trees : three in hickory trees, the other in an oak. Al Sese nests were over fifty or sixty feet from the pound. l.e nest is verv similar to that of the Coopers hawk; it is made ot sticks, twiVs leaves and rootlets, lined with feathers; one I found lined with ,a k ' The complement of eggs is usually four, although three some- me; is the full set. The egirs are somewhat larger than those of the C^me-'s 1 m k whl a dull white, grayish ground color with brownish mi spot' , which vary in size from specks to large patches, frequently ^'''Thiriu.wk is easilv captured, appearing quit^ tame and unsus- picious. I have always ibuud it to be cowardly, and to evince no rliQT^nciition to reT3el an invasion of its nest. i ii ^ •^Xlurn relates the following circumstance, -^f!^^^-^^^ T- V \'^c.r.^v oii^ l^rnflipr-in-law while out on a tour . as we crISdt n'rol'sklrt of wS myToun. companion spied a nest on 58 Quarterly Eeport. ri I> ished without the least difficulty. I looked at it with indescri])able pleasure, as I saw it was new^ to me, and then felt vexed that it was not of a more spirited nature, as it ]iad neither defended its eggs nor itself. It lay quietly in the handkercfiief, and I carried it home'to mv fatlier- iri-law's, showed it to the fnniilv, and went to my room, where I in- stnntly began drawing it. 1 put the bird on a stick made fast to my table, ft merely moved its feet to grasp tlie stick, and stood erect, but raised its feathers, and drew in its head on its shoulders. I passed my hand over it, to smooth the feathers bv gentle pressure. Jl moved not. The plumage remained as I wislied it. Its eye, directed towards mine, appeared truly sorrowful. I measured the length of its bill with my compass, began mv outlines, continued measuring part after part, as I went on, and ^finished the drawing Mithout. the bird even moving once. The drawing being finished, I raised the window, laid hold of the poor bird, and launched it into the air, when it sailed off until out of sight, without uttering a single cry, or deviating from its course." It would seem, however, that the disposition of this l)ird, under cer- tain circumstances, is very variable. Mr. A. G. l^oardman, of Maine, who iias fc)und several nests, and secured the eggs, finds it to be cour- ageous and spirited. A man whom he had employed to obtain a nest uas attacked with great lury while ascending the tree, his cap was t()rn rom his head, and he would have been seriously injured if the bird had not been shot. Another instance is mentioned bv Dr. Wood where this hawk attacked a boy climbing to her nest, fastened he ; withl dub' ''''^' '''' "^"""^'^ """^ ^^ removed until beaten off and killed The Si.ari'ovv lU,nk—(jralco spavverm,, Linn.) ^(«^'— 'Vfl'^ ^vhole of North America and southward."— a^Mt'* tlie taimly J^alcomdm. It is a resident, hut is more numerous durintr fall and winter than at other seasons. Unlike all ot Tof our Sivl rc:se".?th". ir^rT^'V"" '•'■•r'^ ^" '\ ^^^«"»- ^^''-tmale" a i: ^1 o It*"'. ^^"Ptorex, is larger Ihan tlie m.ile The Sparrow Hawk builds no nest, but deposits her e-eE i> . I . • i " ^t«,"?''^ster. at my call ,n,d alight on my outstretched arm or !V^' would come waiting for a grasshopper ir .^^c:^t::^:^£^^^':i::^::^^ Pennsylvania Board of Aoriculture. 59 recompense. This hawk will resort, for several consecutive years, to the same tree for breeding purposes. From Dr. Wood's '' Birds of Connecticut," tlie following remarks, with regard to the nesting of this bird, are taken : ''One of my collectors found a nest of four eggs in the top of a stump, about ten feet from the ground. This nest was composed of grass, and was discovered by the grass protruding through a crack in the stump. Whether this hawd^ constructed this nest, or Avhether it had been made by some other l)ird, it is impossible to tell ; l)ut if this hawk constructs no nest, as asserted by Dr. Brewer and otluM-s, it must have o])tnined it piratically, as the nest was new. In another instance, which occurred in Gran})y, Connecticut, the nest was known to have been obtained in this way. A farmer made a dove-house inside of his barn, with holes through the side of the building com- municating with it. A pair of doves that had mated there were at- tacked and killed by a pair of Sparrow Hawks, who took possession of their nest, laid four eggs, and commenced incubating. During this time they found the farmer's chickens very convenient for food — too much so for their own good. Both of the birds I saw^ after they were killed, and their four eggs — two of wdiich are now in my cabinet. The eggs contained young l)irds, hence this was a full set. Samuels col- lected one set of four in Maine, and savs in his Ornitholoirv : ''I am in- clined to think, from what I can learn from collectors and others, that four is the usual number laid l)y this bird.' " Incubation, which lasts for about a period of from twenty-one to twenty-four days, is engaged in by both birds, and while one is sitting its mate supplies it with food. When first hatched, the young are covered wdth a white down. The food of young, while under y)arental care, I have found to consist chietly of insects, mostly orthoptera and coleoptera. Cooper's Hawk — Chicken Hawk. — (Accipiter cooper i^ Bonaparte.) Ilrfh. — '' Temperate North America, and south ward." Var. — Gund- larhi^ Cuba. Lieutenant Warren\'i Erj^edltlon. — 5,1(>3, Fort Berthold; 5,1G4, Wliite Earth river, Dakota; 5,165, mouth of the Yellowstone. Later LJxpeditioiis. — 60,623, Uintah mountains. As may be gathered from the above, the habitat assigned to Cooper's Hawk in(dudes that of the so-called Aecipiter mexicaniiH. This last is a pure ligment, described by Mr. Swainson, who was a])])arently ignorant of A. cooperi^ and perpetuated mainly by ]\Ir. Cassin, whose authority has had weight in this instance wdth :dl American writers, until ([uite recently. The most that can be claimed for the supposed me.ricamis is that it consists of rather smaller and morc^ heavily colored, because more southern, specimens of A. rooperi : l)nt, even in extreme cases, the difference is insufficient to warrant retention of the name. Doctor Hayden's specimens, originally referred to ^^ mexi- canus'''' by Mr. Cassin, are no smaller than ordinary rooperi^ and not otherwise x)erceptil)ly ditferent. As in too many other cases, the id(Mitificati()n, in all ])rol)ability, was made u])on some su])])osed points of geograj)hical distribution that were groundless. So far as I know, the identity of jnexicanus with cooperi was first j)ublished by Mr. Allen, although others, myself among the number, had previously become convinced of the fact. There is little to add to Mr. Allen's satisfactory exposition of the case. This pretended species disposed (;i) . Quarterly Ekport. - 1,' ^:i i I (J at 1, we liaye in this country two species of Accipiter, identical in color- tion, and nearly so in form, but instantly distiiii>;iiished by the great disparity in size, tJie dilference being relatively as great as that sub- sisting between Ptcus viUosns and P. puhescus, and the t\No cases H «!.lPr"'''\^.F^'''"'^l-. '^'''^^ '■'^•■S^^^t females of A. fuscus grade up closely oward the small males oi eoopcri, but there appears to be a Z'n ter Ti f'" Y^J^^'^ ^hem, which, taking sex for sex, is much ^ eater. Ihe ennile fascun is twelve to fourteen long, the extent a out twenty-six, the wing seven to eight, tlie tail six to seven. The male eopper,. is sixteen to eighteen long, about thirtv in extent the ing nine to ten the tail about eight. There is also a diliere ce in tl a' ; Isolut: *'^' /Wv being much slenderer, comparativelv s threP tn . ^ -^'n'",'^ relatively longer ; the whole foot is not over Si V m i f "Vl ^""f' 'Y''"^' ^'I'^t of eoopcri is at least four, gener- ally moie. Ill adult male /k?cM* the tarsal sculella freouent v fuse leaving a perfectly smooth shank-a state not observed f." jw - R^a. 'on,u!'l^li'lr''^ ^'"^''^'^ ^'"-^ - ^«^- ^-- S..' PhIasa,'^Ta^;J''^^^^^ commonly-called "long-tailed chicken or tiranv of' on; .1 un.-n /'"' '"'^ '•.'•"' is probably more numerous Tilpnf n,i ? 9""^ V"i":.'' hapacia\ it is resident, but is not near so tSwt^Z^'t::f'''r^'' throughout the summe' and edri:y autumn. For impudent daring this species without donl\f s?"- is,z id :j3ss F5;^l»' T"-n,-ur docility of this sixHde« 1 Si!: f interesting account of the wl.ile in the sou/west rid.n t T^ '''■] '"teresting instance of this hawks that' Sd g^ ' • Sf SmoS ' loAlh'" 'Iv^ ' '' ''' 'T' l^"-*! were made at home directlv f^, "t! "*"•'• J I'!' *^'™"^' told, we known in these p^^rts Tis r ,^u, >r K ""'T*^'' ^j"' '''' ""'• ''«st was wehadcomesofa toIeetC tis^l ' ""'^ t"''^'^^^ ^^^^^^d news from the ' fort,' livin-V a™ ' ,lZ ' ' t T'f "",'r '''''^' ^« ^^^^'^ ^ he hospitality as his log-cabi^afforded n'l f ^''\ ,"^ tendered such m,bstance,is always mmV^t amT' n ^nrir ' t^^^^^^ ^>^"^^ "^ the birds shoul.l be dulv forth omb," *, •,• ?''! Promised that about here,' he added. lie em,ed t^.' Z'™?^^"! they're anyways shrill .vhi,t,e with his fi^^ ger^?L mouth ""n""^^ ^'^^^ ^ '^'"S' whistled again, when, like a far ecbn L i i ^"^ answer, and he ' Jes' so ; I s'piscionel t e> ,^ire off dow h'"^ " ■F!'''"' ^^^ ^^'""^s : own hook; thar they come- h[nl Pvl "^l' ^^'^ ''"''' '^"""n' on their ain't they 'i ' ^ ' ^'""'^ ^ '^ S^t some grub for 'em ; sold e^^r^^'^S£:^[:::iS:!'o^^:riS^':f ^'^--••l^"- '--- with' moment, and with a grac'^eful upSnf curv^fetn'T-*^ ^"" '' *'^« ^^'^ wood overhead. There (hcv sto ,d ,e rb. <; • ^'^ '"^ ^ *^" cotton- down through the foliage, efger ^H """J V^' outstretched necks ally uttering a whining\ot?BiS of us, but said he 'reckoned he'd fetcE'Cltrn'tl eTtSed Tll^ Pennsylvania Board of AciRiccLTURE. Gl lioiise for his riile. 1 was surprised, lor I tlioiiglit lie was going to kill one; but my companion called to my mind that Bill was still in the habit ol shooting small birds for them to eat, as'he had done wlien they were quite yoimg. The birds redoubled their clamor as their owner re-appeared, gun in hand, and leaped lower down among the branches. He stepped Ibrward a lew^ paces, and then, appetite over- coming their mistrust, they sailed down, and Ihipped about over liis head as he walked towards the bushes. Crack! pingi lie knocked the head oil' an unlucky sparrow, picked it up, held it out in his hand, and made a queer, chuckling noise, like a hen clucking to her chickens Tlie l)oIdest settled lightly on his shoulder, then slid down his arm seized the bird, and tlew ofl', with the other two in full pursuit. These three birds had been taken, when very young, from their nest in tlie crotch of a cottonwood over the cabin', reared in captivity until well- grown, and then allowed their liberty, with the above gratifying re- sult. Both the parents had been shot." Nidification commonly is begun about the 20tli of April, and lasts for a period of from three to five days. Occasionally this bird will deposit its eggs in a deserted crow's nest. Gentry, in his '^ Life Histories of Birds of Eastern Pennsylvania," mentions \in instance of where the new-lbrmed nest of the crow was taken, after having driven its riglitful occupants away. I believe, however, they prefer to erect their own nests, and, from my observations, am quite positive they only appropriate the nests of other birds when their own have been destroyed. Gentry observes, ''in cases where other nests are occupied, it is mainly done by young birds, or those of indolent halnts. " The building of the nest is the conjoint labor of both birds. It is usually built in a thick woods. When in such a locality is mostly low down, yet, when, as is occasionallv the case, aii isolated tree is selected as the nesting site, it is frecpiently so placed as to render it inaccessible to all advances of the oologist. Externally the nest is built of sticks, varying much in size. It is generally lined with the inner layer of bark, although, frequently, blades of grass, feathers, and leaves enter into the construction of the interior. While certain writers have described the nest as broad, with but a sliijht con- cavity, I would remark that such statement is not in accord with my observations, as I have invariably found the concavities to be well marked. Dr. Wood states: ''That the nests in this locality (Con- necticut) are neatly built, very s} mmetrical, large in proporticm to the size of the bird, and of sullicient depth for safety to the eggs, and to conceal the .occupants. *' The eggs usually number from three to four, although it is not a rare occurrence to find five. Their color is a dull bluish white. Excep- tional sets are sometimes