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THE
UNIVERSITY OF COLORADO

STUDIES ag

VOL V

FRANCIS RAMALEY
EDITOR

PUBLISHED BY THE
UNIVERSITY OF COLORADO
BOULDER, COLO.

DECEMBER, 1907, To JUNE, 1908

ZOG\OT

CONTENTS OF VOL. V
No. 1.

SCIENTIFIC ASSISTANCE IN LAW-MAKING .......

Joun B. Puiiies, Px.D.
Professor of Economics and Sociology

THE RELATION OF THE COMPOSER TO MUSICAL FORM. .

GEORGE M. CHADWICK
Professor of Music

AN EARLY COLORADO NATURALIST—DENIS GALE .. .

Junius HENDERSON
Curator of the Museum

SomME BEES IN THE MUSEUM OF COMPARATIVE ZOOLOGY,

FEARVARD UNIVERSIEY 0 ge455 WR EUAN UNC ANCE A eS Woe

T. D. A. COCKERELL
Professor of Systematic Zodlogy

THE GENUS CRATAEGUS IN COLORADO CHO Ae TAmReA CRM)

T. D. A. COCKERELL
Professor of Systematic Zoélogy

THE SILVA OF CoLoraDo. III. Woopy PLANTS OF BOULDER
COUNTY \)2"') 3

FRANCIS RAMALEY, PH.D.
Professor of Biology

No. 2.

ere EPA PA TONS EADS MUU Une hes Mean ale nt men cy alec UR
JoHN Burton PuHitiies, Pu.D.
Professor of Economics and Sociology

THE RELATION OF THE ENGLISH CoRPUS CHRISTI PLAY TO

THe WVMODDLE ENGLISH RELIGIOUS GYRIC oo eas
GEORGE CoFFIN TAytor, PuH.D.
Professor of English
ANNOTATED List OF NATURAL HiIsToRY WoRKS ESPECIALLY

USEFUL TO Rocky MOUNTAIN STUDENTS ... .

Junius HENDERSON
Curator of the Museum

ili

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Iot

iv

CONTENTS

ECOLOGICAL NOTES FROM NORTH-CENTRAL COLORADO
FRANCIS RAMALEY, PH.D.

Professor of Biology
and

W. W. Rossins, B.A.

BoTANY OF NORTHEASTERN LARIMER COUNTY, COLORADO .

FRANCIS RAMALEY, PH.D.
Professor of Biology

No. 3.

A COLORADO RAILROAD POOL

JoHN Burton Putters, Pa.D.
Professor of Economics and Sociology

THE DOCTRINES OF THE ORPHIC MYSTERIES, WITH SPECIAL
REFERENCE TO THE WORDS OF ANCHISES IN VERGIL’S SIXTH

Aeneid 724-51 sie eee ee at
GrEorGE Noriin, Px.D.

Professor of Greek
THE FISHES OF THE Rocky MOUNTAIN REGION .

T. D. A. CocKERELL
Professor of Systematic Zodlogy

THE SANDSTONE OF Fossit RIDGE IN NORTHERN COLORADO

AND Its FAUNA seated tr i fad et
Juntus HENDERSON
Curator of the Museum

No. 4.

THE POPULATION OF COLORADO .

JoHN Burton Puitiies, Px.D.
Professor of Economics and Sociology

THE ALLEGED GROWTH OF ALTRUISM IN THE CIVILIZED

PERIOD Oy Bye giles Spy”. Ces
MELANCHTHON F. Lippy, PH.D.
Professor of Philosophy
SoME LeGaL Aspects oF H1iGH-SCHOOL FRATERNITIES

Joun D. Fremine, B.A., LL.B.
Dean of the Law School

119

149

159

179

197

221

227

CONTENTS

4. THE ScoTcH RAIDS AND THE FOURTEENTH-CENTURY TAXA-
TION OF NORTHERN ENGLAND 405, V3
James F. WILLARD, PH.D.
Professor of History
5. A List oF THE ENTOMOSTRACA OF COLORADO:

GIDEON S. Dopps, M.A.
Instructor in Biology

237

243

VoLumE V NUMBER I

THE
UNIVERSITY OF COLORADO

STUDIES

FRANCIS RAMALEY
EDITOR

PUBLISHED BY THE
UNIVERSITY OF COLORADO
BOULDER, COLO.

DECEMBER, 1907

Price, 50 Cents

VoLuME V NuMBER I

THE
UNIVERSITY OF COLORADO

STUDIES

FRANCIS RAMALEY
EDITOR

PUBLISHED BY THE
UNIVERSITY OF COLORADO
BOULDER, COLO.

DECEMBER, 1907

Price, 50 Cents

CONTENTS

ScrentTiric ASSISTANCE IN LAW-MAKING . .... .
Joun B. Puttiips, Px.D.
Professor of Economics and Sociology
Tue RELATION OF THE COMPOSER TO MusIcAL FoRM. .
GrorGE M. CHADWICK
Professor of Music
An Earty CoLorapo NATURALIST—DENIS GALE .. .
Junius HENDERSON
Curator of the Museum
Some BEES IN THE Museum oF CoMPARATIVE ZOOLOGY, Har~-
RA EEE OU MIE MHERRSSE ESS Ay lg ey ant cane leet na) iain Shah ices ore ee Ce Vipore ae
‘hs D VAS \CoCKERELL
Professor of Systematic ZoGlogy
THE GENUS CRATAEGUS-IN COLORADO’) (200) ee
T. D. A. CocKERELL
Professor of Systematic Zodlogy
Tue Stiva oF CoLorapo. III. Woopy PLANTS oF BOULDER
rT ET et MPN Ae oe Oe KS Me A oie Ane MPN SE RUS Fey Ages Tf 2

Francis RAMALEY, Pa.D.
Professor of Biology

PAGE

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5

SCIENTIFIC ASSISTANCE IN LAW-MAKING

By JOHN BURTON PHILLIPS

Among the conspicuous features in modern progress none is more
important than specialization. This is the era of specialists. In all
lines of activity success comes to the man who has had the benefit of
special training and has attained excellence in his line of work. Division
of labor, which has created specialists, can be employed to some extent
in allindustries. It has been adopted more generally in industrial affairs
than in government, yet there is a pronounced tendency to secure the
services of specialists in the administration of the government of the
United States. The report of the Industrial Commission was very largely
the work of men specially trained in the subjects investigated by that
body. ‘This is what gives it its great authority and impartial tone.

One of the largest fields for the effective service of the specialist is in
the assistance he can render to the men charged with making a state’s
or nation’s laws. With the increase in the activities of government, both
state and national, the difficulties that beset the lawmaker tend greatly
to increase. Formerly the legislator had to be posted on a few funda-
mental subjects only; there was not much wealth, and what there was
was more or less uniformly distributed, so that taxation was a simple
matter; corporations had not been born; there was no labor problem.
All this is changed. Government must now concern itself with minute
and detailed social, economic and industrial affairs. Laws must be
passed to regulate the quality of food,'to prevent child labor and to pro-
hibit the manipulation of our credit institutions. A legislator must be
well-nigh omniscient to have an intelligent opinion on all of these subjects.
The biennial output of state legislation alone in the United States exceeds
twelve thousand acts. Fourteen thousand one hundred and ninety laws
and resolutions were enacted in 1901. Several state legislatures pass
more than five hundred laws at a session and the average legislative
session is not over ninety days in length. How can any man vote intelli-
gently on the passage of so many laws in so short a time?

5

6 UNIVERSITY OF COLORADO STUDIES

LENGTH OF SESSIONS AND NUMBER OF ACTS IN 1gor

States Length in Days ae oe bP re se
Alabama s i. sictsctete nts et lche 113 1,132
Connechicube sees ctente er 160 750
KANSAS) cot eereeereie ee nee 61 425
Maines. tse c/a ta son le 80 574
Massachusetts........... 169 652
Michigan ial. wiccyectaie cs 156 517
Wiintesptaliersetelee cients s 95 407
INorth?@arolinay 3...%..,.. « 86 1,265
Pennsybvanidirncs <i <1 5) +1 178 582
BRENIMIESSEE LI sicilets xis) eee ei 79 630
IW ISCONSEN ostersetesi a ota c.5 Ns 126 482

The above table shows clearly the enormous amount of work required
of the legislator. In Alabama, the average output was ten laws a day,
and in North Carolina, almost fifteen. To vote intelligently on so many
diverse measures in so short a time, even the wisest man would require
unusual assistance.

The average legislator is not a person who has been a special student
of the science of legislation. He has been devoting his energies to his
business or profession, and because of his ability and good judgment and
also perhaps because of his public spirit, tact, personal address and
straightforward dealing, is elected and sent to the legislature and intrusted
with the responsibility of making laws for his state. He is supposed to do
a great amount of work. He is appointed to many committees, and if
he attends the meetings of each of his committees and attends the ses-
sions of the legislature, he has no time to do anything else. In the New
York legislature, nearly two thousand bills are introduced in each session
of the senate and about thirty-six hundred in the assembly. The legis-
lator is obliged if a conscientious man—and no other should be sent to
the legislature—to form an opinion as to the merits of a large number of
these bills. He needs accurate information on the various matters treated
of in these proposed laws and he needs this information quickly. Failure
to get it delays law-making and there is already too much delay in this
work—at least this seems to be the opinion of the voters.