taken with numerous and unevenly dis- tributed brown or reddish spots. A gentleman of my ac(juaintance once took four eggs from a nest wiiich were void of si)ots. The female, although driven off when the first complement w\as taken, made in the same nest a second deposit of lour eggs, and, strange to say, the last were all spotted Tiie period of incubation is given by Gentry to be eighteen days. Allhough, in this particular, my observation hiis been some\yhat limited,! am fully persuaded thut the time reciuired for this, likewise other of our Kapacla^ is, certainly, three weeks, or over. The young leave the nest in about twenty-five days; when about eight or nine weeks old they are able to provide food lor themselves; to this time, however, they are carefully guarded by tlie old birds, and fedal- G2 Quarterly Iveport. ii- t ' I I I i'j most entirely on a diet ul' small birds, young chickens, and some few insects. ^ =• -L»r. \yilli;nn Wood, in liis valuable piil.licatioii, "The Hirds of Con- necticut, to which I have repeatedly relerred, makes mention oC a ia«, wluch, It a])i)ears, has beea generally overlooked bv ornilholo'-- sts, viz: with regard to I he color oft he irides in the adult or fiiH- lumaged bird. He says : '• The eye is described as vellow by all au- Thc. . didf bfH "ir *'';,f "'••'«'=* ' nevertheless, it is reddish amber iM tiK ,. Ill I |„i,|. J, waslilleen years after 1 began mv ornithohxdcql calm.et be ore I received a specimen with this colored eye, and if up posed until 1 hen that the eye was alwavs yellow. I do not^ k„ ,w If ttfitT.ike".t'-]:a:r tf "^ *"" '^'f'^' iv^nrnnce,tXf^Z,^ /i;^,; f • T^' *'''"®® ■^^'"'^' andpossiblv more, for I have three distinct stages ot plumage in my collection represent ug as mauv ve- rs only one 01 which has the red.lish amber eve. This is iiotTSvl turw, as I now have four adull birds with this colored eve L d sSlv marked as m the gos-hawk." In reference to the forS^.f, <, ,« Sn ve 'l Inve 'ind'' ' ''•' "'"" "*' ^'" ^'''''^'- Withirrtli^^pT S ttVoll ''V''""l'="'^'^ of this ^^l^rl^X'i:^ aals'^S^SIne^ ^ L a r Wed '"T] V"'i-i;'"™'^g<-^d bird, may regani hln'el "^ ^earcity is due the omission by '.uSus wrlLSuU^llJi;; ^"^'^ //«j._u '1^1,^ ,,^,^, ^j. j^^^.^,^ America, south to Purnnn " ^' This extreme V darin" and snii-it^-i i; fi i i • '^- ~^oues. abundant of our\\or h AmerioTi Jnl • ' ''''^yk is one of the most the autumn, winter amltXi^rirSitepliulS '''^''^ ^^"""^^ ated among the indio-enous fr,,Lr, l? ni T P^*^""'"'- It is enumer- however. but few neST'eE repoS andT"''" ^ l'"^ '■^^'''"• as one of the rarer of our nitivP /^Z/ ' ? , '™ ^'"^^ ♦o record it both built in low cedar trees .Psfn^f''^*' ^ ''^^^ ♦'''^^" ^avo nests, small twigs,and ueT WseTy'l iTfi™ v L^dT 'tK^' --tructed of was quite superficial but thnt J t 1 ?i "^"^ cavity of one nest -each nest co,S ^d Le-are t"l«>^ 7"^^" <'«'""'*'^- The eggs Gentry, a close observer and fu.il??^^ ^'^''"^ ^''^ ^''^ of uly. HistoriesofBirds,'Ularthe'^:sL r^^ >" J'^« "Life secutive days, but we have positi?^' oort'intt"'?-'"''" '"^ ^'^"- 18 intermitted, and at other times evS wo n, in ""^^f' '^ '."'^'^ ^'^^ between each deposit. " In one ^i mv nl«f= t /'""^^ '^"^y^ intervene tervene after the deposition of ^.ch'ftl.r!? ^"""1 *Y« '1^>'« ^o in- was deposited after an intervenHo of tl I. J^^'^ '"A'^ ^^'^ '''"' ovum them breeding in the deserted „es of tfc ''^'- ^^"^'"^ '"'^ lo"'"^^' '^''''« was the aduit During the breeding season, they frequently hunt together for fnn.l for themselves and young, " and if; perchance! they spy a ou ri o a tree, one will drive it while the other poises itself rSuly to se ze it f It dodges to the <.ther side to evade the grasp of the first l.ntt P. ociLxcitc mt; clttN lilies 01 tlieir raDHflOim vnnno- '' 7P.>^ 7 t i . of the food, Gently remarks sE n ai^l^SoFows" ThewS','"""' cipal y on snndl quadrupeds, small birdi, and iS Js amftW . "' and the flesh of birds u d of nv.! ^'" i "^' T'^'f' «'' «'-««sIioppers thirst at a single S ' t "-1 j 1 /'' ^"'T, necessary to ,iue„ch it^ ened for food It is fierce and nrS t '^"* •''' ''''^''' ^'^''^ when strait- now and then eke a hen o chicken^'' FT' 1"- ^''■«:'"^' ^''^ <'«'•'»' ^ill lateral approach. He flttrServ'ehn \' '""V'"^^ ^' '"'''^^''^ ^ farm-yard happen, lunvever onS?St? "'fct^'T^^'^^ ^''^ near wet meadows, where mice moles u-'i ,■ "^'"J'"'^ frequently seen also feed upon lizards, amSS- bule.:^ ,t "=' '"''' P'-^^'^'ent ; and humble snme--mcitaS} ^' '^''^' "'^'^'^ ^«"t«"t with the most My examinations of one hundred in,l t,,.^ i ; i ,• ., • vealed in eighty-one chielly mi 'e • nd ,- 1^' "' i*'"', 'P^"^«' ^^- small birds; ,n„e, chiclJu^ hie : :''l•■'•l^^^^^f '««««>"« few skm; one, a part of a skunk -one or^-,' rabbits; one, ham- three, snakes ' "®' ^ ""'^ «i"'rrel ; one, a grey squirrel ; various dimensions from th^ c roV V f 9^V^^'^^ of ten frogs ox cessful i„ obtaining a supp 1^01^ s it ;?n t";'\7''"r'-. " I*' '»>f «uc- mals or fowls, apparently wi, ha g„td re "^* P f'^' «'' ^''-^'^^l ^^"i- Nil a 1 remarks thnf Aiic- i. i i- ^^J\^^^. — Hood. ably insects 3'crIy^Ll /;;:'; ;:S1'"- - frogs, and prob- sists of small quadrupeds, and ^1 hinll'S r Ih"^^ ''^'-V'^ ^ ^^^ ^eiuiaJly, reptiles, and 1/ennsylvania Board of AauicrLTURE. 65 many insects, and tliat the food of the young consists of fraarrow Hawk. H. W. Hensliaw says: -"^ Its food consists chielly of the various kinds of coleopterous insects and grasshoppers, of which it destroys multitudes: in fact, this last item is the most important of all, and where these insects are abundant I have never seen them recourse to any other kind of food." Allen, in his '' Ornithological Notes of the Birds on the Great Salt Lake Valley," says: ^' The sparrow hawk, however, was by far the most numerous of the Fal con Idee ; thirty were seen in the air at one time near the mouth of Weber Canon, engaged in the capture of the hateful grasshoppers which seem at this season to form the principal food of this and other birds." Audubon mentions that he had one of tbese birds tamed. It was allowed its liberty. ''In attempting to secure a chicken one day. the old hen attackedhim with such violence as to cost him his life." Dr. Wood says : " When they cannot readily procure their lavorite food, mice and small birds are greedilv devoured ; and, according to a writer in the American NaturaUst^ thev are not wholly devoid of the piratical habits of the Bald Eagle. ^A\ame cat was crossing the street bearing a large mouse in her mouth ; a spar- 1) 66 QUAKTEllLY IvEPOKT. row hawk came Hying over and seeing llie mouse in her nionth, made a sudden swoop and tried to seize it witli its talons, but did not suc- ceed. The hawk continued its attemi)ts until they reached the oppo- site side of the street, when the cat disappeared under the sidewalk.' If it catches a mouse that proves to be lousy and poor, it wall leave it and seek another/' Gentry w^'ites : '" Of all our falcons, it is the least timid and suspicious; and manifests nearly the courage and address oi colambarius. Like the latter, it does not deserve the severe cen- sure and cruel x)ersecutions which are occasionally inilicted u])on it. It is certain! V regarded in some sections witli less disfavor than anv other species. The countless number of field-mice and noxious in- sects which it destroys, sliould command for it universal respect. It is certainly a great benefactor to agriculturists. It is too frail a crea- ture to commit much mischief in the farm-yard. If it destroys a few young chickens occasionally, as has been asserted, the immense good wliich it accomplishes more than balances the mischief done. Its numerous visits to the barn-yard are not made with a view to depre- dating upon the farmer's poultry, but for the vermin wdiich frequent his various outbuildings, and are so destructive to his stored grains. Let them be encouraged in their visits. They cannot carry away the adult hen, and as ibr the chicks, they are so well guarded ])y the mother that, only in rare instances, w^ill this hawk luive the hardihood to ven- ture an assault upon the brood unless it be considera])ly scattered from the parent, when it will merely single out the most distant chick." ^ The stomach contents of twenty-nine of this species, wdiich I have dissected, showed, in fifteen, principally mice, with frequently traces of various insects ; six grasshoppers; tw^o, coleoptera and grasshoo- pers; two, meadow larks; lour, small birds— sparrows. Within the past four years, or since those much detested little outlaws— the House or English sparrows— have become so numerous about our towns and villages, these hawks, likewise, occasionally, the sharp-shinned and Cooper's hawks, very frecpiently during the winter season come into towns and about the buildings, and do a vast deal of execution among the hosts of the 'kittle feathered usurpers." The Cooper's Hawk. Dr. Coues says, in speaking of this hawk: '^Possessed of spirit com- mensurate with its physical powers, it pravs upon irame little if any humbler than that of our more pow^erful falcons. ' It attacks and de- stroys hares, grouse, teal, and even the younu' of larger ducks, in the state in wdiich they are known as * llappers,' besides capturin<'' the usual varieties of smaller birds and (luadrupeds. It occasicmally seizes upon reptiles or picks up insects, hi securing its prev it o 68 Quarterly Keport. Iff-'' M hi it !;•« i ^i The liou^h-Icfi^eU Falcon — " Ti<4'<'r-Iiau k." — (Archibuteo Ingupics, va7\ Sancti johayineSj lieimi.) All irreixiilnr winter visitant. Nine birds all showed their food to be exchisivelv jield-mice. The Marsli Hawk— ''Bo^-t rotter." — (Circus cyaneus, var. hudsoniuSj Linn.) Not uncommon in the autumn as a passing visitor, frequenting during its stay chielly meadow lands. Can readily be distinguished from other hawks, when tlying, by white feathers over the tail. Of eleven birds examined, five revealed mice; two. small birds — Den- droica ; — three, frogs ; one, a large number of grasshoppers with a small quantity of hair, evidently that of a young rabbit. The Duek Hawk — {Falco communis, Gin.) This hawk is a rare visitant in tliis section. I have never obtained but one specimen taken in Chester county, and the alimentary tract of this bird was void of all food. The gentleman, however, who pre- sented it to me caught it in a steel trap, and advised me that it had robbed him of several tine hens. The Pig-eon Hawk— (i^aZco columbarius, Linn.) A rare migrant, and winter resident. Two of tlie three specimens which 1 have obtained showed remains of the common pigeon. In relation to this pair of hawks, from my note-book 1 take the follow- ing: These birds during the late fall lurked about the southern sub- urbs of the borough of West Chester, preying at regular intervals on the pigeons of a blacksmith. In one week the hawks killed or drove away lifty of the birds. The hawks would enter the boxes and take from them the pigeons. The stomach of tlie otlier bird of the species was destitute of nutricious matter. THE OWL FAMILY.— FOOD, HABITS, &c., WITH SPECIAL REFERENCE TO SPECIES FOUND IN EASTERN PENNSYLVANIA. By B.H. Warren, M.D., West Chester, Pa., Ornithologistof the Board, The owls constitute a division of the order Raptores, and inhabit every quarter of the globe ; while certain species confine themselves to the ice-bound Polar regions, others find a congenial habitat beneath a tropical sun. They frecpient both populous districts pnd desert tracts; generally speaking, however, woodland areas and meadow lands are their favorite resorts. Some few species obtain their food durnig the day, slill tlieyare for the most part nocturnal. JJurino-fhe daylight they remain concealed in hollow trees, caverns or dense ibliage, preferably cedar thickets, until the hour of twili^dit has ar rived. They never feed on carrion, but subsist on such food as they are able to kill. Their dietary, although variable with locality ^u'd circumstances, consists mainly of small (luadrni)eds, (i)rincii)M]Iv iicld mice,) insects, chietiy beetles and grasshoppers, and some few of the smaller kinds of birds. Many species are capable of livin^^ without Pennsylvania Board cf Aghiculture. 69 water for months at a time, though some of them drink it readily, and often bathe freely.