Lack of experience increases the handicap under which the modern
legislator suffers. He is usually unfamiliar with parliamentary procedure

SCIENTIFIC ASSISTANCE IN LAW-MAKING a

and the preparation of bills. He serves for one or two terms only and,
therefore, does not have the opportunity to become familiar with the
work of legislation nor to fortify himself against the ingenuity of the lobby-
ists. ‘This is one of the greatest causes of the inferior legislation of the
American states. In many districts the idea that a member shall not
serve more than two terms has become firmly established. The ambition
to serve a term in the legislature is quite common; such service guarantees
high social standing; it also helps one’s business or profession. Then,
too, it is thought by the politicians that peace and harmony in the organi-
zation can be more easily maintained if the legislative ambitions of
a large number of aspiring statesmen are gratified with an office that
does not bring large monetary returns. Hence, the two-term rule, and
hence, also, inferior legislation by inexperienced men.

Few persons have an adequate idea of the extent to which this practice
of granting short terms of service to the members of the legislature is
carried. In the house of representatives of the state of Michigan are
one hundred members. The legislature meets every two years. In the
session of 1899, of these one hundred members of the house, only four
had served in the same body four years previous. Similar examples
might be found in other states.

The results of this custom are that the new member of the legislature
is very much in need of assistance if he is to accomplish anything.
Imbued with the American idea that law isa remedy for all things, the
new members are anxious to get through some piece of legislation. They
must have help in the preparation of their bills and the material for their
arguments before the committees. This assistance they will secure from
someone, and if the state does not provide it for them, those interests
seeking favorable legislation will be only too glad of this opportunity to
put the unwary legislator under obligations to them.

One of the primary duties of the state is to shield as far as possible
its representatives in the legislature from the pressure brought to bear
upon them by the agents of interests which desire to secure special legis-
lation or to prevent the passage of laws that will curtail their privileges.
Numerous lobbyists are present at each session and the so-called “third
house” has become well known in American legislative procedure.

8 UNIVERSITY OF COLORADO STUDIES

The exposure of the “yellow-dog” fund by the life insurance investiga-
tion shows clearly the enormous power constantly exercised by the cor-
porations over legislation. The same investigation also shows the various
methods other than direct bribery that are used to influence the votes of
legislators. The great New York life insurance companies maintained
a sort of clubhouse in Albany for a number of years, and here were to
be found attorneys who knew how to make themselves useful to any
member of the legislature needing assistance in the preparation of meas-
ures he desired to introduce. Temptations such as these are the most
dangerous to the public interest because they are so insidious.

It isin supplying prompt information to the legislator that the services
of a trained legislative reference librarian are valuable. The aid which
such an officer can render has been recognized by the states of New York
and Wisconsin. Both of these states have provided legislative reference
librarians whose sole duties are to render assistance to the legislative
body by furnishing accurate data on such subjects as come up for legis-
lative consideration. Beginnings in this work have also been made in
Indiana, California,* Maryland and Nebraska.?

In New York the Sociology Division, as the legislative reference depart-
ment of the State Library is called, was established as an adjunct of the
law libraryin 1890. At the head of the division is the Sociology Librarian,
a man highly trained in political science and a doctor of philosophy
from one of the leading universities of the United States. After a
number of years’ service at a scant remuneration, this officer’s salary
has at last been somewhat advanced. He has three assistants. Both
librarian and assistants are appointed for life by examinations under
the civil service commission. Among the regular duties of this depart-
ment are the preparation and publication of bulletins. The following
have appeared :

PUBLICATIONS OF SocloLoGy Division, NEw YorK STATE LIBRARY

Comparative Summary and Index of State Legislation. Published annually since 18go.
Review of Legislation. Published annually since rgor.
Digest of Governors’ Messages. Published annually since 1902.

t Remscau, American Legislatures and Legislative Methods, p. 207.
2A merican Political Science Review, Vol. I, No. 1, p. to2 (November, 1906).

SCIENTIFIC ASSISTANCE IN LAW-MAKING 9

State Finance. Statistical tables giving an analysis of the financial condition of each

state in 1890 and in 1895. March, 1897.

Trend of Legislation. A review and discussion of recent state legislation. May, 1900.
Taxation of Corporations in New York, Massachusetts, Pennsylvania, and New Jersey

A review and compilation of the corporation tax laws. May, r1got.

Perhaps the most important of these is the Annual Comparative
Summary and Index of State Legislation. Brief summaries of the laws
enacted in each of the states during the preceding year are made and classi-
fied. For instance, all the summaries of laws concerning highways
are grouped together, as are all the laws concerning various other subjects.
Arranged in this way they are published in the bulletin, which thus is a
classified: index to all the state legislation enacted in the United States
during the preceding year. This bulletin is ready for distribution the
day the legislature meets, and a copy is placed in the hands of each mem-
ber. He is in this way advised of what the other states have done along
the lines of any new legislation which he may be contemplating. As
one of these bulletins has been published each year for sixteen years, it is
now very easy for the legislator to know what the states have done in a
legislative way during all this period. A consolidated index of the state
legislation has been kept in the State Library at Albany and by this
means the Sociology Librarian is enabled to furnish the legislator with
any information he may desire concerning any legislation in any state
during this period.

The Sociology Division of the New York State Library publishes also
a review of legislation. This is an annual publication and consists of
reviews of the legislation of the various states on certain subjects.
Experts in various parts of the country contribute discussions of the new
legislation. For instance, the banking legislation was reviewed last
year by the New York superintendent of banks, Mr. Frederick Kilburn.

The preceding year’s legislation on the following subjects is reviewed
in this bulletin:

State Government Inheritance Tax

City Government Taxation of Business Corporations
Assessments and Improvements Taxation of Public Service Corporations
Roads School Organization and Supervision
Law-making and Elections Common Schools

Taxation of Mortgages High Schools

Io UNIVERSITY OF COLORADO STUDIES

Higher Education Insect Pests and Plant Diseases
Libraries Contagious Diseases of Animals
Geology and Topography Irrigation
. Charities Forestry
Dependent, Neglected and Delinquent Protection of Game
Children General Business Corporations
The Insane Building and Loan Associations
Feeble-Minded and Epileptic Insurance
Penal Institutions Railroad Accidents
Intoxicating Liquors Mechanics’ Liens
Public Health Mortgages
Food Legislation Civil Procedure
Labor Crimes and Punishments

Factory Inspection

To the legislator seeking information the very great importance
of a review and discussion of the legislation on these subjects during
the preceding year is at once apparent.

Another annual publication of this division of the New York State
Library is the Digest of Governors’ Messages. This consists of a classifi-
cation of the various subjects treated by the governors in their annual
messages. What each governor has to say or to recommend on a subject
is grouped and classified. By consulting this bulletin it is therefore
easy to determine what the various governors have recommended con-
cerning such a subject as a primary election law. This is a publication
designed to keep the legislator in touch with the trend of opinion of those
most likely to be conversant with the need of new legislation.

Among the special duties which the Sociology Librarian performs
for the New York legislators, perhaps the most prominent is that of
making compilations and furnishing data. Suppose a member wants to
introduce a bill fixing the employer’s liability for industrial accidents.
This is a rather complicated subject and one that needs careful study in
the arrangement of the details of the proposed law. The legislator wants
data. He wants to know something about the English, French, German,
Austrian and Belgian laws on this subject, as well as the laws of the other
states of the Union. All this data will be delivered to him upon his
application to the Sociology Librarian. The librarian’s business is to
keep track of all these things and thus anticipate the needs of the
legislators.

SCIENTIFIC ASSISTANCE IN LAW-MAKING II

The Sociology Librarian in New York tries to keep posted on the
legislative movements of the various states. He makes an effort to keep
track of the bills which fail to become laws. For this purpose he sub-
scribes for a newspaper in each state during the legislative session, cuts
out the news items that may be of interest to lawmakers and keeps them
on file. These clippings are another means of keeping in close touch
with the trend of legislative opinion.

The legislative reference department of the state library of Wisconsin
is comparatively new, having been organized during the latter months
of 1901. The librarian devotes himself to the collection of the various
state reports and compilations which will enable him to have at his com-
mand the data desired by the legislators. All the bulletins issued by the
New York State Library are in his possession, so that he practically has
the consolidated index of all legislation in the United States since 1890.
He is therefore able to render to the legislators of Wisconsin the same
service that the Sociology Librarian renders to those of New York.

Owing to the activity and alertness of political life in Wisconsin this
department has had an amazing growth, having employed during the
winter of 1906 and 1907 fifty-three persons, about twenty of whom are
the regular employees. The entire department is purely non-partisan
and strictly a civil service affair. All the work of the department is
clerical, and consists in aiding the legislators in such manner as they
desire. The department is conducted on the following plan: One group
of clerks gathers the comparative data and the laws from the other states;
another group collects the economic data of a political nature relating
to these laws; a third group gathers and compiles judicial decisions and
critical data of a legal nature. The material collected by these groups is
arranged and classified by special clerks. There are also three drafts-
men who work with the librarian and devote themselves exclusively to
the preparation of bills. The usual appropriation for the department
was increased by $15,000 in 1907. The following bulletins have been
issued.

PUBLICATIONS OF THE LEGISLATIVE REFERENCE DEPARTMENT OF THE WISCONSIN
STATE LIBRARY
Railroad Co-Employment
Lobbying

I2 UNIVERSITY OF COLORADO STUDIES

Corrupt Practices at Elections. Contributions and Expenditures
Exemption of wages °
Municipal Electric Lighting

Trust Company Reserves

Taxation of Trust Companies

These are comparative legislation bulletins and contain references
to the literature, definitions, a history and digest of the legislation on
the subject and compilations of the laws of the various states, with judi-
cial decisions.