* Most of the members of this sub-order lay from two to five round, white eggs, which are deposited in holes in trees, rocks, or the de- serted nests of hawks and crows. The owls, collectively considered, possess an apparently heavy, but in reality, slender body, and a large, broad, thickly-plumaged head. The plumage of the body is made up of long, broad leathers, and is so extremely soft and downy as to render the owTs lliglit almost noise- less. The coloration is, in most species, somber. The auditory organs are highly developed ; the external ear in many individuals being fur- nished with a kind of lid, that gives material aid in the collection of the wave sounds. It has been said that '' all l)irds of the owl kind may be considered as nocturnal robbers, who, untitted for taking their x>rt^y ^vliile it is light, sur])rise it at those hours of rest, when the tribes of nature are in the least expectation of an enemy. Thus there seems no link in nature's cliain broken; nowhere a dead, inactive repose ; but every place, every season, every hour of the day and night, is bustling with life, and furnishing instances of industry, self-defense, and invasion.*' In Pennsylvania, we have eight species of the nocturnal Rapacia, viz : Great-horned, Long-eared, Screech, Short-eared, which consti- tute a class known as the tufted or horned owls; with the exception of the short-eared species all are resident in this Commonwealth. The second sub-division of this class, denominated Smooth-headed owls, includes the Ba-rn, Barred, Snowy, and Acadian owls. Of the Barn and Snowy owls it may be remarked that neither breed in this State. They occur here as transitory visitants. The Snowy owl is indigenous to the snow-bound regions of the Arctic wilds. It is only during very severe winters that straggling individuals of this species wander as far south as Pennsylvania. The Barn owl, whose peculiar physiognomy has won for it the appellation ''monkey-face," is a Southern bird. The Acadian owl occurs here as a winter resident; not plentiful. The Barred owl is also a species which does not breed in this sec- tion of Pennsylvania, where it is found as a winter sojourner. While it is generally an accepted fact that owls are nocturnal in tlieir iiabits, it is not true that they are exclusively so. The Smooth- headed owls are of a decidedly diurnal and crepuscular nature, and of the horned owls it miglit be added that in cloudy weather or in the early twilight it is by no means an unfreciuent occurrence to see the Long-eared, Screech, and even tiie Great-horned owls sally forth in quest of prey. The discordant, at times even hideous, voice of the owd has always been considered among the ignorant and superstitious as a presage of some sad calamity that was soon to ensue. Illustrative of this su])erstition, an Knglish writer says: ''During my absence, the l>arn owl had a sad time of it at Walton Hall. Its supposed mournl'ul notes alarmed the aged house-keeper. She knew lull well what sorrow it had brought into other houses when she was a young woman; and there was enough mischief in the niidnigiit wintry blast without having it increased by the dismal screams of ~*TiPTM«nnn M. F.verhart, a Chester county naturalist, had in captivity for a period of ahoul two years a Great Horned owl, and during this time he says: " It never would lirink water." 70 QUAKTKRI.Y RkI'OKT. ft- If ' ( II tl i soinetliinii: wliicli people knew very little al)oiit, and which everybody said was far too busy in tlie cliurcii-yard at niglit time. Nay, it was a well-known i'act, that, it any i)erson was sick in the nei<;hborhood, it would be forever lookini!; in at the windov/, and holdinir a conversa- tion outside with somebody, they did not know whom. The game- keeper agreed with lier in everything she said on this important sub- ject, and he always stood better in her books when he had managed to shoot a bird of this bad and mischievous family. However, on my return from the wilds of Guinea, having suifered myself, and learned mercy, I broke in jneces the code of j)enal laws which the knavery of the game-keeper and the lamentable ignorance of the other servants luid hitherto put in force, far too successfully, to thin the numbers of this benelicial, harmless, unsuspecting tribe. '^ On the ruin of the old gateway, against which tradition says the waves of the lake have dashed for the better i)art of a thousand years, I made a place with stone and mortar, about four feet square, and fixed a thick, oaken stick firmly into it. In about a month or so after it was linished, a pair of Barn owls came and took up their abode in it. I threatened to strangle the keeper if ever after this he molested either the old birds or their young ones ; and I assured the house- keeper that 1 would take upon myself the whole responsibility of all sickness and sorrow that the new tenants might bring into the hall. She made a low courtesy, as much as to say : 'Sir, 1 fall into your will and ])leasure,' but I saw in her eye that she had made up her mind to liave to do with things of fearful and i)ortentous shape, and to hear many a midnight wailing in the surrounding v/oods. I do not think that up to the day of this old lady's death, which took place in her eighty-fourth year, she ever looked with ])leasure or contentment on the l>ani owl, as it Hew round the large sycamore trees, which grew near the old, ruined gateway.'' Having thus far made a somewhat desultory review of the owls, I now desire to call your special attention to the nature of the food of our native species. As these birds are generally inactive durin:riculture " Stimulated by the sake of i)ecuniary gain, residents of t1iis county have shot, caught, and trapped on all occasions every attainable hawk and owl. As such mcniless slauirhter progresses, we see the ubiqui- tous small boy and able-bodied men spare not even the half-fled^'ed nestlings. In this connection, it might be added that with the exce])- Pennsvlvania B )akd of Agriculture. 71 ion of the Cooper's and Sharp-shinned hawks, nil the species found in eastern I ennsylvania are among the best feathered friends that the farmers have. This statement is especially true with regard to the Si)arrow-hawk, the smallest representative of the North American falcons, which, unhap|)ily, have been slain by dozens. In returning to my subject proper, would state that I present to your consideration the views of certain of the most eminent ornithological specialists in America, and the result of fifty-odd stomach examina- tions of owls captured in Chester and Delaware counties during the last eight years. This evidence and array of facts all tend to prove the great economic value of the owl tribe. Great Horned Owl, Audubon says : '' Its food consists chiefiy of the larger species of gallinaceous birds, half-grown wild turkeys, pheasants, and domestic poultry of all kinds, together with several species of ducks/' Wilson observes that '' it preys on young rabbits, squirrels, rats, mice, partridges, and small birds of various kinds. It has been often known to pmwl about a farm-house, and carry olf chickens from roost.'' Gentry, in Life Histories of Birds of Eastern Pennsylvania, says : ''The food of this species consists of small quadrupeds, small birds, and insects. The poultry-yards are not safe from its nocturnal rav- ages. Instances are known where, in the course of a few nights, entire roosts have been completely destroyed. The food of the young at first consists of fragments of the animals and reptiles taken captive, besides various lepidopterous and coleopterous insects." Nuttall tells us they usually prey on young rabbits, squirrels, rats, mice, quails, and small birds of various kinds; and when these re- sources fail or diminish, they occasionally prowl pretty boldly around the farm-yard in quest of chickens, which they seize on the roost. Nuttalf further writes: ''My friend Dr. Boykin, of Ceorgia, says a Great-horned owl, prowling around his premises, saw a cat dozing on the roof of a smoke-house, and supposing grimalkin a more harmless, rabbit-like animal than appeared in the sequel, blindly snatched her up in his talons, but finding he had caught a Tartar, it was not long before he allowed puss once more to tread the ground." My own records of sixteen examinations of Great-horned owls, which, with one exception, were all taken during the winter months, revealed in eleven individuals only remains of poultry; two others, portions of rabbits, and of the three remaining birds of this series it was fohnd that one had taken two mice ; another showed small amount of hair, apparently that of an opossum. The sixteenth and last bird contained a mouse and parts of beetles. The Long- Eared Owl. This species is probably the most abundant of all owls in eastern Pennsylvania, and unlike other of its congeners is, during the winter months, irreijcarious. Having had abundant opportunities of studying the food-habits of this Inrd in this section, I assert, without hesitancy, that its fondness for mice is such that it will not subsist on other lood unless forced to do so. I have examined the stomachs of twenty- three Long-eared owls, and found that twenty-two of them had taken only these rodents; the other examination made of a bird taken in the* late spring, showed some beetles and portions of a warbler (small bird). i f J ■V:'.i ■A ' -;;! I ■I'' 72 QUAKTKIILY EErOET. Eeferrin^ to this species, Andul)on says : '' It preys (^liiefly on quad- rupeds ol" the genus Arvicola, and in summer destroys many beetles.-' Nuttall observes : '' Besides mice and rats, this species also preys on lield-mice, moles, and beetles." In conculsion, I would state that, not desiring to occupy too much space witli the dry details of post-mortem researches, 1 have made special comment only on such owls as breed and are commonly known in this district (Chester and Delaware counties). Tlie food materials of the other species of owis mentioned in the fore])art of the pa])er do not materially differ from those of our native species. In relation to the act of Assembly, passed June 23, 1885, generally known as the '^ scalp act," I desire to call the reader's attention to a report adopted at a regular meeting of the West Chester Microscopical Society, held March 4, 1886. In addition to said report, I take great pleasure m presenting to you letters from some of the most eminent naturalists of this country. TTiG Screech Owl. Prof. Samuel Aughey, of Lincoln, Nebraska, writes that this species is largely an insect-eating bird, and in support of such assertion he presents the following results of dissections that he has made : Date of Examination. O X 50 ^ -r O 0) 00 a i-i u 06 -»-9 OJ o p^ September, 1867, September, 1867, June, 1868, . . July, 1869, . . . August, 1870. Septoml)er, 1872, Sef)temher. 1874, June, 1875, . . . 47 32 41 50 49 12 8 22 69 38 67 16 16 Small bird. Mouse. Mouse. Mr. L. M. Turner, of Washington, D. C, a member of the scientific corps of the Smithsonian Institution, informed me that he had dis- sected a number of screech owls, captured in Illinoies at dim^-cMit seasons of the year, and had very generally found their food consisted of such insects as the larger beetles and grasshoppers ; also, many field-mice. In a series of fifteen examples of this species taken in Pennsyl- vania, I found tliat thirteen had fed entirely on insects and field mice • two, small birds, sparrows. ' rENNSYLVANIA BOAKD OF ACJRlCLLTURE. \z THE BOUNTY OR '' SCALP '^ ACT OF 1885. Bv THE Sl'X'KETARY. During its session of 1885 the Legislature enacted the following act for the destruction of wolves, wildcats, foxes, minks, hawks, weasels, and owls in this Commonwealth : i^r • TON \ Beit enacted &c„ Thai tor the benefit of agricultureand tor theprotec- timfo-L^uno* wit ift^B Comm^^ is hereby established the t<> -vvjn^ rTn iims tor U e 1^^^^^^ of certnin noxious animals and birds, to be paid by he resne tive counties in wliich the same ate slain, namely, for every vvildeM ^^"^^^^jl^i: l^rrforeve?^ red o^ fox one dollar, for every mink lifty cents, tor every weasel i^tv cents for ever? hawk tiftv cents, and for every owl, except the Arcadian, screech, nr h-mi ovvd wh c^ is herebv exemi>ted from the provisions of this act, titty cents. %^rTToi^2 T shall be the duty otanv pets >n, having killed any animal or bird mentioned ^n the first section of Ui is act.^ind who is desirous of availing, himselt ot the nremium^ produc'e such shun animal or bird before any magis- trate a leranTr usticeof thJpeace of the county, in which ti^^^-'-^.^^f.,^,^^, ^^^ ' urtt^, riivtr- ..f thA ti.np Mnd nlaceof k 1 ngihesame- Provided, liiai the pen, U^:ii^lo^l^^V^^oFZ^ such anhnal, -nay b. produo.d in li..., ,.r t >o san e when"o p^eXred : and upon td reception of any such «..>>';^1- - Pf '.^^--pVe's it shall be the duty of such magistrate, alderman or justice ot the peace, in t"e pres- ence of siidDerson kiUitiK such animal, or bird, and one elector ot the county, to cut oli the ears ol such ani.ma or the head of such bird, and in the presence of said per- ^Z-rlZ'^f'^VuoutUe destruction of the ears or heads as aforesaid, the majjistrate. coutain the following facts, the kmd ot animal, or bird killed ^y^f "* ') ' ^^^^y'"^^ !;.. 5»r iulV of ll.e in.Bl.lraW. Jderiimn orJi.«llc« of ih. pmoe »ti.« >'■»"•>"■' .W« Si th. .ecoiid »cil.,n »f U.i. •«. to ill. t « """"•'••'"'«; '•"'""""..l',,^; the "!'. 'Tnetotraniount of bounty a..tually paid from each county treasury up to No- TThe'eftl^'(in the opinion of the officers,) of the repeal of the lawso faras it atlects liawks and owle. t. i i »,„!,rs;r,,';rrjTi.t-;n'5?.:XK>ii;-i".«.^^ percent., in order to cover the total amount paid ^^7 ^^^h «ou"ty. 1 he r^n*^^^^^ Uie tcmowing as the amounts actually paid between the dates given l^ the circular, v 1/ . from November 1, 1885, to November 1, 1886. .t or;i no Au/erne, 833 75 1,181 10 130 00 Centre, 1,^27 05 Chester, Clearlieid, Clinton, Coluinhia, Oawlord, Oiirihorland, Dauphin, Elk Krie, Fayette, J-wItrrSL^ . • ■ • • • • • • • • Franklin, 944 50 1,500 00 325 00 900 00 8,022 90 500 00 450 00 350 00 2,746 00 650 00 350 00 967 00 700 CO 267 50 625 00 Lycoming, 1,039 00 McKean, 1,<>23 57 Mercer, 2,319 70 MilTlin, Montgomery, Northampton, Northumberland, Perry, Schuylkill, Somerset, Sullivan, Sus(}uehanna, Tioga, . . Union, . . Venango, , Warren, Washington, Wyoming, . 357 60 85 20 381 60 566 70 1,140 25 450 00 1,600 CO 3liO CO 1,200 0;) 1,169 00 410 00 952 60 1,893 25 727 50 8i;0 (10 Fulton, Greene, 1,200 (0 Huntingdon, 2,000 00 The answers to the second and third queries (the effect of the repeal of the act solar as it applies to hawks and owls, and its total repeal) were answered by the respective county ullioers, as follows : Replies of County Commissioners. Adams.— '^The law should be repealed except as to wolves, foxes, and wild-cats the repeal as to hawks and owls would be a saving to the county of |2,500." Armstrong. —^'- Repeal the whole act." AUef/he7iy.— ''So far as this county is concerned, its repeal would not affect tlie num- ber destroyed." Beaver. "The commissioners think that the whole act should be be repealed." Berks.— ''Onr opinion is that the whole act should be repealed." Bucks.—'' Think that the portion as to hawks and owls should be repealed ; the bal- ance of the act should remain as it now is." Bradford.—" In the opinion of our county commissioners, hawks and owls are more benoticial to larmors tiian detrimental, but they are of the opinion that the whole act should be repealed for the following reasons : 1. It encourages hunting as an occupation. 2. Because the motives of self-interest will prompt the destruction of all these animals found doing damage. 3. Because of the drain upon the treasury." B/ air.- "The general impression is that the act should stand as it now is ; there is no doubt that it is beneticial in our county and mountain districts. The elfect of re- pealing the whole act would be very injurious, both to crops, domestic, and wild game. The law, as a whole, meets with general af^proval. The expense for the lirst year seems to ba rather burdensome, but in the future it will be nuicli less. Therewere some three hundred and fifty f >xes killed since the law went into effect ; and thus it wi.l be but a short time until every destructive and noxious animal will be extermin- ated. What is true with regard to the fox is also true in relation to the others named in the act." Butler. -<' The act as a wh'ile should stand as it is; that portion relating to hawks and owls should not be repealed." Cambria. — " We favor the repeal of the whole law, and especially that portion re- ferring to hawks and owls " Cataeron. — **The law should be repealed so far as it refers to minks, hawks, and owls. It has a tendency to encourage a certain class of men who devote their entire time to hunting." Cew^rc— ♦' We believe the act ought to be repealed as to hawks and owls. The ef- fect of repealing the whole act woukl be a saving of thousands of dollars to the tax- payers annually. There would be about as many of the destructive animals and birds killed if the act was repealed, and by persons whose duty it is to protect their prop- erty. We emphatically favor repealing the entire act relating to bounties on scalps." Chester. — "The opinion of the county connnissioners and farnH^rs generally is that the portion of the act referring to hawks and owls should be rep(5al(;d. As to repeal- ing the whole act, there is a difference of opinion. Many do not favor the repeal as to foxes, minks, and weasels. We have paid bounties on the following: Six hundred and sixty six hawks, sixty owls, two hundred and eight minks, two hundred and forty-eight weas Is, and one hundred and seven foxes." Clarion. —•' We believe that the entire act should be repealed. Its repeal would be a benefit to the taxpayers, and no disadvantage to the farmers." Clearfield.— "Two thirds of the amount has been paid upon hawks and owls; minks, hawks, and owls should be abandoned ; panthers, wolves, wild-cats, and foxes should be retained." Pennsylvania Boakd of Aobiculture. 75 Clinton --rhink there might be a bounty on wolves, wild-cats, and minks; would be satisfied with the repeal ot the whole act. bountv should be Columlna.-'^ Repeant as to -v J., as^^^^^^^ ^^^ ," o" Itry ^^P^^^^"^^ '"'K V''''' "'' continued on hawks, '^'^ ^}'^y }%'l foxes would be killed in this county ust the same, would have no mjurious effect, ^l ^ foxes wm^^^^^^^ ^^^^j^^ ^.^^ ^^^^^^ Weasels destroy rats, nuce, &c.^ Those who are mjureu yy iust the same without the law." - , . . - vitliout the law." ,>„;„!,>„ ti.at the whole law should be Crawford.^ . The co.n,uiss,oner« are^_.f "'« >P';'« '^^tL„e% are all Car.ners. and - ■'- •■ e earliest I"'S.ible nuMne, Ihe co r^i^«io^^^^^ ^^^ _,^^ ,.^^„,. [^Srco-rd\,rtr.e^Serji;r "th-r"^^ .-t dan.ag. to ,he lar„.. ers; they are the farmers' best frie,nds. ^ ,,, ,^^ ^.i, ^pppive anv benefit bv continu- i„:,ri[ra^v;aH orVhra^^ra^^^^^^^ — -« -"--^ -ll^SB^^i:^^!^^^ re.ealed. . . 'T:,'r«r'-"Nr!.>::rp!;;hus^lv'r "L people at large. Much trouble to the county ^*X".,I-'' irwoulTb7v4'iirrepeal the act as far as it refers to hawks, owls, and minks." ^ x.^. ^ k^ t-ot^a-^IaH Twentv-five wild-cats, four hundred Tundr^da^id'se'venty-eight ''-vKs and sixty-e.ght ow^s.>^ .^ „ J,'««o«.-'H)ur opniion IS favorable to «,nt^m Greene.-'' ^<'P'^"''''f "■''"i'\''fi^ i .ninlt renealed antl if any law is retained, it 7/,m(tn,vri<'«.-"The law of 188a «' " '>'^, ^^..^^'I^.^rs directed to the county con.- shouUl be the same as the old law, '■ivngthe "{^^^^^^''^'f^^siderable ext-a work niissioners insK'ad of to "'9 ''2^'rt^ftenb.as arsons entitled to an order to great in- lor the connnissioners' clerk, and often P"'^ P®ff"Q,, ' ^s i„ onler to get the money, convenience to have it signed by he «"" "y «; ("^f ;;^'^^'n "^^ once each month. A r/rrit7T;hfpe:;p^^'\n U^Hg^xltLrKriro/ this county would oppose a re- peal of the act. " , • m of h.« Vmnntv should be taken off everything men- ^^^^^^^ Tun;""3;^8r and\racna-a to pay a bounty for every skunk ^'ra;.^:^r-^. ?LfrepeVof tira^v-'^o^m ' n;:;e^a good effect so far as our county '« rrr."!.^.-:.' It is the unanimous opinj. n of the board Uu.Uhe wlu.le act^sho.U^ repealed, believing that the law is «""■■«•/. """^;*^f^'y,!^ro^^^^ but many of them ddl-mr ^rrrp'eiri^la^n-esfr;' reque^e^ bT"«r[.ave any knowledge of its ^■'L'^;:rj:'-"The eonumssioners think t^^t ^^e part o^^ IrafvrrTltle'^r.o^rylli^ t^ ar oTher^u;f,t.i?nU'notrflicLnt,y nun.erous to af- ''/eX^/r"" Repeal the whole act if it can be done; if not, then repeal that portion '"Sr.i.T=V.^^u;e^:.?:;r^ -.ast .at part re- ferring to hawks and owls. " ^ reneal of the whole act, and in this we '"Sll'n'.^'oL";;:"''T^^e''re'pear;"-that portion relating to hawks and owls would be ^^AtMamp^on.-" we are not in favor of repealing the act, and prefer it as it now sible. " '-«i 76 Quarterly Rkport. ^ m ■ if. Z7mon.— ''The coiiiinissioners reoommend the repeal of the whole bill, except as to foxes. " Ve7ianf/o.^'' We are in favor of the repeal of the whole act, believing that it would give entire satisfaction to the taxpayers of our county. " Warren.— •'' Repeal tlie whole act bv all means. " Wa.nhi7u/t(>7i.— '-It is the opinion of the conunissioners that the only damage by liawks and owls is the destruction of our game birds, which is only lelt by hunters f on the other hand, bv the destruction of mice and other small vernnn. they are l)ene- ficial to the farmer. "^The repeal of the whole act would be benelicial to our farmers. '» IVyomiyK/. ^^Tho ellect of the n^peal would be good. " A number of the commissioneis have appended to their reports a list of the number of each kind of animal or bird upon which bounty has been paid. As indicative of tlie relative proportion of the bounties upon each, we give the following: TAe.s^er. -Hawks mCy; owls, GO; minks. 208; w^easels, 248; and foxes, 107. Franklin. Hawks, 078; owls, 08; wild cats, 25; foxes, 425; minks, 155 ; and weasels, 83. Several of the commissioners state that the premiums upon haw^ks and owls consti- tute more than fifty per cent, of the total amount paid, while several of the commis- sioners call attention to the fact that wolves are enumerated in the title, but are not provided for in the bodv' of the bill. Id addition to the collection of data in this direction, the Ornithologist of the Board, Dr. B. H. Warren, of West Chester, Pa., also had his attention directed to the actual results of the effect of the law: First, as it relates to hawks and owls ; and, second, as a whole. The data w hich was collected by him is parXially shown in an article in an- other {)ortion of this report, and in a lecture delivered at the annual meeting of the Board in January last. As a condensation of a large amount of correspondence upon this subject, which has reached the office of the Board during the past year, we give the following as covering tlie main points : The act should be repealed because — 1. It clauses a drain upon tiie treasuries of the respective counties which is not war- ranted by the results produced. 2. Hawks and owis, by the destruction of insects, confer a benefit which is much more than an offset for the poultry destroyed by them. 3. Increased duties are imposed upon county officers, for which no additional com- pensation has Deen provided. 4. In a number of cases, county officers have been imposed on, and bounties illegally draw n . 5. It encourages a certain class to follow hunting as a means of livelihood, and to the exclusion of other labor. 6. Self-interest would lead to the destruction of nearly as many of these noxious animals and birds. 7. Tiie repeal of the act will, by the increase of the number of hawks, cause greater destruction of field mice, which destroy large amounts of clover and clover roots each year. 8. The payment of bounties for any purpose is based upon wrong principles, and should oe discouraged. The act should n(^t be repealed because — 1. This being the first year of its action, the total amovmt paid will be greatly in ex- cess of that of any subsequent 3'ear, and owing to the increased scarcity each year, the amount paid will be annually less. 2. By a repeal the good effects of bounties already paid would be practically lost. 3. Ttie destruction of these birds and animals protects game. 4. All laws are liable to abuse and violation, and this one is no exception to the gen- eral rule. 5. The effect of a continuance of the law as it now is will be to increase the produc- tion of poultry and decrease its price. Tlie subject-matter of Dr. I^). 11. Warren's lecture having'; l)een de- clared <)])en lor discussion, the following questions were asked and answered : W. 8. Powell. Will you please state whether you have examined the stomachs of weasels? Dr. W. \\. Warren. No, sir; I never did ; but I will refer vou to a letterfrom the Ornithologist of the National Department of Agriculture at Washington. '• There are two kinds of weasrls in the Eastern States. The smaller kind live principally on mice and insects, or mainly mice and rats and sometimes have been known to kill poultry; but they do great ^ood in the extermination of mice." J. A. (iuNDV. I would ask Dr. Warren whether he has made an examination of some of the larger hawks in the month of May ; and whether it is not likely he would find more chickens in their stotnachsat that season than now. Dr. B>. H. Warrkn. Several have made examinations of birds of prey during the season, and their examinations are favorable, especially the Cooper's hawk, and the Te^nsylvania Boaki) of Agriculture. 