In the establishment of such a department in other states, it will not
be necessary to duplicate all the work that has been done in New York
or Wisconsin. Much of the work of the Sociology Librarian in these
states has been published and comparatively small expense would be
incurred in arranging a consolidated index of all the laws passed in any
state since 1890. This index could easily be prepared from the annual
bulletins issued by the State Library at Albany. The business of such a
librarian would be to make this information accessible to the members
of the legislature. He should keep track of the new legislation and keep
on file the session laws of the various states. No small part of his energies
will be required to collect these laws. The states are painfully slow in
printing their session laws and still more painfully slow in their distribu-
tion. The legislative reference librarian should also collect assiduously
all the pamphlets and other material which he can get track of on the
various subjects concerning which there is likely to be legislation in the
near future. A classified collection of material of this sort is of inestim-
able value to the legislator.

There might also be combined with the duties of Sociology Librarian
the work of drafting bills. This is such an important function that some
provision should be made to insure that the bills be properly drafted
before they are introduced into the legislature. It is unsafe and very
expensive to leave the drafting of bills to the individual members. Con-
fused, verbose, and unconstitutional legislation is very apt to result, and
this entails needless labor on the courts, and delays the progress of
needed reforms. In Connecticut, New York and South Carolina there
are bill-drafting commissions. There is a supervisor of bills in New
Jersey,’ and a legislative reference librarian in Wisconsin.

t REINSCH, OP. cit., p. 328.

SCIENTIFIC ASSISTANCE IN LAW-MAKING 13

Connecticut passed a law in 1882 providing for the appointment of a
clerk of bills by the president and secretary of the senate and the speaker
of the house. His duties are thus prescribed:

It shall be the duty of the clerk of bills to examine all bills for public acts and reso-
lutions, in respect to their form, before the same are reported favorably by the committee
to whom they have been referred, and under direction of such committee to prepare such
amendments or substitute bills or resolutions as may be deemed necessary or advisable.t

In 1895 the appointment of the clerk of bills was taken from the presi-
dent and secretary of the senate and speaker of the house, and vested in
the joint standing committees of the judiciary and engrossed bills and
his duties specified.?

In 1gor this act was revised but the manner of appointment of the
clerk of bills is not changed. His duties are as follows:

§ 2. It shall be the duty of the clerk of bills to assist members of the general assembly
in drafting bills for public acts and resolutions of a public nature, and to prepare amend-
ments to or substitutes for bills or resolutions at the request of committees.

§ 3. Every bill or resolution favorably acted upon by any committee of the general
assembly shall, before being reported to either branch thereof, be first submitted to the
clerk of bills who shall examine such bill or resolution in respect to its form for the purpose
of avoiding repetitions and unconstitutional provisions and insuring accuracy in the text
and references, clearness and conciseness in the phraseology, and the consistency of
statutes; and shall return to the committee submitting it any bill or resolution that is
not in correct form, with such corrections as he may propose in the form of a substitute
or as amendments.3

By an act passed by the legislature of the state of New York in 1893,4
the Statutory Revision Commission was required on request of any
committee or member of either house of the legislature to draft or revise
bills or render an opinion as to their constitutionality or other legal effect.
The legislators did not avail themselves of the assistance thus offered to
any very great degree. However, the value of such assistance was recog-
nized by a few leaders in the legislature and when the Statutory Revision
Commission was abolished in 1900,5 a new act was passed providing
for expert help in the drafting of bills. A bill-drafting commission
composed of three persons is appointed by the president pro tem of the
senate and the speaker of the assembly. These persons are directed to

t Laws of Connecticut, 1882, chap. 137. 2 Laws of Connecticut, 1895, chap. 207.
3 Laws of Connecticut, 1901, chap. 1. 4 Laws of New York, 1893, chap. 24, par. 2.
s Laws of New York, 1900, chap. 664.

14 UNIVERSITY OF COLORADO STUDIES

prepare bills at the request of the committees or members of either
House."

There is also a sort of bill-drafting commission in South Carolina. In
1868 the attorney-general was instructed to assist in the preparation of
legislative documents and bills when requested by either house.? “In
1880 he was empowered to require the aid of the state solicitors? in the
eight judicial districts to assist him in this work.4

In the legislative reference division of the State Library of Wisconsin.
there are three draftsmen, and although all bills introduced are not
required to be submitted to them, the draftsmen have proved so useful
that, as a matter of fact, about nine-tenths of the bills pass through their
hands before becoming laws.

The preparation of a bill is a work requiring great skill and efficiency
that can come only as the result of experience. The parliament of Eng-
land has had for long years a bill-drafting expert. No bill is introduced
in that body that has not been through the hands of the official draftsman.
He is thoroughly learned in the common and statute law, and is thereby
able to give the proposed statute its most effective form. Hence the
lucidity and conciseness of the British statutes as compared with the
common obscurity of the product of the American legislatures.

The attainments necessary to a legislative draftsman have been thus
stated:

It is not enough to attain to a degree of precision which a person reading in good
faith can understand; but it is necessary to attain, if possible, to a degree of precision

which a person reading in bad faith cannot misunderstand. It is all the better if he cannot
pretend to misunderstand it.s

A legislative draftsman is more necessary in America than in England,
as here the form of government is determined according to the doctrine
of the balance of powers, and as the supreme courts in the various states
have the power to declare acts of the legislature unconstitutional, it is
all the more important to have the law in constitutional form when it is

x Laws of New York, rgo1, chap. 88.

2 South Carolina Statutes at Large, Vol. XIV, No. 3.

3 South Carolina Statutes at Large, Vol. XVII, No. 240.

4 WuittEn, Review of Legislation (New York State Library Bulletin, No. 72, p. 30).
s Justice Stephen, quoted in REINscH, of. cit., p. 328.

SCIENTIFIC ASSISTANCE IN LAW-MAKING 15

presented to the legislature. In England this is not so important as
whatever Parliament enacts into law remains the law of the land till
repealed by the body enacting it. The great number of laws declared
unconstitutional each year in the American states is very good evidence
that they were presented to the legislature without careful examination
by an expert. Of the laws passed during the five years preceding 1902
in New York, thirty-nine had been declared unconstitutional by March
of that year. It is said that in New York while the members of the
Assembly make considerable use of the draftsmen’s services, the senators
disdain to employ them and therefore much of the defective and unsatis-
factory legislation owes its origin to the upper house.*

_ There is reason to believe that the legislative reference librarian is
the logical person to be intrusted with the drafting of bills. As his
work includes keeping track of and classifying all the laws declared
unconstitutional in any state, in the course of time his judgment should
become exceptionally valuable as to the likelihood of any proposed
measure running the gauntlet of the courts. His constant study in com-
piling, digesting and indexing statutes should also render him familiar
with the most concise form in which laws should be drawn, and thus
make him a most efficient legislative draftsman. It is quite certain that
if all bills were required to be submitted to the draftsman, as is now the
case in Connecticut alone, much error, confusion and unconstitutionality
would be eliminated from the legislative product of the various states of
the American Union.

Important as is the work of legislative reference librarians, it is unlikely
that such assistance will be speedily secured by the legislatures of the
American states. The office will not be created till the general usefulness
of this kind of assistance is thoroughly understood. Even then there
will be much opposition to appropriations for the work. The interests
seeking special legislation are unwilling that a bureau of information
should be established for the purpose of furnishing arguments to the
members of the legislature. A well-informed legislator is harder to
persuade. That the interests desiring favorable action by the legislature
understand this is clearly shown by the record of their opposition to these

t REINSCH, op. cit., p. 328.

16 UNIVERSITY OF COLORADO STUDIES

acts. Even after the legislative reference librarian is appointed, the
salary is apt to be kept for a number of years at a very low figure. He
who desires to become a legislative reference librarian must be imbued
with the spirit of the missionary and realize that he must educate both
the legislature and the public to an appreciation of his usefulness.

THE RELATION OF THE COMPOSER TO
MUSICAL FORM

By GEorGE M. CHADWICK

To the casual observer the choice of a form for a composition by the
composer is largely a matter of demand on the part of the publisher,
the public or of convenience to the composer himself. But the musician
comprehends a more vital relation of the composer to his art—a relation
which, in proportion to the depth of his life and of his musical
genius, makes it impossible for him to recognize, at least in his greater
compositions, any demands outside his own musical conscience. As
Spinoza ground lenses in order to avoid any necessity of being influenced
in his writings by financial reasons, so must the composer have the
courage to refuse to recognize any demands which would divert his crea-
tive energy from pursuing its high ideal. He who has a message to the
world must deliver it and no other. A curse of modern times is that
those having no great truths to utter are applauded for being ‘“‘clever” or
“delightful,” for being “charming” gentlemen, and for so well conform-
ing in every particular to the “exquisite art” of the drawing-room.
The merely conversational in letters and in art is recognized today in a
manner out of all proportion to its lack of real value. Especially is this
true in this country where superficial ideas are less condemned than in
older nations. As a nation we are apt to overrate our musical culture
when we view with pride the amount of money spent on concerts, the
opera and recitals, to say nothing of that spent on musical education with
little regard to the real value of the instruction, if only it leads to “gradu-
ation.”’ Alas, the magic power of that word “‘graduate,” and the incal-
culable harm it has done to the cause of a thorough study of music!
While it would be unjust to condemn the public patronage of concerts, etc.,
as insincere—for even a conservative musician must be somewhat opti-
mistic on this question—nevertheless it is true that the attitude, at least
of the ‘‘society world,” is one too often of idle curiosity: the desire to
hear this or that much-talked-of virtuoso or opera singer; the real harm
being that this class do much to create public opinion, a task too serious

17

18 UNIVERSITY OF COLORADO STUDIES

and too important to be consigned to such incompetency. The relation
of the artist to the art-patronizing spirit of society reminds one of Carlyle’s
reference to the lion invited to the feast of chick-weed—either the lion
ate nothing or else devoured the chickens.