77 sharp-shin. Examinations have been made of t'- Cooper'sjiawk m November of ptnnslTvLdr^ gemSiy nZ abundam ^^ the winter, and is a rare t>ird ui the mZths y^ menUoneci ; b^ examinations have been made m January, February, '""^^^^ '^1ll';r«ar ".hat kind of hawk that is that ha« such wide-sproaci- ing wings? , ,^.1^1, i, Dr B H Warrf.n. That is the red-tailed hawk. V^'^^^JJ^^^tI^^uZ ri-lS trfu goes up highest -=- -hUi„^l;i\'d ^^reaJ?=^t?;;an:^^£ £=| ;H:'count. ot,.e.^as to 'crntfco\r::.tirrr,revt^^ Secondly, asking tlieir ()pin.on as K the repeal < ^''« ''•^'•, =^, \, ^^„^^ .^„t. ]f de- are concerned; and. thirdly, their <>?•>""" «^i^""'?J,t^,^un?v.Crrwf.r^^ county has sired, I can give very quickly the amount paid by each J- "^tX- \ll ;,„t CI .^^if /e.:^=r1h^fs ip' WoTem^hl^V^nrsU 't. t'l'.'elSt'^Jay of January it wis '"T(7KN"r''rEMfN. I can also add that the banner county had paid about ten thou- "Sn wirBE£.'''T"e unL^" uu";7aid by Chester county amounts in the neighbor- hood of about fifteen hundred dollars thousand dollars had been paid in thrS-iid'^t Ts ^l:^^^l^ 'I'^td^e^rtiio'^nd dollars had been paid by the end of the year. ,oi„^fo.i mitwith sixteen hundred dollars to the first of^NSb^^^an':!- J^^'Z^^^'^^^^^J^^^^ ciollars per month. r)r W. S. Koi-AND. 1 dio"m';.naOrange,No 24 of Medr^^ ^^'lliT;"/,:!:- fr?or'rd7rc;:;rcrwTt'h\rpZro7 nuibandry m my county. of the discussion. They are as loliows: r^^,,n^„ ^f iRfi7 WiLLiAMSPORT, Pa. , January 24, lifs/. Mr. PreMd.-nl and Gentlemen "^''^^^"[^"''Zt^i inTelltimrto the repeal of the I do not take the alVirmative side of *''« «,;«""\^"\//' J^ n^^^^^^ repel of a law ;;eT;e^lTai;errf^/ced "alrci^'nr .rgtro-fTim^rgl'v^e it a fair trial ; because. One man reported enough to "M ^ 78 Qtarterly RKPonT. reaclfed!''^ ^^'"'"^ "'"^ ^^'""^ '^ ^'""^ ^^^" in force, beneficial results have already been rnonfiVVn'lt''?'""Vw^if'^'^^'!''^'^ '" ^^^^^ ^*' ^^^^ ^^P^^^ ^^'^^^^ ^^^ '« ^iiat it costs so much TTa< fL . 7 ''"""i ^^''''^^^'^^^^^"- I*" ^^'^'^ '''^"-^ "^^ animals to be scalped and >r 1 en tro.^f^'^^'i'n «V^ ^^'"^ '^ '^-^ protected, of course no necessity wo/ild e^ « imits of- Im 4fuf« l'""^^' "'' """^ '•'' *^"'^- The money is not carried beyond tho an ^ Trln if w^' "^'^ ''''''" '^"^ ^'^ ^^'^ respective counties. It sim pi v chancres Hn h''''"^^^^''^^"?"^ ^*^^ people-just the oliice that itis designed tVm ''''""^^^ soit^rh.^v. . year just closed, there were destroyed in Lycoming countv one thousand troa.nr^ n i"!*^ and eighty noxious animals, including hawks and owls for wlii^ luhe fhr ;,! ^''''-^ '''''' thousand one hundred and ninety-seven dollars. The pronort on fron thriVt'thar^";?;' '"^'" ^''^ '''''' '''' ^^^ '''''' ">'^ '""^'''^ '^'-^ s(>,newl r^reater P J,.!. ^^ ^^^ annuals commenced to decrease in numbers. ' spa^.n Z.r^ "?''^'* ^"^ plentiful and clieap in Williamsport as during the present season, and greater quantities were shipped to distant markets than ever ^)efore. chickens dnrlnK one niKhf '"" ^"""'" """^ ''^'^ "' "''°'^« '" <^««'^«y twenty-seven handt.ftwoThouJrnA'sele,Ti;r;.ulfrp^ Wn:ian..sport reports Laving piieasants, ahout one tliird erp sp,,f n'J «f .. Ff V"'^ ^" '"""-^ ''abbits. Of tl.o overstocked, and we never had Pn,L ^'f "'\'"'"-l«ts, because tl,e Lome market was be safe to estimatrLvcom^n -1^^, tv^i»^ to supply the home demand. It would sum ,,aid for the desum-t on 'f^ ''^^^^ this tune by more than tlio wl„>le monev brcni-hriiere n^t m s e r-^.n^.^VA T'^ "'" P^^^^^e of the act, from the a mar-Ket but for the' pr'oteHhr.l'provlde.T b^^t Ws I "w "''"' ''"""' "''^*' «""^'" "^ ''''-^ for a few uiontlis in tlie vear-«1 e Lf M,« 7o ffP^cut Imntiu- and Hshing except act that prevents thousands of l.mters in,, «LL"''V® clamoring for the repeal of in day to djy. Minks des^ y th ottCds o^ [.""' P'^'"? "'''"" ^"'"'''»" ''O'" to thqir spawnhK' places "'""'*'"'^* "' "^""' alter they ascend the smaller streams ^^^^^:^i:^:^ltZ7^ ^,^'^^^!^^ -P-'?1 because of us beneflcial on the statute books, so'th.u 1 ^cal rafse ,1 orr>v,MUr, "^ ',?''""': '^^''''^^ '*■ '" '•e'"ain to th e inhabitants of the city and "ill 'os md hesi v^/V'^.'^fP'"'''' '"""'*' f?"'"^ '" «"" are reduce.l on account of Its s perabmidkncfi t1?« ' " '" '*"",'"" ''<""""e pHces way, it is currently reported here that thi^Hfti^ noxious annuals the skunk. i5y the list in the bill, but tha't somehow tevemJn'escaZr T" ""'^'"'''"y -^"bniced i?, thi my.stery. The prevailiuK opinior however spom?« 1^ k"^;."'' 1""'™ '" '^e •' profound farmer members, ,uietlysl,iuragrub or two of X Mav it^ /'''''^'?'''"*''^>'' ^''en eggs are pers, that the turkeys which thev at^hi he sheirwonlJ . ^P^""'^,' '"''* "" '"'^ grasshop- tnes. But if the eggs and young of the knvmfn, bins ,,r''^ gobbled up, no one ,le- de^troyed by them were allowed to liatch ^n, m.f ,"i ?/ """^ *"^'« "'" «'-e annually sec s than all of the skur.ks in the lan<^^^Zl we won ,^^^^ '"""•'' ^<''«"-">' """■« "^ llie amount to be pai,l another year t^ll n,,,^ l„ I'aye a i)aradLse of singing birds, year, m consciuence of the ,locrease fn numbers f omM ^ T*^,'' °"^ I'alf that of this average cost to each of our lifteen tlmi.sZ •ixnav ' " fl'"" '^''^"'^^'le slaughter. The real estate, whose assessed valuation are res. SvpiIV T^" ''^"'''- ''"''« owners of sind live hundred dollars and <>ne housand ?l? !„ ^z^'''; "'"''san,l dollars, two thou- f.ve thouSHu.l dollars, and two tZ S d | irif ,^ ,'^^^^^ "f '?*^ '«" tliousaml do lars, cents, seventeen cents, and seven centrtow rd?^,^"^ respectivelv thirty-tive ninety-seven .lollars,listributed tl/rougl ,",» « c-n '^ housiuid one hundred and tured. The clerk and mechanic, l.aviiigZroal o^t ,Vp ■' ,'" P^^'oent for animals cap Respectfully yours Damkl Steck. Pennsylvania Board of Aokicultuke. 70 MiDDT.EBURO, SnYDKR COUNTY, Pa. Thos. J. Edge, Secretary Board of Agriculture^ Harrisburgy Pa, Dear Sir : I am a farmer, and interested in all of its dilferent branches, and par- ticularly in raising and growing clover, as thereby we can bring our land into a higiier state of cultivation; but if the State allows and puts a bounty on all chicken-hawks, raising and growing crlover will surely be one of the past things; for the lield-mico cannot be lield in check without the use of these birds. I have had half acres and more of clover destroyed, roots and all, in different fields by mice, and they not only destroy clover, but also young orchards. Last winter they destroyed thirteen young trees for me that were from two to three inches thick. With all my watching, they did this ; and this winter they started in the same business. Now, if farmers are wise, they will demand the r(4)eal of this bounty law. I may have lost a Jew ciiickens, or may lose a few each year by their depredations, but the good they do far overbalances the damage. Others may raise up and say that they kill toads and snakes, the farmer's friends; no doubt they do, but you would not find toads and snakes on agri(!ultural land if the hawks killed them all ; it is the farmer who kills them with his mower and reaper. I cannot well estimate the damage to iny apple trees, but it far exceeds Avhat these birds tiave done me in my seven years of farming. As far as 1 can as(5ertain tlie sen- timent of tho farmers here, they want the law repealed. There are, however, farmers here who do not look upon it in this light, but it is ignorance, and -if they would try and find out what these l)irds mostly live on, they would rise up and demand the law repealed. 1 have examined into this matter for several years, and every intelligent farmer will agree with me that they do more good than harm, and my wish is that you repeal this law. Please read this at tho meeting of the Board. Yours truly, GEORGE S. SNYDER. The subject bein^ again open for discussion, tlie following ensued: C. F. Wickersham. Mr. Chairman, it is m^^ privilege to represent the interest of East Lynn Grange, Patrons of Husbandry, No. 271, of ('hester county, in this honor- able body, who have assembled here, and at this time to consider the advisability of repealing what is generally known as the scalp law, and I was authorized by a ma- jority vote of the grange to which 1 belong, and I am here in my feeble way to defend the law as it is now upon the statute-book, fully believing that it has had the desired effect that the Legislature contemplated when it received the sanction of that honor- able body in protecting the poultry interest of the State, which is manifested in the destruction of so many of the vermin that mfest the poultry yard, and if said law is allowed to remain in full force it will be but a few years until thfse pests are almost exterminated, and each succeeding year the expenses of same in way of bounties di- minish. Mr. Chairman, lam fully convinced that the greater part of the opposition to this law is based solely upon the ground of taxation. Now this is not the stand- point from which we should consider this law. The question for consideration is, w^hether this law, as it now stands, is of an advantage to the farmers of this State, whether, b^"- the destruction of tnese vermin, we sustam a greater loss than profit re- alized from increased sales of poultry. True, a certain class of people, or in other words, taxpayers of this State reap no benefit from this law. Hut if only the farmers are benefited, others, not engaged in agriculture, should forever hold their tongues so long as agriculture is so unlairly and unjustly taxed, while those engaged in other pursuits reap ecjual advantages accruing from same. It is claimed b\' the opposition to this law, that hawks are of untold advantage to farmers in the destruction of mice. Now, Mr. Chairman, ail who are engaged in farming will admit that the greatest source of annoyance from mice is in barns, houses, mills, granaries, where a field full of hawks could not obtain access. I would like to ask the opponents to this law how many rats, hawks, and owls destroy; which every farmer knows is a greater source of ►Irss than the little insignificant mouse. One good family cat is of more value to the farmer than all the hawks and owls in his neighborhood. And as for the destruction of grass roots in one field, I am sorry to say that upon too many of our farms there is not enough grass remains in the fall in which mice can harbor, and in all the years before this law was passed by our Legislature, the destruction of mice by hawks and owls was hardly susceptible to the average farmer, but the destruction of poultry by the same was the annoyance of almost every house-wife who has used these means of obtaining a little ])ocket money, and now for husbands to set up a wail against a law which exists and l)en('fits them in this little past time as it were, when these same men will spend more in less than a month's time for cigars than the extra amount of tax that is imposed upon them by this law, seems to me is inconsistent and mere child's play. [ dare say there is many a wife who left a luxuriant home to share the fortunes of him who chose agri(Hilture as his business in life, willing to share liis burdens and misfortunes, and, at the same time, fully to (^njoy all the blessings and luxuries that tliey might afford, as well as her companion, that has been sadly disap{)ointed, and while through the toils of the day and quietness of the evening atear has been seen to trickle down that care-work cheek as she looks back upon her maiden days when care was almost unknown to her, and a little j)rivate bank account to resort to when her heart yearned lor sjme little article to adorn her person, or to satisfy the cravings so QlTARTEKLY KePOKT. m-:^ of her appetite. Bat, alas! Iiow, different now with but one account and lier husband payinp^-toller, and, at lier request, relu(!tantlv hands out a mere pittanc^e, tliinkino- the same hilly requisite for lier private expenses. I unhesitatinjilv sav in every '^well regulated home there should be two pocket-hooks, and the raising of poultrv has been adopted m many farm homes as the means of replenishin*^: the wife's treasury; which she leels she has well earned, and dispose of it at her i)leasure. Let us, as sood hus- bands, assist and protect this little industry of the farm whici) sliould belong ex- clusively to our w]ves. that they mav dispose of the returns in a manner that will af- Jord them the most pleasure and satisfaction, and that will tend to lighten the manv burdens that are torced upon them. Let us consider for a moment the extrava«>-ance of this scalp law. In the county of Chester, there are paid into the treasurv for'countv