What is art? Is it a something to amuse, to entertain merely, to be
purchased by those who cannot comprehend the sacrifices, the hard-
ships, the heroic sincerity of genius? Genius might well exclaim with

Hamlet:
If thou didst ever hold me in thy heart,
Absent thee from felicity a while,
And in this harsh world draw thy breath in pain,
To tell my story—

In music “the style is the man,” being neither accidental nor self-
chosen. The lark was not taught its song—being a lark it sang ever
thus. Plato’s saying that “he who is his own master knocks in vain at
the doors of poetry,” is too deep for those who would according to fixed
rules make respectable citizens of all mankind; but to those to whom
the meaning of these words has been revealed, the relation of creative
genius to art appears no longer as a matter of the mere intellect in its
choice of a form of expression. Mere talent listens to the voice of those
in authority, to the dictates of publishers and public, even boasting of
its diplomacy; but genius knows but one command, and that command
is its own conscience.

Musical form is not in its true sense the process of shaping a composi-
tion from without according to established rules, but is an inner force
self-contained within the music itself, inseparable from the spirit of
music; and therefore the relation of the composer to form is one of the
heart rather than the head; an unconscious recognition of all that is
included in a perfect work of art; a recognition due to an intuitive poetic
insight rather than to reason. If we trace its development historically
we find that it is as impossible to separate it from the outer influence of
the social, political and musical condition of any particular period, as
to isolate genius itself from the forces of heredity, nationality and the
spirit of its time. But great genius becomes more and more isolated as
it penetrates yet deeper the mystery of art, and form, that objective phase
of the subjectivity of music, at last seemingly transcends itself, so that

THE RELATION OF THE COMPOSER TO MUSICAL FORM 19

we have, as in the case of some of Beethoven s last compositions, what
are erroneously considered as instances of the bursting of the bonds of
form by the composer. This is a contradiction, since form never having
enslaved the genius of Beethoven, it is impossible that he could defy its
limitations; the truth being rather that form became so transcendent, so
spiritualized, that it no longer existed as an objective phase of art in its
perfect union with the subjective nature of music itself.

“The style is the man,” but what is the meaning of this in music ?
That is even more difficult to answer than in its original literary sense, for
music as a medium of expression is infinitely more subtle than the
medium of spoken or written language, and to attempt an explanation
would be to involve the reader in an exhaustive essay on musical aesthetics,
on the psychology of musical sensation—a field of psychological re-
search but little developed in its larger sense; and to invite an endless
amount of discussion on the subject of the relation of music and the plastic
arts to the art of poetry and to general literature, to say nothing of the
confusion of ideas relative to the relation existing between music and the
other arts. Let us therefore take for granted that the symphony is the
greatest form in purely instrumental composition, and that the opera,
and especially the musical drama of Wagner, is greater than the simple
Lied, and from this standpoint arrive if possible at just conclusions.
It is safe to say that the form of composition in which a composer ulti-
mately attains to his highest possible ideal indicates his attitude toward
music, and his success in that particular form measures the real power
of his creative genius. But what I feel as a serious mistake in most
textbooks on musical form, is the attitude toward form as a subject to
be learned as one would learn the rules of grammar, and the composi-
tions, for example of Beethoven, are cited to illustrate his increasing
mastery of form as he advanced from his earlier to his latest composi-
tions, whereas it was the development of the wonderful resources of his
musical nature, a development containing within itself those forces of its
outward expression as the growing tree expands its bark which is a part
of the living tree and not a mere covering. In this sense the composer
does not choose his form, it is inseparable from the music itself. Key
relationships, contrasting tempi, and the treatment of principal and

20 UNIVERSITY OF COLORADO STUDIES

secondary themes are all included in the musical inspiration itself, a
truth still further developed by Wagner when he insists that a correct
understanding of the “Melos” (meaning melody in all its phases) is
alone the true guide to a proper tempo, the one implying and qualifying
the other; and that a failure to understand the “‘Melos”’ inevitably results
in a failure to determine the proper tempo. This being true of the the-
matic material of a composition, how vital and far reaching it is when
applied to not only the thematic but to the entire musical contents of a
composition. Viewed from this standpoint those opinions of a composer
and his compositions—opinions based upon the mere technical rules of
form—are of little value, and often do much harm owing to their seeming
value because appearing very scholarly. Schumann once said that most
critics are either disappointed executants or composers—but we are not
speaking of critics.

No great composer ever seriously erred in his form of expression after
he had mastered the musical and technical material of his art. How
Beethoven must have enjoyed as a huge joke the learned explanations
and criticisms of his compositions by those who were still talking about
the sacred rules of art, who sometimes, like the watchman in Die Meis-
tersinger, come forth and announce in a peaceful voice that all is well,
or else like Beckmesser they squeak forth that all is wrong—or something
to that effect.

But this inner relation of the composer to his art has a yet deeper
significance, for in its full development it becomes an exact statement
of his spiritual insight, and of his attitude toward not only art but life.
I use the word spiritual in its broad sense. The composer of merely
light operas or popular piano music could never be pardoned for saying
that he could write a symphony if he wanted to. If he had the genius to
compose a symphony no power could hinder him. Even the prospect of
starvation is no obstacle to genius when it has a great message to the
world. It is only the man of talent, the mere conversationalist, who is
always talking about what the public wants and what he must compose
in order to earn a living. The life of even Beethoven was all too brief,
and toward its close he exclaimed, “I feel that I have but just begun!’
How brief then in reality is the life of a lesser genius than Beethoven—

THE RELATION OF THE COMPOSER TO MUSICAL FORM 21

tragically brief, when we consider all the lessons to be given and the
duties attended to in order that the man of genius may be allowed to
dwell on this earth and at last be buried, possibly, as was Mozart—in a
pauper’s grave. Suchaman may feel that had a less unkind fate ruled
the outward destiny of his life he could have composed more and possibly
greater works; but he also knows that no misfortune could injure the
purity of what he has created, and that because he has struggled his
creative work has been nobler, truer art: he at least has remained true
to himself.

In the matter of his musical personality every great composer has
remained true to himself. In the sense that the great current of world .
energy is far too powerful to be resisted by any individual, however great,
have all men of genius been children of their own age. Especially is
this true of the composer, for his art can only become known to the world
through the co-operation of others, executive musicians (soloists or in
orchestras). The Beethoven symphony would have been impossible
even less than a century earlier, and the genius of Wagner, in spite of its
power to assert itself, could not have expressed itself in the eighteenth
century. But neither Beethoven nor Wagner could have been like
Meyerbeer or Rossini. The “heaven storming genius” of Beethoven
would under any circumstances have defied any power that opposed its
approach to its high ideal.

Were I asked to name one serious menace to art at the present time,
I would say, that it is the cowardly attitude of the composer toward his
art and the public, as paradoxical as such a statement would seem in an
age when, were we to judge by the seemingly heroic attempts of musicians
to be original, to defy all the art of the past, we must consider this an
age of gods rather than men. But is this striving for originality really
heroic? Is it not in truth more often a confession of weakness, of the
lack of creative power and the desire to conceal poverty of musical
thought beneath the glorious power and tone color of the modern orches-
tra? Fora time this may deceive the general public but it cannot deceive
the musician acquainted with that wealth of composition inherited from
a wonderful past. New forms have developed today, some of which began
in the period of pure romanticism, while others are yet more modern, but

22 UNIVERSITY OF COLORADO STUDIES

not all of them are vital, and it is a question whether the word form can
be applied to many of the so-called “tone pictures”—not that they are
without form, but that the titles (the inscriptions or “‘plots”) have no
vital connection with the music itself. One is sometimes reminded of
the words of a certain criticism on one of the great modern German
composers (though in that case the criticism was very unjust), “He
approaches you, and in a mysterious manner talks about the weather.”
There is more of mystery expressed by the ’cellos and double basses in
unison in the first eight measures of Schubert’s B Minor Symphony than
in whole pages of the discords and “‘invented”’ orchestration of some
modern composers.

Tn addition to the valuable research in the science of sound by Helm-
holtz and others, we must recognize that of modern psychologists, all
of which has tended to correct serious errors in theories on musical
aesthetics. Ina general way it may be said that all, and much more than
has been explained by science, which is of any real musical value, has
long been understood intuitively by composers. What is here referred
to is the effect produced on the emotions by various rhythms, tempi and
dynamic means, and especially by the different tone colors—for example
in the orchestra of the horns, trombones, wood-wind instruments, violins,
etc. Theartist feels and knows because he is an artist, those facts and
subtle phases of the relation of his art to the emotions which other men
arrive at, often only in a very limited sense, through reasoning or scientific
research.

We can only view at a distance the godlike genius of Bach or Bee-
thoven, but there are others—men of rare genius whom we can approach
nearer, understanding why and how they worked. Among these Mendels-
sohn was a supreme master of form, a true artist. The truth that after
all it is the soul’s deep message in music rather than the form in which
that message is given to the world that is the final test of composition,
is emphasized by the fact that time as it records the opinions of musicians
relative to Mendelssohn, is being less and less influenced by his artistic
perfection in the final judgment of him as a composer.

It would be interesting to prove more clearly this relation of the com-
poser to musical form by giving illustrations from the works of the com-

THE RELATION OF THE COMPOSER TO MUSICAL FORM 23

posers from Bach to Brahms and even later, but is it the purpose of this
article merely to call the attention of the reader to general principles;
to speak of the relation of the composer to his particular historical period,
and above all of that relation existing between the soul of the composer
and his art. To comprehend this last relation would be to comprehend
one of the profoundest problems—a problem which the philosophers
themselves approached with grave questionings. Wagner himself felt
that Schopenhauer arrived nearest the truth in his great work, “Die
Welt als Wille und Vorstellung,”’ in which he recognizes as Wagner says,
in music itself an 1dea of the world, since whosoever could completely elucidate music,
or rather translate it into rational concepts, would at the same time have produced a
philosophy explaining the world.