purpcjses alone over one hundred and thirty thousand dollars, and there have been paid out in Ijountiesfor the year 188G something over four hundred dollars, or, in other words, less than one cent bounty money for everv dollar paid in. Now, the man that pays one dollar tax in Chester county one cent of the same is paid out for the destruc- tive yermm. The county tax on one farm of one hundred acres is about twentv- hve dollars and twenty-live cents of that amount has been paid out to some poor bov or man on account of this law. And in our (jounty, for the yeftr 1886, there has been de- stroyed eight hundred and twenty-seven hawks, two hundred and thirtv-one minks one hundred and eight owls, three hundred and thirty-four weasels and one hundred and eleven loxes : and can any one doubt for a moment but what the number of ver- min will diminish Irom year to year, at this rate of deaths, and conse(mentlv the bounty grow leas from year to year until it will be an insignificant sum ? Mr. Chairman, I would just ask this honorable body who it is that receives this boun y. Is It not generally needy and deserving poor, who is worthy of our Iharitv and the money used in the purchase of food and^lothing, and ir«ance a kr,n^^ or his sons succeed in trapping one of these vermin, does he not 'immSllv receive all, If not more than the law costs him? l?e a little more energetic ourseh eJ an^^ stand a better chance of obtaining said bounties than any one^e se, as thL^^^^ frequent our own farms. It will pay us far better than spending ^ much In com m. here, preyailing upon our legislators to repeal a law that has scarcely been enforc^^^^^ It would be more prudent if we would exert and use the same innuence in the ren^^^^ ot more obnoxious laws. There is more useless money spent in ex rava^^^^^^^^ one ot our coun y officials than the whole amount paid out in bounties^ I c,^^^^^^^^^^^ what possesses farmers to be so anxious about such i trifling thing sths when , ere vun,t. (igamst tnem. I'ur ornuholotrists trv to orovp t(^ ii.^L.'?"'^ '^''^' *^^«^ ^^^ve to rely on our Pen^sylvaiNia Board of Agkiciltuke. 81 A great many opponents to the scalp law say that the bounty does not cause a single vernmi more to be destroyed, but merely brings those killed to our notice. Admi^t ting that much o their argument, then their opposition must be based solely upon .taxation, for by their argument, the law is neither of advantage or disadvantage to farmers, as it neither iessns or increases the destruction of these vermin If' the bounty seems to be too extravagant, let us reduce it in some instances, but never repeal the law. And I do most earnestly desire that this body will not ask of our J.egislature to repeal such a good l,aw ; and if such be the action of this bodv I trust our representatives in their, vvisdom and better judgment, will leave it severely alone. l>r. J. P. Kdoe offered the following: Aysolved, That for the protection of the useful l)irds and animals remaining in the State from wholesale destruction, suffered under the operation of the -scalp law" and also for the relief of the county treasuries, the General assembly be requested to enact a law embodying the report prebented by our Committee on Legislation. Resolution seconded by Mr. Scott. Secretary Edge. Mr. President, I would announce that I propose, at the close of the discussion, to ask for the following votes upon the repeal of the law • 1. A vote by the Board : First, as to the repeal of the law referring to hawks and owls; and, second, as to the repeal of the whole law, unconditionally; I also propose to call a vote of the audience upon the same questions, and in the same order. R. S. Seari.e of Susquehanna. By a vote of Pomona Grange, No. 7, of Susaue- hanna county, which made me a delegate to speak for them at this State Board it was unanimously resolved that 1 be directed to use mv utmost endeavors to have the bounty act repealed. We i)aid to the last date in Susquehanna countv, one thousand sixhundred and forty-five dollars and some cents; and if we continue this bountv law, we shall be compelled to pay for about all the hawks, and owls, and vermin that are raised in New York State, before we can sensibly diminish the annual payments. If there is any county in this State which desires the retention of the law, I should be perfectly willing m the repeal to except that county, it to have the privilege of paying for the killing of all the hawksand owls that fly within its boundaries. As 'ontr as the adjoining States do not pay bountiesfor the killing of these birds our border counties will have excessive amounts to pay. You know that if the hawk and owl were all killed off as deleterious-and I do not believe they are-their places would soon be hlled, if there should be anything left for them to eat. The law, at present encourages a lot of vicious hunters, who prowl around the neighborhood of villages, as well as cities, trespassing on the lands of our farmers. They know there is such a law, and they claim the right under it to go wherever thev choose. Thev Are their guns around oiir buildings, and kill all kinds of birds, and'^do not hesitate''sometime8 to kill our chickens. While this law may be desired in some counties, we do not de- sire It in our locality. We do not want these prowlers around our houses and gar- dens, and hunting through our woods. One iumdred thousand dollars a year is no small Item to take from the taxpayers of our farming communities— for about all the tax tlr^t IS paid for these scalps comes from our fariiiing communities. Furthermore you may have noticed that the great bulk comes from the taxpjivers of the poorer counties, while the lesser amounts are paid bv the wealthier counties. Mr. White of Huntingdon. I would like'^to see the weasels added to the hawks and owls l)ef()re a vote is taken; because we consider the weasel one of the farmer's best friends. Secretary Edge. My object was to separate the birds from the animals. C.C. MussKLMAN, of Somerset. I did not hear Somerset countv spoken, of and I am hereto answer for Somerset. 1 made it my business to inquire of some of the farmers of that county, and 1 find the unanimous opinion of the people thereto be that this scalp law should be repealed. We are oi)posed up there to scalping gener- ally, especially the innocent. I have been farming for som(> thirty-five years aiui dur- ing all that time I have not lost any poultry killed, bv thesperies of birds and animals exhibited, to the value of five dollars. On the other hand, I will not ted vou, because I cannot, how much benefit I have derived from their services. S© far as the weasel is concerned, I am satisfied he is the farmer's iriend; because he will come to the barn and nditot rats and mice. Sometimes they will take a voung chicken, but when they do too much of that sort of killing, the farmer will trv to kill the weasel or mink without the encouragement of bounties, or things of that*^kind. The hawk I know leeds largely upon mice and vermin. I have watched them manv a time. I have more than once seen a haw^k capture a mouse, but (juite seldom a chicken. Perhars in a season a chicken or two will be killed by a hawk, iuu the whole, the county of Somerset wants this law repealed. Prof. D. Wilson. I think, in the first place, that the Board ought to pass a vote of thanks to Dr. Warren for the light he gives on the food of these birds which he talked about this evening. I think it needs but to be generally known throughout the State to make up an almost unanimous opinion of the people against bounties l)ein«'- paid for hawks and owls, and perhaps the weasel ought to be included. Now, as the law stands, there is one serious objection. There has been a good deal of fraud practiced It has been charged in our county that there has been a great deal of money taken out of the treasury by false representation— men takingthe ears of common cats for minks (fee.,— and in many ways taking money out of the treasury without having killed any- thing at all. I'.ut I think the fox is of a family that hangs on the borders of civiliza- 0 82 Quarterly Keport. vM m > if] lion all the time. He looks for his living not far from the poultry-yard. T tliink the tox and wolf and catamount ought not to be exempted, but I would be heartily in tavor of exempting all the other animals, as well as the birds, from this law. I think there ought to be no quarter given to the fox. I am here to represent the Farmers' Club of North Abington for the repeal of the bounty law. We had a full discussion in our club before we took the vote. We have a membership of over fifcy, and it was clearly unanimous, with the exception of one vote. One rnan voted to retain the law if they would add the dog. Now, sir. I am in a peculiar situation. I am residing within ten miles of , the city of Scranton, on the line ot the Delaware, Lackawanna and Western railroad. It is but half an hour's ride Irom that city to my place. Hunters will come out with hounds, and pretend to be huntmg toxes; but instead of foxes, thev hunt rabbits; and I have known them to pull down hfteen or twenty yards of wall for one little rabbit. I had one excellent annnal shot through the body, that I had to doctor for a good while. A widow lady had a c .w shot and killed. 1 went to some of these hunters, and requested them to leave ; I was afraid of my life. They replied that thev had a license from the' State- that this law gave them the privilege of killing these animals, and thev to tret the bounty. *^ ° I have the pleasure of being with two other delegates here, representing a farmers Club. They had the subject brought up abont three weeks ago and It was, 1 think, the unanimous vote that this law should be repealed. 1 under- stand that a man shot a fox, and thought ho had killed it, witliout looking much further on the subject. A liunter came along and got a piece of it, and obtained the bounty. Another hunter came along, got another piece, and also received bounty. This pro- cess was continued, I am told, as long as a piece of that fox was left, the parties takiuL- the piecestoajusticeof the peace. One gentleman said that we cannot keep a wood-pile or a rail-pi e in place anymore, for hunters will come along and tear thein down : and they will shoot chickens if they find them out a little way. In our township a^id I tliink I represent the county, we want the law repealed. i -^ a f^v n; wnu''^"'' •1^''^^. '^'f^ ^'f' V,'\\^on think any farmer in his county would shoot a tox, or A\oll, or wild-cat, it he knew he would receive no bounty'^ a7^ ir "^^i^^ON- A. great many farmers keep no tire-arms around them in flvnr orT.'iTT'' '1 ^^^"^^"S^ion. I represent (Grange No. 353, which is unanimously m tavor ol the repeal ol the scalp act. They think it has been scalpin- the farmers as well as the skunks and birds and animals. ^^ipm^ tne larmers, H. M. Engle of Lancaster. I think if you get the sentiment, there is no better ar gument for the repeal of the act than the tkct that it will keep hunters frmnen^^^^^^ our lands I consHlor that is the greatest evil. We are not v^ mueh troi^^bled S hawks and owls but we are with hunters. I do not object to a man inaking a d^ ar when he can, but I do not think there should be a law lo permit him o run c^Ver our premises in order to do it I am not particular in regard to the hawks and c)wls I was told about a week ago that hawks had been bred for their scXsprot>ablv 'or i^^t bmrW^^^^^^^ "^"?:^- ' ^« ->^^-- whetl^^Ht rcor'reck T A \^!!l ^"Jtt • ' ^ "ii"^ ^'^^ hunter is the greatest nuisance. J. A. CrUNDY ot Union. For myself. I would much rather have the birds trfsnass on my farm than a lo of hunters. Not long since. I found one ot' my ca ves thlt had been shot by a spent ball very ckse to the j ugu lar vein. The calf recovelld ron ?r ™mrbv T..Tr,' ^'-,--^-'^'.'ny house, tL^Ld been s'-t I'l crir^M^v oi^^f.!ife^^^U're^^^^^"-^ ^^' '"'^ ^^^^^^ t:^^^:^^':^^ ;;?^ rired It. My old father, while passing across a field, heard the report of a rifle and the whizzmg of a Imllet, but how close it came he did not know. It is an hit ole^^hlp nuisance to a man liv ntr close to a vUlnp-ft «« i iix.« t,.!. i . ^>\J"toierable I do not understand that this act gives the riffht to indi«nr,'rv.;r,af^u i ^ for noxious animals. If that is the result of rhp Jnf yi^is^nmmately hunt everywhere a bounty for scalps of noxio us an?n'X wUh the e ^^T" ' been in operation for vears- And in oiir ««r.tir.» ^f^?^^ " ^^ h'Awk^ and owls, has fault with it. I(loobiecttoUieact^^^ liave- found no shall vote for its repeal ^^ ^''"^ '^'^'^^^ ^"^ «^^« ^^^ concerned, and vol^Vwylm^^^^^^ «^^,f^-«ted that .e take two has been read. V/e'^ecomit^n^.^Ton^^^ The resolution commend the repeal of the scalp act committee on Legislation is that we re- ^r:^^^^J^>^:^^i:J^^ ^*- -^« -^' the Board as to taken of the entire audience are concerned ; and then that a vote be Mr. IsENUKRO of Blair. I have been renuesfPrl h^r o ^^. i eot to make a state.nent in reBar,.t"thi;"ir'^The^reasrru:tten"sig"7orTrs Pennsylvania Board of Agriculture. 83 this, (and I am the man who wrote the bill and read it in place, and tried to have it paased, and succeeded.) The statement that I want to make more particularlv now IS, that some of the gentlemen in this house certainly are laboring under a misappre- hension in regard to certain portions of that act. There is one gentleman on my right here who is either mistaken or his constituencies are very much at fault, viz: The case in which there were a number of scalps taken from the same pelt. Now those who did so were perjurers in the plain sense of the term. The old law^ permitted things of that kind, but it was repealed. The county which 1 have the honor in part to represent was very strongly in favor of the repeal of the old law ; and a number of gentlemen appealed to me with a petition, containing not less than two thousand eight hundred signers, for the re-enactment of another bill ; and it was then that I introduced the present act, and I think it is so worded that it is simply impossible to have more than one premium paid on any one scalp, unless it is done by the use of perjury. Secretary Edge. The bill specifically claims that the ears of the animal and the head of the bird shall be presented. Mr. IsENBERG. When the claim is presented to the officer, it is his imperative duty to destroy that scalp before he gives the order. As has been intimated by some gentleman on the right, [Mr. II err,] it would appear by the arguments of some of these gentlemen that there nad been no hunting done before this scalp law went into effect. I think that is certainly a mistake. Others argue that these animals would be killed or would be hunted after by the hunters just as much without the premium as with it. Now if that is a correct statement of the case, the scalp law does not enhance or enlarge the hunting capacity. Therefore I think that part of the argument fails. "^ ' In regard to the depredations committed by these vermin, I will give you an in- stance in my county, close by where I live. Two years ago a neighbor of mine, own- ing a farm of forty or fifty acres, had his attention called to the loss of his poultry, more particularly on acc^ount of the small acreage of his farm, lie was trying to raise sheep and turkeys, ducks and chickens and so on. Inside of one week that gentle- man (Mr. Bowers) lost seventeen lambs and thirty-seven turkeys, which he knew to be due to the depredations of the fox alone. Those losses to hini amounted to more than ten-fold the amount of the tax that he would be called upon to pay on account of his property in support of the scalp tax. I make these remarks because I do not like to sit still and have the act misrepresented. I do not say it has been willfully mis- represented, though it has been placed in an untrue light by some gentlemen here— I take it for granted because of not having all the information they might have on the subject. Secretary Edge. Doe3 this act materially change the present bounty paid as com- pared with that paid before? Mr. IsENBERG. I think the bounty is the same. The great change is in the manner in which the bounty is obtainable. For instance, in our county a half a year ago a set of young scalawags got into the busineas of scalping, and they did it effectu-- ally, too. Some five of them in one j-ear took from the treasury of "^ Blair county I think over two thousand dollars. A mule died in our county— something ver\^ un- usual - and these young fellows utilized the ears of the mule for scalps. I am sofrv to say, too, that a part of that fraudulent transaction came through the fault of t lie justice of the peace. We had one Justice who was not very particular in the way he transacted his business. These young fellows would manufacture scalps from the mule's ears, or whatever they could obtain, and would go to him and make oath that they had such and such scalps. The j ustice or the peace would look at the so-called scalp produced, and throw it out of the window, where there was another member of the party waiting to pick it up. When the mule was worked up, thev used an old buHlilo robe to ac- complish their purpose. It is in view of this fact that the citizens of Blair county repeatedly asked that the old law be repealed, which was done, and we succeeded in having the new law passed. R. S. Searle of Susquehanna. If there is just as much hunting since as before, why give them one hundred thousand dollars a year for hunting? Dr. B. H. Warren. How many species of owls did you indicate in the law? Mr. ISENBERG. I cannot tell. I know I had the s'kunk in but it was stricken out by somebody from Chester or Delaware county. We had no scalp law for several years, and these noxious animals became very plenty. During the past few years, we have had plenty of hunters bent on their destruction, who have killed many, and the expense has been great. But if the law is permit-ted to remain in force, the expense will every year become very much less. It cannot help being that way. M. W. Oliver of Crawford. The vote will now be taken relaiive to the repeal of the hawk and owl clause, and then as to the repeal of the whole law. A vole of the members ol* tlie Board relative to the repeal of that part of the law relatinjz; to hawks and owls was then taken, when twenty-one arose to their feet in favor of the repeal of the cdause, and two rose up in the negative. ()n the vote being taken relative to the repeal of the whole act, eighteen arose in favor thereof, and two rose up in the negative. « tfS 84 Quarterly Report. t'l i.i I A vote Avas tlicn taken expressive oftlie seniiineiii of the audience, tiiirty-seveii risinii; up in favor of the repeal of so much of the scalp act as relates to hawks and owls. One arose in the negative. Twenty-tive rose up in favor of the repeal of the whole act, and one rose up as a<2:ainst. Dr. J. r. Ed(^e called for the question on his resolution, which was read and ado|)ted. Adjourned. THE CHICAGO FAT STOCK SHOW OF 18S6. By the Secretary. For several years past it has been the custom of the Illinois State Board of Agriculture to hold an annual exhi])ition of fat stock, horses, &c., at Chicago, and to so arrange the date that a series of meetings of the various National live stock organizations maybe held during t lie continuance of the exhibition. In some cases it is necessary to hold three or four of these meetings each day, so as to bring all within the limit oftlie ten days assigned to the exhibition. Owing to the outbreak of contagious pleuro-pneumonia near Chi- cafio, the exhibit of 1886 was below the average in the number of fat and grade stock exhibited, but in the cpiality of those exhibited was fully up to former years, and will be diflicult to exceed. ()n entering the large exposition building near its center, we had in front of us the large ring ibr exercise and exhil)ition during the awarding of premiums. To the right, we have the horses arranged in close warm box -stalls, and to the left the cattle, sheep, and swine in oi)en stalls. On entering, we obtain a catalogue of the exhibits, which, through the energy of Secretary ^Mills is a model, and which contains points which should claim the attention of those having charge of similar work in connection with our Eastern exhibitions. This cata- logue furnishes the visitor with three entries, under different classifi- cations, of each fat animal entered or on exhibition ; among other items it gives the name of the animal, the numlxM* and location of its stall, its age November 9, 1886, its weight at the same date, its gain per day since its l)irth, its breed and color. At a glance, the visitor, with the catalogue in hand, can obtain all of the important particulars in rela- tion to each animal in the building, and can then, from these items, draw his own conclusions. iVfter spending the greater portion of two days at the exhibition, we draw thefbllowingconclusions, which we have^grouped under their appropriate heads in order to avoid confusion : One of the first t hings which strikes the Eastern visitor when passing among the cattle is the absence of the smooth Jerseys, which form so important an item in all our Eastern live stock exliibitions. In the west, the main o])ject })eingbeef, the great stru-ole is too])tain an an- imal \vhich will give the feeder the greatest possible gain in live weight m a given number of days, a qualification which, of course, rules our Jerseys out entindy. Another striking point to us was the presence of the white-faced Herefords and the ])lack hornless Aberdeen-Anii us Pennsylvania Board of Agrici ltlre, 85 cattle. Neither of these are yet fashionable with our Eastern breeders, from the fact that they are not noted as milking breeds. As would naturally be supposed, the Durhams and their grades lead in numlx^rs, but is also a matter of note that the white faces are an- nually gaining upon them in point ot nu]]ii)ers, and in the number of prizes taken. It is also noted that in like manner the Aberdeen- Angus are pushing the Herelbrds. The result of the awards was such as will greatly encourage the Hereford and Angus men, and put the Durham breeders to still turther elforts to preserve or regain their lost ground. Of the ])rizes ollered, the Herefords and their grades took three fourths, including the live and dressed sweepstake prizes, and in the sum total of prizes exceeded all others. The one hundred and eiii;htv-two cattle on exhibition were divided according to breeds, as follows : Shorthorns and their grades, sixty- six ; Herefords and their grades, fifty-three ; Devons and their grades, twenty-one; Aberdeen-Angus and their grades, nineteen. In this classification, the stock was governed by the blood which ruled to the greatest extent. In all cases of an equal amount of two stock bloods, the characteristics of the animal were taken as fixing the stock and classification. Prizes. The mode of awarding the prizes was entirely different from that practiced at our Eastern exhibitions, and w as well calculated to bring out the major points of cattle-feeding. Two series of prizes were of- fered, viz : Live and dressed prizes. The first were awarded by judges, whose business it had been for a long series of years to judge fat cattle on the hoof, and who had little or no experience with dressed meat in the market form. The ^* dressed'' prizes were awarded l)y men whose business brought them in contact with beef in the quarter, and who were not supi)osed to be judges of beef on the hoof. The latter did not see the animals alive, and were C()m])elled to base their judgment upon appearance of the carcass only. In this way the two modes of judging were brought into direct competition, and in the hands of men of undoubted judgment. As a result, the steer which took first prize in the ''dressed beef" test was passed by the judges ''on the hoof" as unworthy of notice, and not above "average" in quality. The first" slaughter or dressed beef" prize was won by Plush, a quarter Devon and three (piarter Hereford steer. On the record he stands as No. 203, fed by Sw\an ^' l^osler, born September 13, 1884, weighed seven hundred and eighty-six pounds November 9, 1886, gained one and one ninety-six huiuiredths pounds per day during his his life, and was red and white in color. His feed, in addition to grass, was oats and corn, varying from one half to three fourths oats ; he liad also consumed a small portion of oil-meal during one year of his life. In all of the contests, a reference to the food brought out the fact that corn and oats, as a feed, took nearly allot the leading premiums. While Plush received the award, it was not without a contest, for the beef of the steer Clarence, (one hall' Shorthorn and half Angus,) was so nearly entitled to the award that the judges were "tied," and it was only i)y calling another that the i)oint was decided. In addition to the sweepstake prizes alhided to, others were awarded on age, animals being graded into classes of one, two, three, and lour years. In this nuniner the carcass of Plush was adorned by two first- class or sweepstakes ribbons. I uj I- m irl i 86 QUAKTERLY RePOKT. It is seldom that an opportunity is oflered of inspecting sucli an array of