In referring to Beethoven’s dedication of his ‘Sinfonia Eroica” to
Bonaparte (a dedication which he afterward destroyed when Bonaparte
declared himself Emperor) Wagner says:

None of our poets has ever designated the tendency connected with one of his princi-
pal works in so marked a manner: yet what aid can such a plain indication give us in
judging of one of the most wonderful of musical creations? Can it explain a single bar
of that score? Is it not sheer folly to think seriously of making such an attempt? I
believe the most positive information we may get about the man Beethoven will, at best,
stand in the same relation to the musician Beethoven as General Bonaparte stands to
the “Sinfonia Eroica.”” From this point of view the great musician must ever remain
a perfect mystery.

That deep relation of the genius of Shakespeare, Goethe or Beethoven
to art and to the world can only be revealed in its full sense to a few of
the greatest souls; but to all there come partial visions of it as their lives
become enriched by study, experience, sacrifice—and sorrow.

In conclusion I feel it a privilege to quote the following from The
Symphony since Beethoven, a masterly work by one of the greatest living
orchestral conductors, Felix Weingartner.

I have now spoken of the modern composers also, chiefly of Strauss and Mahler,
who, standing still in the middle of their creative work, lead our thoughts on from the
present to the future. Whether there will come an artist, who in his own way can carry
on further the work of Berlioz, Liszt, and Wagner, and worthily bring to a close the ranks,
of our great geniuses, no one today can tell.

But we need not hinder our imaginations from picturing him as he would appear

in our day. I-think of him first as independent of all parties, and not meddling with
them because he is above them. I think of him, not narrow-mindedly German nor yet

24 UNIVERSITY OF COLORADO STUDIES

cosmopolitan and shallow, but having a strong, purely human feeling, because music is
a universal art. I picture him inspired with a glowing enthusiasm for what the great
minds of all times and of all nations have produced, and having an invincible aversion
to mediocrity, with which he comes in contact only through his own kindness. I think
of him as free from envy because conscious of and trusting in his own worth, far above
any mean ways of advertising his own works; profoundly sincere, and, where needful»
even indifferent—hence not a great favorite in many places. I imagine him not anxiously
avoiding social intercourse, but with a tendency towards seclusion—not hating men in
exaggerated world-grief, but despising their meanness and narrow-mindedness, and so
choosing only special persons for his daily intercourse. I think of him as not indifferent
to success or failure, but refusing to allow either to alter his course by a hair’s breadth;
very indifferent to so-called public opinion, and politically a republican in Beethoven’s
sense.

* * * * * * * No doubt in the midst of all this confusion, the great, the
truly new and original, is silently preparing, but far away from the art market. Its appear-
ance will be a question of personality and not of education. The artist cannot live far
from the activity of the world. He must get his ideas, his inspirations, and the plumb-
line of his work from life. Will our present most intense, nervous, and strenuous exist-
ence let some soul develop within, in the midst of all the press and drive, that degree of
intuitiveness and poise from which alone great works of art, stamped neither more nor
less with the fad of the day, can come? Will—without reaction—that loftiness without
pathos, that charm without coquetry, that strength and sweetness of spirit, by which
our great masters were characterized, return to day upon the basis of the modern philos-
ophy of life? In this age of invention and mechanics is an art possible that, standing
as far above all time as everything really great does, is still the child of its time?

* * * * To only a few is it permitted to wander on the highest summits of
humanity, and this “superhuman’”’ state cannot be constructed, learned, or acquired.
That endowment comes only as a transcendent gift from the regions above. ‘“‘From
which ?” you eagerly ask. Well,—from that region which only he would deny who has
never felt its breath wafted across to him! Be it a little song or a great symphony that
you compose, it will only be a masterpiece if it deserves the same motto that the great
Beethoven wrote on the score of his Missa Solemnis:

“Von Herzen—mége es zu Herzen gehen!”

AN EARLY COLORADO NATURALIST —
DENIS GALE

By Junius HENDERSON

In a state as young as Colorado, where the study of natural history
is in a sense in its infancy, one who began his work upon any portion of the
flora or fauna twenty-four years ago may well be considered a pioneer
naturalist. This is particularly true if his special line of work is one
scarcely touched by others. It is doubtful if anyone has spent more time
in the study of the life-histories of our mountain birds than did Denis
Gale, and but few have done any notable work in this line. His work in
Colorado began in 1883, and although it only continued for eleven years,
yet he spent so large a portion of each year in the field that he was able
to accomplish much. Therefore he may well be called an early Colorado
naturalist and a pioneer in odlogical investigations—not a mere collector
of eggs, but a close and earnest student of nesting habits, food habits,
migration, etc.

Mr. Gale was born in London on August 10, 1828, came to America
in about 1833, living first in Quebec, then in Albany, then in Philadelphia,
and finally in Denver, where he passed away on February 26, 1905, in
his seventy-seventh year. A natural love for birds was quickened by
travels amid logging camps near Quebec while but a boy. The beauty of
the birds and their songs must have appealed with peculiar force to his
naturally artistic temperament. He learned to love the solitude of the
forest, and the desire to get out into undisturbed nature continued with
him to the end, leading him often to the almost unbroken silence of our
mountain slopes above timber line.

In Albany and Philadelphia he followed the career of a dealer in and
teacher of art and acquired some distinction in that line of work, having
twice at least had charge of important art exhibits. In 1881 he acquired
mining interests at Gold Hill, Boulder County, Colorado, and spent a
large part of each year there, but continued to call Philadelphia his
home until 1892, when he moved to Denver with his family.

25

26 UNIVERSITY OF COLORADO STUDIES

In a report of his death written about two years ago occurs this lan-
guage:

The name of Denis Gale will bring to the minds of many ornithologists, particularly
those who have worked in the mountains of Colorado, the picture of an elderly gentleman
whose energy in bird study knew no bounds, who was willing to brave wind and heat and
cold and storm in his tramps from valley groves to snow-clad mountain crests in the
interests of ornithology, whose collections have helped enrich the splendid collections of
Smithsonian Institution and whose notes were of great assistance to Captain Bendire and
others, for Mr. Gale, while always willing to furnish information to others, was not much
given to publishing his observations himself.t

Another account in the same issue of The Auk concluded as follows:

In the history of our state the name of Denis Gale will be recorded as a faithful,
enthusiastic bird student, and the memory of his life and work among us will ever serve
as an impetus to us younger bird students to take up the work where he left it and do
our little part in carrying it to completion.?

In this connection it is interesting to note also the following paragraph
in a letter to the writer from Mr. Gale’s daughter, Dr. M. Jean Gale,
under date February 7, 1906:

The few times I had the pleasure of accompanying my father on any of his trips I
was especially struck with his untiring patience in searching out the habits and nesting
places of his feathered friends. In some way they seemed to recognize that he was their
friend, going over the same locality year after year as he did. His success in the finding
of Clarke’s crows’ nests was obtained only by weeks and even months of careful obser-
vation of the knowing birds before the nest was even constructed. Notwithstanding the
large number of eggs taken and prepared by him, not one was taken ruthlessly or where
the nest could not be refilled the same season. It was a labor of love from his first youth-
ful efforts until the more enduring ones in Colorado were finished. It seemed eminently
fitting that as he was quietly laid to rest, the air should be filled with low, soft twitterings
of a host of feathered harbingers of spring—his friends until the last.

Denis Gale’s work in Colorado was, as his notes show, confined chiefly
to the foothills and mountains of Boulder County and southern Larimer
County, with occasional brief excursions to the adjacent plains in the
same counties. One familiar with the region in which he worked and the
wide scope of country covered by him, with its numerous streams flowing
in canyons hundreds and often two thousand feet below the crests of the
divides, may appreciate the wearisome toil of passing from stream to
stream and from divide to divide in his search for birds, often following

1 Junrus HENDERSON, ‘‘Dennis Gale,’ The Auk, Vol. XX, October, 1905, p. 422.
2 A. H. Fetcer, ‘Denis Gale,” The Auk, Vol. XX, October, 1905, pp. 442, 443.

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AN EARLY COLORADO NATURALIST—DENIS GALE 27

them in their flight from canyon to divide to discover their nests. It
must be remembered, too, that his labors in this field continued until
he reached the age of sixty-five years and were only stopped by an injury
to his knee which incapacitated him for climbing the steep slopes of
mountain gorges. He made frequent excursions to the St. Vrain, Little
Thompson, Big Thompson, and even as far north as the Cache la Poudre,
almost always on foot, stopping wherever night overtook him and wel-
come at any ranch house or miner’s cabin, for he was genial, interest-
ing and well informed. He was reticent concerning his natural history
investigations except with those whom he recognized to some extent as
kindred spirits and with whom he was very modest about his work. Men
whose interests were almost entirely centered upon business affairs and
who knew him well in a business way had not even the slightest knowledge
of his love for nature, and expressed their surprise when the fact became
public at the time of his death. Even of his acquaintances who knew
of his work among the birds few had any real idea of its extent or thorough-
ness.

In the mountains he made the acquaintance of many birds whose
life-histories were not well known. His observations on the nesting and
food habits of the Clarke crow, dipper, cross-bills, Rocky Mountain
screech owl (which was named in honor of Mrs. Maxwell, another early
Boulder County naturalist), sparrow hawk, red-naped and Williamson
sapsuckers, pigmy nuthatch, Townsend solitaire and Audubon thrush,
are particularly interesting and valuable.

When Captain Charles E. Bendire began the preparation of his great
work on Lije Histories of North American Birds," he entered into a
correspondence with Mr. Gale which continued for several years. Asa
result we find that more or less extensive notes from Mr. Gale on at least
twenty-two species appear in the two parts of that work published, as
follows:

A. 0. U. No.

289 Colinus virginianus—Bob-white.
297 Dendragapus obscurus—Dusky grouse.
t CHARLES BENDIRE, Life Histories of North American Birds with Special Reference to Their Breeding

Habits and Eggs, Special Bulletin U. S. National Museum; only two parts issued, 1892, 1895, when his death
stopped the work.

28 UNIVERSITY OF COLORADO STUDIES

304 Lagopus leucurus—White-tailed ptarmigan.

308b Pediecetes phasianellus campestris—Prairie sharp-tailed grouse.

333 Accipiter cooperi—Cooper hawk.

349 Aquila chrysetos—Golden eagle.

356 Falco peregrinus anatum—Duck hawk.

372 Nyctala acadica—Saw-whet owl.

373¢ Megascops asio maxwellig—Rocky Mountain screech owl.

375a Bubo virginianus pallescens—Western horned owl.

393¢ Dryobates villosus monticola—Rocky Mountain hairy woodpecker (as D. v. hylo-
Scopus).

3946 Dryobates pubescens homorus—Batchelder woodpecker (as D. v. orewcus).

402a Sphyrapicus varius nuchalis—Red-naped sapsucker.

404 Spyhrapicus ruber thyroideus—Williamson sapsucker.

457 Sayornis saya—Say pheebe.

459 Nuttallornis borealis—Olive-sided flycatcher.

464 Empidonax dificilis—Western flycatcher.

466 Empidonax traillii—trail flycatcher (as E. pusillus).

468 Empidonax hammondi—Hammond flycatcher.

469 Empidonax wrightii—Wright flycatcher.

478b Cyanocitta stelleri diademata—Long-crested jay.

491 Nucifraga columbiana—Clarke crow.

Some of the articles were first published in The Awk, and only the
more important items of his notes were used in each case. Mr. Gale’s
notes are quoted to some extent in Professor Cooke’s bulletins on birds
of Colorado, and have been recently used by the present writer in
several articles for The Auk, The Condor, and Bird Lore. Altogether
his notes discuss 163 species of northern Colorado birds, including those
mentioned above, and definitely add twelve species to the hitherto
recorded avifauna of Boulder County, as follows:

4 Colymbus nigricollis californicus—American eared grebe.
312 Columbo jfasciata—Band-tailed pigeon.
368 Syrnium varium—Barred owl.
467 Empidonax minimus—Least flycatcher.
488 Corvus americanus—American crow.
524a Leucosticte tephrocotis littoralis—Hepburn leucosticte.
588 Pipilo maculatus arcticus—Arctic towhee.
614 Iridoprocne bicolor—Tree swallow.
616 Riparia riparia—Bank swallow.
703 Mimus polyglottos—Mocking-bird.
756a Hylocichla fuscescens salicicola—Willow thrush.
769a Sialia mexicanus bairdi—Chestnut-backed bluebird.

.AN EARLY COLORADO NATURALIST—DENIS GALE 29

The foregoing species are definitely noted by him in such a way as to
show clearly that he had seen or taken them, but the following occur
in a list of Boulder County birds in one of his notebooks, with nothing to
indicate that he had seen them or to show the source of his information,
so that they cannot be considered safe records and should not on this
anthority alone be included in the Boulder County list:

190 Botaurus lentiginosus—American bittern.

223 Phalaropus lobatus—Northern phalarope.

348 Archibuteo ferrugineus—Ferruginous rough-legged hawk.
358 Falco richardsoniti—Richardson merlin.

422 Cypseloides niger borealis—Black swiit.
429 Trochilus alexandri—Black-chinned humming-bird.

We have other records of the eared grebe, crow, arctic towhee, mock-
ing-bird, chestnut-backed bluebird, northern phalarope and Richardson
merlin, which had not been published and are now given to the public
for the first time, thus confirming Mr. Gale’s notes as to them. The
American bittern and ferruginous rough-legged hawk probably also
occur in this county, but have not been recorded and we know of no
actual specimens taken or seen. It is not safe to add them to the list of
known Boulder County birds merely because they appear in a list written
by him for his own guidance, not intended for publication, not specifying
whether he saw the species or the source of his information and of species
not elsewhere mentioned in his notes, especially in view of the fact that
the list includes the black swift and black-chinned humming-bird, two
species of southwestern Colorado which no ornithologist would place
with our fauna unless very positively identified and the circumstances of
their identification known. It is inconceivable that Mr. Gale actually
saw or collected the swift or the humming-bird mentioned, which would
have been new to him, without mentioning the fact in his daily notes
with the particulars, as his notes on such occasions are usually copious.

Captain Bendire’s estimate of the care and accuracy of Mr. Gale’s
observations and excellence of his preparations is clearly shown in many
of his letters, from which we reproduce the following extracts:

Dec. 16, 1889

. : . . I don’t agree at all with you that you have so much to regret about the re-
stricted limits and poverty of your observations and that you can’t furnish anything much

30 UNIVERSITY OF COLORADO STUDIES

that is new..... And especially about the white-tailed ptarmigan. You know lots
about that bird if you will only tellit..... Don’t be too modest please and let me know
anyhow something about the species coming under consideration as far as you can. It
will be more to the point than the observations of most people that profess to know a
great deal more about such matters than youdo.....

Dec. 5, 1889

. . . - There are few men today who are as careful in their observations as you are,
and I want to make the most I can of their knowledge. ... .

Dec. 13, 1889

. . - » There are few as close observers as yourself. I want to quote you as often
as possible, because I know that your observations are thoroughly reliable in every way.

April 28, 1888

. . . . I always look forward with a great deal of interest to your captures, which
aside from their rarity are by far the finest prepared specimens both as regards to the
eggs as well as to the preservation of the nests, that we receive from anywhere. ... .

Regarding the statements in the first of the foregoing quotations, the
correctness of Bendire’s surmise is shown by the fact that Gale’s unpub-
lished notes are very copious on some of the very birds concerning
which the former was inquiring in his several letters. The correctness
of the statements of the last quotation is further shown by the fact that
the numerous nests and eggs in the University of Colorado cabinets which
were collected by Mr. Gale include rare species and are most beautifully
prepared and packed, so that none thus far opened has been found
damaged in the slightest particular after having been moved several
times and stored in at least two different places.

Although his work in the field was chiefly with birds and his notes
scarcely mention anything else, letters from Captain Bendire and Dr.
C. H. Merriam found amid his correspondence indicate that he did
some rather important work with mammals. Two new species found
at Gold Hill are placed to his credit—-Gale’s Colorado red-backed mouse
(Evotomys gapperi galei Merriam’), and the Gale wood-rat (Neotoma
jallax Merriam?). The following from a letter written by Captain
Bendire to Mr. Gale on December 27, 1887, is of interest:

The skins I carried over to Mr. Merriam and saw him open them. From what you
had said in your note I supposed there were but a few and not especially valuable, but

tC. Hart Merriaq, ‘Description of a New Evotomys from Colorado,’’ North American Fauna, No. 4,
U. S. Agri. Dept., 1890, pp. 23, 24.

2C. Hart Merriam, “Abstract of a Study of the American Wood-rats, with Descriptions of Fourteen
New Species and Subspecies of the Genus Neotoma,’”’ Proc. Biol. Soc. of Wash., Vol. IX, 1804-95, pp. I17-
128.

AN EARLY COLORADO NATURALIST—DENIS GALE 31

I wish you could have seen the Doctor’s expression as he opened the different packages.
He was perfectly delighted over the lot, says that some of the specimens are just what he
has been wanting, that they prove certain of his conclusions, that some are different from
anything he has seen so far, but what pleased him more than anything else is that stump-
tailed rat with the naked tail. I never saw anyone so pleased. He will write you at
length when he knows where to address you. The way the skins were made up sur-
prised him considerably, for he said that he never got any as well prepared ones from
an amateur before. “Why,” he said, “I could not make them up better myself.”

On the title-page of Bulletin No. 1 of The Colorado Biological Associa-
tion, on the “Hymenoptera of Colorado,” published in 1889, the list
of officers of that early scientific society includes the name of Denis
Gale as a member of the council, associated with H. W. Nash, Dr. J.
M. Coulter, Dr. A. S. Packard, Dr. C. H. Merriam and D. W. Park.
A letter just received from Mr. Horace G. Smith of Denver, contains the
information that Mr. Gale was the last president of the association and
was also a member of an earlier organization, the Colorado Ornitho-
logical Association (not the present organization of that name),
which was broadened into the Colorado Biological Association. These
facts connect him with the earliest efforts to establish co-operative
relations among Rocky Mountain naturalists. .