i)rizo beef as was shown upon the long tables on the east side of the buildings. Carcasses of animals of all l)reeds, fed in many dif- ferent ways, at many different i)oints, all i)ami)ered and petted\intil tliey were fattened into what many would consider a deformity, all killed in public, and an exact account in weight taken of every part of the animal including blood niid feet. All was carefully numbered, and exposed side by side upon narrow long tables, so that the visitor could carefully inspect each carcass and each (piarter. One of the sweepstake prizes was given to aline Hereford steer, weighing over lifteen hundred pounds. His body, before killina:, was the linest specimen of the celebrated ''Parallelogram" form, so'much sought after by breeders, and he gave as little waste in proportion to dressed weight as it would seem possible to do. His hnir was short and very curly, and his success was a feather in the caps of the ''curly- haired Hereford'' ])reeders, and many were the remarks passed upon this ])eculiarity. Killing. In one end of the l)uilding, a portion separated from the main build- ing by a light, open, low fence, was arranged all of the apparatus used at the largest slaughter-houses for killing and dressing beef for mar- ket. Here all the animals competing ibr the '^dressed" meat prizes were killed, and every portion carefully weighed and a record kept. Ihis department was constantly surrounded by a crowd under the charge of a policeman, and since the exhibition, our newspapers have been divided as to the propriety of carrying on the operation in ])nblic. It IS true that everything was done in the quietest possilde way. All ot the animals killed were perfectly gentle and needed no ring, all being knocked down by one skilllnl blow, and with little or no strug- gling, lo one interested in such matters, this exhi])it was certainlv interesting and instructive, and being open to the public, no charge ol tavoritism or unfairness could be made. All weights were taken by the Secretary of t he Jioard of Agriculture in person, and were care- tully noted down, and have been since tabulated in a convenient form tor reference. Special premiums were offered by parties not of the Board of Agri- culture, or the rapid killing and dressing of animals ; each contestant to furnish (subject to the approval of the secretarv) his own animal and to remove the carcass, &c., afterthe trial. In this test the animal was knocked down, bled, the fore-legs skinned to the knee-joint and hock and cut off, but the other one to remain untouched; after the animal thus prepared was placed on its back, time was called. Eacli one was a lowed a lu^lper to hoist the animal. In decidin- the con- test, speed was not the only criterion, as attention was also given to the quality ot the work Under this test time was made which would be a mat er of surprise to Eastern butchers and feeders. Of course all were picked men f mm the large slaughter-houses surroun ling Oh - cago,aiid care had been taken to stimulate tlu^ iWVuvr exist n<' be- tween the men-of different firms. Taking tho qu.lil v^of ^ rk^into consideration, fhe bes time m.de was ten minutes and twentv-five sec onds. One butcher in removing the skin, made two hundred S U.irty cuts with his knife, and another two hundred and seventy Men were competing of whom it was claimed that if allowed to ^o ahead as Pennsylvania Board of Aoricultuke. 87 they i)leased, and without being governed by rules, could skin and dress an animal in live minutes their motions give promise of a fuUillment of this claim. To the cattle-feeder this formed one of the most interesting features of the exhibition. The animals to be slaughtered were brought to the pen long enough l)eforeliand to give all an opportunity to examine their i)oiiits, to form an estimate as to how they would " o])en." Any one present, by listening to the remarks of the practical men congre- gated from nearly every State and territory in the Union, could hardly fail to carry valuable ideas away with him. After a hirge number of "talks'' with practical feeders present, I was thoroughly impressed with the idea that t hese exhibitions are doing much to educate feeders into new plans, and causing them to strive towards new points in form and in carcass. A writer for The Country Gentleman thus ai)tly expresses this view : " The end is here, but it is the first end of a course of common-sense feeding for V)eef. Here- tofore we have bred for beef just as we have bred for pork. We ig- nored the fact that men will not eat beef fat as they do eat lard. Now that we are started on the right path, i)lenty of men will be found to follow to the farthest possible limit, and that is yet far away." The test there made showed very plainly that the point to be aimed at w^as to increase the carcass at points wiiich produced the most val- uable portions, and to decrease it in the items of loose fat and less valuable portions. The tables showing the weight of every part of the carcass and loose parts is worthy of the careful study of every feeder and breeder in the countrv, and much mav be learned from it to serve as a guide to future operations. Weights and Grain per Day. The careful records made of the w^eiglit, age, and comparative points of each animal furnish material for retlection to all interested. The exhibition was not characterized by animals of extraordinary weight, the heaviest being McGregor, three fourths Hereford, one eighth Short- horn, and one eighth native. He was one thousand six hundred and twenty-nine days old November 9, 1886, and then weighed two thou- sand five hundred and sixty-five pounds, showing a gain of one and fifty- eight one hundredths i)()unds per day during life. The greatest gain per day was that of Cruickshank, who weighed one thousand nnd seventy- five pounds when three hundred and twenty-three days old, or at the rateof three and thirty-three one luindre(lths pounds per day during life. In all cases, the table shows (other things being equal) that the greatest gains per day were in young animals, and that as the animal grew older, the gain in weight per day gradually fell off, until in some cases it was less than one pound per day. The largest amount of dressed beef in proportion to the live weight was shown by a grade Angus, w^hose carcass showed seventy-two pounds of dressed meat to each one hundred of live weight. The worst record mnde was that of a grade Shorthorn, which gave but sixty-two pounds of beef to the one hundred of live weight. The largest amount of tal- low taken I'rom a single animal was from an Angus steer, which yielded one hundred and fifty pounds. The largest amount of blood taken from one animal wms tVom an Angus steer, giving fifty-nine pounds. The heaviest hide was from a grade Hereford, (rather long hairj and weighing one hundred and nineteen pounds. I ft f 88 Quarterly Report. 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I-, ^-4 -ri B © 5 "3 f^r'^ °5S^Ib B be*-^ 05 3 '•' ^ © © Zj c ^-^ •3^-30 C ri Jh x _ 3±3 53 «;3 3 ^ 2 b'n r^ ^H "^ be< -r ^ be - bcc a » © © . •4-4 o >» 1—4 •»-• eg © ' h O 302 ,3 be sh C < bes be ► <: h 3 © . .I.H (h be 3 -t'f>f> © c -M c3 a •+H es tCp »H 4; ^ t< 03 fr4 .2 cS 3 © B © B © © 5 iH 3 P^ a »H.i^ Jh O; OS c8 © (H © •fH ^H 03 P3 O go2 C _ •2 aia « 3 .- X O X II tH >» c3 a eS >%-FH •J © © o C — (>. ^ ao2 « © F^ S -^ 3 i3CC 2ll^l?S&6^ife£| be B .3 t^- a 'A CS Sb^ 03 O P«) o =« >» a "■- -c r: © fl s <3 C3;~ C 9 = — o 9 tea 3 fc- 2 3 .2 &C3 S .9 X o g © t*>.2 ^ 3 £ 6 c c e^H^t-l Hi ^S tH © .© §5 3 c tcQ ECS (H 3 C 3 C ;?3 B o a S 03| +H O B es "E ^l* . aa 3 pp O Go »— ( .3 Pi c^ Pk T^c ..- pp . p, © ap-a © 3 55 X «-? t; =5 2 £ > 3 SS X O 3 3 QP QQ C0CE02CC 05 be .2 ft • 9 2-2 bcB a ©* cS {-• 3 ^ © U>^ C c =aftft B O 3^C C O C •9 ft ft Q ft A ■n aJ © -3 3 © Pi o a be B 95 ' oft-S o 03 © 94 Quarterly Report. 8. l). 10. 11. 12. 13. 14. 15. 10. 17. IS. 19. )0. •II. n. IS. H. 15. 11. IH. Id. JO. n. J2. «. M. 35. <6. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. OFFICIAL REPORTS OF COUNTY COHPORATE OK OFFICIAL TiTLB. a o N 0 cz be o o ei Q CO 4^ o Adams County Agricultural and Horticultural Society, Armstrong County Agricultural and Horticultural Association, . . . (Armstnmg county,) Petroleum Agricultural Association, Berks Agricultural and Horticultural Society, (Berks county, ) Keystone Agricultural and Horticultural Society, . Blair County Agricultural Society, Bradford County Agricultural Society, (.Bradford county. ) Troy Farmers' Club, (Bucks county,) Doylestown Agricultural and Mechanical Institute,* (Bradford county,) Union Agricultural Association, Butler County Agricultural Society, (Butler county, ) Conn(»ty, '.'..'. (York county,) Hanover Agricultural Society, ...'.'..'.' 1861 1880 1881 1852 1869 1873 1853 1874 1860 1880 1877 1874 1875 1832 1870 1883 1855 1884 1879 1876 1870 1884 1830 1886 1855 1879 1881 1879 1881 1852 1857 1888 1867 1883 1885 1871 • • • 1853 1885 1846 1878 1879 1878 1880 1884 1884 1874 1885 1856 1885 1876 1884 11,800 3,000 700 5,500 2,500 6,500 700 8,500 750 775 • a • 875 1,500 2,500 5,500 1,500 8C0 200 8,500 5,800 5,000 8,200 8,000 2,000 700 l.SO 2,000 2,500 8,000 2,500 • • • • 3,700 600 1,000 750 1,600 2,500 2,500 3,000 8,000 700 10,000 • * • • 4,500 1,500 800 ^ s8 a cS •o a O) ci 5,000 6,000 40,000 5,000 20,000 4,000 20,000 6,000 5,000 10,000 11,000 8,000 30,000 6,500 10,000 20,000 '3,000 3,000 14,000 20,000 14,000 25,000 10,000 60,000 3,000 1,200 10,000 10,000 25,000 10,000 '2,b()b 10,000 5,000 2,000 5,000 10,000 10,000 5,000 10,000 5,000 1*2,000 .5,000 8,000 12,000 Pexnsylvasia Board of Aorkultire. A GRICUI/rURAL SOCIETIES. 95 Stock, Stock, Stock, Mutual, Mutual, Stock, Mutual, Stock, . Stock, Stock, Stock, . Stock, . Stock, . Stock, Stock, . Mutual, Stock, . Stock, Stock, . Stock, . Stock, . Stock, . Stock, Mutual, Stock, . Stock, Stock, , Stock, Stock, Stock, Stock, Stock, Stock, Stock, Stock, Stock, Stock, Stock, Matual, • • • Stock, Mutual, Stock, Mutual, Mutual, Mutual, Stock, Mutual, Stock, Stock, Stock, Cm o C3 5 p .a UO p. o o (1 en t-t 0) O CO Cm O (V Ci c« 140 450 500 $50 10 5 2,600 230 189 200 500 1,225 760 300 • • • • 443 875 800 400 10 10 25 10 20 10 10 20 10 10 5 1 5 3 1 5 110 00 5 00 1 00 5 00 10 00 25 00 5 00 15 00 8 00 3 00 20 00 10 00 10 00 5 00 1 00 5 00 287 560 1,000 290 785 80 25 600 1,000 500 6 325 1,000 240 500 10 25 10 2i) 10 15 100 10 50 10 150 10 25 25 3,000 400 40 6S 420 5 00 25 00 7 50 20 00 25 00 15 00 100 00 10 00 50 00 10 00 150 00 10 00 20 00 25 00 4 00 1 00 50 50 00 50 25 25 o a CO O a o u 0) .0 s 55 50 00 25 00 22 00 <0 a o I t^ o a o o 27 35 12 40 15 30 18 20 35 20 24 14 21 22 22 25 16 23 20 40 20 8 8 12 12 25 37 10 13 50 17 28 41 67 15 Owned, Leased, . Leased, . Leased, . Ovvned, . Leased, . Owned, Leased, Owned, Owned, Leased, Leased, Owned, Owned, Owned, Owned, Owned, Owned, Leased, Leased, Leased, Leased, Owned, Owned, Owned, Leased, Leased, Owned, Leased, Owned, Leased, Owned, Owned, O Arned, Leased, Leased, 37 17 20 6 17 15 80 11 22 20 42 18 50 26 23 Owned, Leased, Oivned, Leased, Owned, Leased, Leased, Leased, Leased, Leased, Owned, Leased, Leased, Leased, Owned, 4 "4 ' 96 Quarterly Report. \i 09 P^ • ^ i- S «^ ^ w U < "S- 0 •9 ;?: ?5i M O Q o ;^ i- o u no ^ ^ >< • H X § H o 0 ;2< S H o> K • 0 QQ CU W o o c< o E^ < » W H • '^ yA ^ k •-5 ^ >> tf « < n] P PQ (M 0> lf3 O t» cgw in T-i -f go — c* 05 o I- 55 ec <-i cjo 00'-'-'C10>'tOh-^-OiOOCJ •^t-eC0O(7» OS « 00 W Ci t£) «e 52 I'- o» ge MS C^^ 00 th TP o «o i.-wo«o-^ci3 r-< m c^ c* c^ T-t ec eo «o eo J- OJ CO in ^ w r^ t- T I- O -^ O rH «o^-eoir^coo-;i>ooma:o»C5 i-(t-ooc*co fo -i< -^ 1-1 00 «o CO -♦ — C* >0 00 CM to o CO o eo s r- I- )- 00 CO ;d «— >ra Oi OS — 1 c^ o 00 »nt— i-i;o«o 1^ r- o cs 00 CO -* «0 03 «C CO CD Oi iTJ O "-0 t- C iH -r 1^ o ■»}< J— «— o? ao OJ 1- -«r »-t»ncow • i-CMLOco-Tco .-I'i'CMCMCM T-1 rr, »- »- CO CO CJ CM Csj — CO O CO J- CO CM 1— -r s 00 in CM in -t r- CO m 05 oc a> eOfcicM i-iincMCMCM "rj- t- C* ID b- CO 00 o T T^ in I- I- 00 VO CO -f in t- t- 00 •— I- in-tcoinooQinmosciooas in CMCOi-cCO T-iinCMCMCM in c- -^ CM »n I- o g» o 4- o gc o — cc 00 O CM C? — CO eo-*cooi-C3-tco<-Qor, ci in eMco^ff* ^^incocMCM CO CO t 1-1 CO •el a - II- ago, S © S a> © ^ > u c * ■ 0) o :^ ? •■* *^ fed® ® a> © . ^ Ih (. 3 ?l P ■i-^ -^ .^j cs cs c: (1 Ui bd 1> 0) a p. Oi asa 0/ X 0/ a: C3 c c c Ol 01 0) tic 6£ 6C a a c6 e8 S - ' » (1 Ui i-i 4j Jj c3 e eS fl C o s o « 5 fl « fl " > t/j fl V. CJ ,.« S fl ® s^ o t«53-3 Cm > 03.2 ►> a» ® o o a§^ £§a « a o U 03 S .5 © o •J: o o « cc tfj cj c3 cS -COTS O C O P h l-i © © © aaa g » m tt « ^ 55 5z; ;?; J2; © a I •!:;- ,© :« H a \ END OF NUMB R