Mr. Gale’s notes for the most part are of a prosaic but interesting
character, consisting of the record of what he actually saw, such as the
kinds of nesting sites occupied, the use and non-use of the same sites
year after year, rebuilding of destroyed nests, refilling of rifled nests,
the ease or difficulty with which the various species are flushed, their
valor in defense of their young, etc. Occasionally, however, his poetic
temperament and love for the beautiful in nature reveals itself in passion-
ate and extravagant descriptions. The following account of the Audu-
bon hermit thrush affords a good example of both styles, the first part
being a matter-of-fact and detailed statement of his observations, while
the closing portion is a picturesque eulogy of the species:

June 2. Saw the first of this species today, again on the 4th, a single bird. 12th,
saw each day I was out two or three birds in every case singly. oth, first nest with full
complement fresh eggs at 9,000 feet. At 10,000 to 11,000 feet two or three weeks later
as arule. Eggs vary in color, in size and shape. They also differ often in the same set,
from a beautiful, bright, tender, greenish blue of a clear, semi-transparent character to

the dull shades of faint greenish indigo. Four eggs are generally the full set, laid con-
secutively, though three are sometimes the complement and in a single instance I have

32 UNIVERSITY OF COLORADO STUDIES

found five eggs in a set. The nest sites vary from 30 inches to 15 feet from the ground,
in the majority of cases within easy reach. With one exception deciduous? trees are chosen,
mostly small ones. The nest is placed close to the stem with rare exceptions. As a
rule very little attempt is made at concealment. In the immediate vicinity of some creek,
small stream, spring or inwash is the chosen locality. The nests vary in bulk and density.
They are quickly constructed. The materials used are those found near by the site and
therefore from force of circumstances consist of mosses, rotten wood, grass and other
plant stems, coarse plant stems or twigs for the outside and fine grasses, moss, horse
hair and fine roots for the lining. The middle structure is manipulated in a damp state.
One or two of the materials designated above may enter into the nest’s construction to
the almost entire exclusion of the others. There is a seeming carelessness in this species
with reference to its nest and eggs. A careful watch and guard as with other birds is
not theirs. Even when the young are hatched out they are not prompt in the defense
of them. I have stood by the nest of the callow birds for half an hour before the female
seemed to know it, but realizing danger, a proper alarm and daring was by no means
wanting. From this want of vigilance no doubt the jays destroy many eggs and young.
One if not both of the deserted nests sent? was I have no doubt the work of those pests,
but whether before or after desertion I have no way of knowing. ... . It stays in the
vicinity of the home haunt until October, when it retraces its short flight as silently and
unobtrusively as it came. It is not seen coming and going as is swainsoni, slightly up
and down the gulches from and to the valley. H. u. audubont is a very shy bird and always
seen alone excepting the brief love-making period or when danger is threatening the
well-fledged young and for a time after the young leave the nest. In the former instance
they are very demonstrative and plucky. In the latter upon your approach to where a
young bird is concealed the parents keep up a simple monotonous chirp. I have also
seen them jointly chase a family of Perisoreus c. capitalis from the neighborhood of their
nesting site. At all other times single birds only are seen, at most times with difficulty,
for if they do not want to be seen they have the address to avoid the unpleasantness. If ©
an interview of more than a glimpse is permitted it is in his interest and not in yours.
Having demurely interviewed you, in two or three short flights he is lost to you. He
has learned your secret and kept his own; this is perfectly clear and plain but not the
less vexatious. The characteristic nesting habits of this species as I have discovered
them are: At an elevation of a little over 10,000 feet, in a sylvan, park-like shelter just
where the conditions permit of a liberal growth of timber verging upon the vertical line
of dwarfishness,3 restricted perhaps to a few acres—ofttimes so many yards embrace
these attractions in miniature. Where the angular rocks, the decayed stumps with their
prostrate trunks and the pigmy mounds and ridges of yet more aged monuments of decay
all covered with mosses of liveliest green, mingled with dwarfed ferns, wild flowers and
grasses of kindred tint, give to the whole groundwork a softness of effect and expression
that is foiled by the angular trunks and limbs of the trees, at once restful to the eye and
peaceful to the mind, altogether a scene of surpassing beauty—here dwells the hermit.

Evidently a slip of the pen, as his notes show only one case of a nest in a deciduous tree—an aspen—

and in another place he distinctly says that the aspen case was the only nest of the species he had ever found
in anything but a coniferous tree.

2 Sent to Washington.
3 Evidently a reference to timber-line with its dwarfed trees,

AN EARLY COLORADO NATURALIST—DENIS GALE 33

To note his glidings over this rich carpet of green, making his full stops and his half stops
in length and duration, suggests his punctuating a sermon upon the harmony of the sur-
roundings and loveliness. He acts no folly, thinks no evil, speaks no mischief. Where-
fore should he be distrustful of harm to his home and brood? At present his mate per-
forms her quiet function in a charming nest of moss and grasses secured by a few twigs
in a small balsam hard by, which the genial warmth of July is forcing to infant maturity
its young shoots, and the parent stem to a prodigality of perfume. Here sits our female
hermit in patient devotion, sheltered from the rough winds but open to enjoy to the fullest
the cool, soft, sighing breath of summer. Here her cheek is crimsoned by the matin ray,
with languishing pleasure she marks its midday travel and receives the gilding of its
vesper kiss. Within easy wing of her present charge are relics of previous summers
which call up past thoughts of endearing labors. Within softening distance bubbles the
mountain stream, the avenue by which the snows of yesterday upon the neighboring
peaks in liquid haste reach here to temper meridian fervor. Everything is music, therefore
her mate is silent. Birds of poetic tastes and habits, fast friends to solitude, fit ministers
to share in sweet solitude’s silent adoration!

The writer, in analyzing Mr. Gale’s notes, was sometimes forced to
the conclusion that he had indulged in broad generalizations from limited
data, and in one or two instances he seems to have allowed imagination
of what was probably true to supplant deduction from the facts actually
observed; but the facts themselves were usually definitely stated sepa-
rately from his interpretation thereof, so that the reader of the notes may
form his own conclusions. The notebooks, six in number, beginning
with May 20, 1883, contain internal evidence of at least two or three
years’ prior observations in the region, perhaps beginning with his acqui-
sition of the mining interests in 1881, but of such prior observations
either he kept no notes or they have not come to light. His notes are
written in a fine, cramped, old-fashioned hand, often difficult to read,
many words being legible only under a lens of low power. ‘These.note-
books, together with his fine collection of nests and eggs, were acquired
by the University of Colorado as part of the “Guggenheim Biological
Collection,” purchased with funds generously furnished by Hon. Simon
Guggenheim, of Denver. The notes have been transcribed by the
writer of this sketch, making 305 typewritten pages of letter-head size,
annotated, indexed, substantially bound, and placed in the University
Library so that the information therein is available to ornithologists
visiting the University. The collection includes fine series of eggs and
nests of many species, beautifully prepared, and the work of arranging

34 UNIVERSITY OF COLORADO STUDIES

them so that they may be easily examined by students of odlogy, without
handling them, and yet not exposed to the light, with full data in sight
‘for each set, will be pushed to completion as rapidly as possible.

PAPERS BASED WHOLLY OR IN PART ON DENIS GALE’S NOTES AND
SPECIMENS

By Capt. CuHas. E. BENDIRE

“Notes on the Habits, Nests and Eggs of the Genus Sphyrapicus,” The Auk, Vol. V,
July, 1888, pp. 225-240. Quotes Gale as to S. muchalis and S. thyroideus.

“A Peculiar Nest of Cinclus mexicanus,” The Auk, Vol. VI, January, 1889, p. 75. Describes
a roofless nest of C. m. unicolor found by Mr. Gale under a bridge on North Boulder
Creek and referred to in Gale’s notes.

“ Picicorvus columbianus (Wils.), Clarke’s Nutcracker. Its Nest and Eggs, etc.,” The
Auk, Vol. VI, July, 1889, pp. 226-236. Describes nest and eggs found by Mr. Gale,
with five pages of Gale’s notes, followed by a general account of what was then
known of the habits of the species.

“Description of the Nest and Eggs of Megascops asio maxwellie, the Rocky Mountain
Screech Owl,” The Auk, Vol. VI, October, 1889, pp. 298-302. Includes two pages
of Gale’s notes.

“ Megascops asio maxwellie,” The Auk, Vol. VII, January, 1890, p. 91. Describes three
pellets collected by Mr. Gale, one containing crayfish, another containing crayfish
and beetles, and the other containing crayfish and a meadow mouse.

“A Second Nest of Picicorvus columbianus Taken in Colorado,” The Auk, Vol. VII,
January, 1890, p. 92. Records the second nest collected by Gale.

By Junius HENDERSON

“Destruction of Herons by a Hail-Storm,” The Condor, Vol. IX, Sept. Oct., 1907, p. 162.
Incidentally mentions destruction of nests of same colony by wind-storm many years
before, noted by Gale.

“Nesting of Cross-Bills in Colorado,” The Auk, Vol. XXIV, Oct., 1907, pp. 440-42.
Consists mostly of quotations from Gale’s notes.

“Colorado Notes,” The Condor, Vol. IX, Nov.—Dec., 1907, p. 198. Among other items,
records Syrnium varium from Boulder County on Gale’s authority; second record
for Colorado.

“The American Dipper in Colorado,” Bird Lore, Vol. IX, Nov.—Dec,, 1907. Chiefly
a transcript of Gale’s interesting notes.

SOME BEES IN THE MUSEUM OF COMPARA-
TIVE ZOOLOGY, HARVARD UNIVERSITY

By T. D. A. COCKERELL

When recently at Cambridge, I was permitted, through the kindness
of Mr. Samuel Henshaw, to examine the type specimens of bees in the
Museum of Comparative Zodlogy. The notes now offered relate to
species described by Dr. A. S. Packard and Mr. E. T. Cresson. The
species of Packard were published long ago (1867 and 1869), and have
remained unknown, for the most part, to modern apidologists. The
specimens are the true and only types, and include all the species of bees
described by Packard. The Cressonian species are mostly from the
Texan collections, forming the subject of the ‘“‘Hymenoptera Texana”
(1872). These Texan types, after description, were divided among
several collections, and are to be found at the Philadelphia Academy,
the National Museum at Washington, the Museum of Comparative
Zodlogy, and also a set evidently from the same source in the British
Museum. In some cases it is not quite clear which should be considered
the true types, supposing the specimens not to agree with one another.
Cresson distinctly states, however, that the Dallas County specimens,
obtained by J. Boll, are in the Museum of Comparative Zodlogy.

Melipona pictifrons (Packard)

Anthidium pictifrons Packard, Rept. Peabody Acad., 1869, p- 59-

Collected by Orton on the Napo River, Ecuador. This is a typical Melipona; about
13mm. long; scutellum dark; hind margins of abdominal segments with white marks
laterally, representing vestiges of white (tegumentary) bands; on the first segment the
band is more developed, but very narrow. Tegulae dull testaceous; flagellum pale
ferruginous beneath; scape cream-colored beneath; hair on inner side of hind basitarsus
orange. The face-markings are reddish cream-color, and consist of a triangular supra-
clypeal mark; a median longitudinal bar, broadening like the head of a nail at each end,
on the clypeus; a triangle occupying each lower corner of clypeus, touching the lower
Jateral extensions of the longitudinal bar; and triangular lateral marks, which send a
narrow, almost linear, process up the orbital margin. Wings strongly yellowish-reddish.
Another species of Melipona was taken by Orton between Quito and Napo, and is labeled
with a manuscript name (as an Anthidium) by Packard. It has the hind margins of the
abdominal segments white, the scutellum light translucent yellow, and the clypeus with

35

36 UNIVERSITY OF COLORADO STUDIES

a longitudinal pale reddish line. I do not find that this was published; it differs from
all the species known to me, and is probably new.

Trigona mellicolor Packard
A small species; head and thorax honey color; head large, broader than thorax;
mandibles not dentate; metathorax darkened, its base black; wings hyaline, nervures
pale honey color; legs honey color. Abdomen missing in the unique type.
The similarly colored T. mellea Smith has toothed mandibles.

Anthophora pilifrons Packard

g. A species of ordinary size, the face with dense white hair, the vertex with much
black, the thorax above with black and pale fulvous mixed, but on hind part of scutellum
dense and entirely rather bright fulvous. First recurrent nervure reaching second sub-
marginal cell in middle. Legs dark red; outer side of hind tibia and basitarsus with
much coarse black hair. Abdomen with dense pale fulvous hair-bands. Apical plate
very narrow.

Centris conica (Packard)
Anthophora conica Packard, Rept. Peabody Acad., 1869, p. 57.

9. This is a genuine Centris, of the subgenus Trachina. The face-marks are of the
same type as those of C. flavifrons (Fabr.), but the lateral marks are narrower and longer,
and the transverse bar on the clypeus is more elevated in the middle, forming, with the
upright mark, a sort of reversed Y. Labrum cream-color; eyes large, prominent, green;
thorax above with dense rufo-fulvous hair, pleura with paler hair; legs red, the large
scopa of hind legs orange-fulvous; abdomen red; the second and third segments with
the posterior middle, narrowing laterally, darker and a little metallic; segments 4 and 5
with orange-fulvous hair, and their tegument pale, except that 4 is dark in basal middle.

Centris quadrimaculata Packard

@. Nearly 25 mm. long; face with four subtriangular cream-colored marks, two of
them on the clypeus; middle of clypeus impunctate; upper part of cheeks very shiny;
hair of thorax above chocolate-color, dense, moss-like; scopa of hind legs fulvous; wings
deep ferruginous; abdomen clear red, without bands.

Friese suggests that this may be the female of C. personata Smith, but it is too large.

Centris braccata Packard
g. A large black species, about 30 mm. long; no light marks on face; basal half
of first abdominal segment ferruginous; mandibles with a yellow subapical band; clypeus
deep ferruginous, with a smooth median band, which is faintly keeled in the middle;
posterior orbital margins very narrowly ferruginous; hair of thorax above dense, brown-
black; wings very dark violaceous; abdomen without bands; scopa of hind legs brown-
black. Close to C. atra Friese, but larger.

Eulzema bombiformis (Packard)
Euglossa bombiformis Packard, Rept. Peabody Acad., 1869, p. 57-

Very large and robust, about 30 mm. long; mouth parts very large; head and thorax
black, with short dark chocolate-colored hair; eyes green; clypeus with a strong median
longitudinal keel; a ridge across front as in E. dimidiata; scutellum as in dimidiata;
wings with basal part fuscous, beyond that pale reddish, the apical margin broadly hya-

SOME BEES IN THE MUSEUM OF HARVARD UNIVERSITY 37

line; abdomen with brilliant purple and green colors, and bright fulvous hair forming

bands on apical margins of segments and covering apex. Second recurrent nervure

joining third transverso-cubital; basal nervure going a little basad of transverso-medial.
Exceedingly close to E. dimidiata (Fabr.), but I think a valid species.

Tetralonia honesta (Cresson)
‘“Melissodes honesta Cress., type.”’

8. Flagellum all black; sides of clypeal yellow obtusely notched; labrum black;
mandibles with no light spot; hair of cheeks copious and white, of thorax above quite
bright fulvous; mesothorax densely punctured and dull, more sparsely and shining in
middle; abdomen with a broadly interrupted white hair-band on second segment, and
entire ones on the following; tarsi slender, but otherwise normal; third antennal joint
much longer than broad.

Melecta interrupta Cresson

“Melecta interrupta Cress., type. Dallas.”
é. Pubescence of abdominal bands very pale yellowish; legs dark ferruginous;
scutellum mammiform; apex of abdomen emarginate; flagellum very thick.

Osmia lignivora Packard

9. “From cells in maple.” Robust, about 13 mm. long, head large; hair of vertex
and thorax above light silky yellowish, with no black intermixed; of face below antenne
dark chocolate; a very large transverse ridge or thickening just above apical margin of
clypeus; mandibles with two strong apical teeth, and a long inner cutting edge, their
outer surface with fulvous hair; vertex dark bluish, front green; legs dark ferruginous,
the femora quite red; no metallic color on legs; hair of legs shading from fuscous to fer-
ruginous; ventral scopa largely reddish, the hair more dark fuscous basally, more red
apically; abdomen dark purplish, hind margins of segments more or less (very narrowly)
rufescent.

A very striking species, suggestive of some of the Central Asian forms.

Osmia chalybea Smith
“Osmia texana Cress., n. sp., 648.”

This is a female, whereas O. texana was based exclusively on two males. Cresson
records from Texas a single 2 O. chalybea, collected by Belfrage; I suppose this to be
the specimen examined by me, since that certainly appears to be chalybea. Its principal
characters are as follows:

Bright steel blue, of fair size, with white pubescence, which forms narrow fine bands
on lateral hind margins of first three abdominal segments. Scopa black, but hair on lateral
margins of abdomen white. Vertex broad, with strong large punctures. Wings quite
dusky. Legs not at all metallic, hair of tarsi mainly fulvous. Mandibles broad, with
two sharp apical teeth, and a rudimentary third one; outer side, parallel with the cutting
edge, with a band of conspicuous fulvous hair. Middle of apical margin of clypeus with
a pair of strong nodules, and between them a little keel.

Osmia subfasciata Cresson

“Osmia subfasciata Cress., n. sp., 649.”
9. This must surely be a genuine type, although it has the abdominal scopa shining

38 UNIVERSITY OF COLORADO STUDIES

white, and the anterior and middle femora strongly tinged with metallic blue; whereas
Cresson says ‘“‘scopa pale ochraceous” and “legs black.’ It is a little bright steel blue
species, about 8 mm. long, with more or less complete narrow pure white bands on the
abdomen. Mandibles 3-dentate; hair of face all white; a pair of little orange tufts
below anterior margin of clypeus; hair on inner side of tarsi light yellow.

Osmia densa Cresson

“‘Osmia densa Cress. MS., n. sp., Georgetown, July 8.”

g. About 12 mm. long, with the head thrust forward. The specimen is evidently
from a spider’s web, and curiously, has lost all its ventral scopa, except some black hairs
(carrying pollen) on extreme sides. Much coarse black hair on face with finer white
hair intermixed; hair of pleura white, of scutellum ai light, but dark hairs intermixed
on mesothorax, some quite at hind border; legs not at all metallic; wings yellowish;
abdomen with strong purple-blue tints, hind margins of segments not at all pallid.

This is a genuine densa, but not the type; the latter was from Pike’s Peak.

Halictus albitarsis Cresson

‘* Halictus albitarsis Cress., type. Dallas.”

é. About 6 mm. long; with head extended. Wings milky whitish, iridescent, with
pale amber-colored stigma and nervures, the stigma quite brightly colored; antennz long,
the flagellum bright ferruginous beneath; tarsi light yellow, with the apical joint more
or less ferruginous; knees light; head and thorax olive-green, metathorax bluer; head
rather long; labrum yellow except at sides; area of metathorax with longitudinal plice, its
apical surface not sharp-edged laterally; abdomen dark rufopiceous.

The original description was based on twenty-six specimens, and probably included
more than one species. The color of the antenne and abdomen, as described, do not
agree well with the specimen examined.

Halictus rimosiceps Packard

9. Quito, Ecuador. Nearly 1o mm. long; head and thorax dark olive green, thorax
above dull and granular; metathorax with fine dark blue tints. Abdomen rufopiceous,
slightly purplish, the fimbria fuscous. Legs dark, refescent. Wings hyaline, stigma and
nervures dull reddish. Second submarginal cell approximately square, receiving first
recurrent nervure just before its end; area of metathorax dull and granular, not at all
ridged or grooved; hair of face and cheeks white, of vertex and front largely black; hair
of thorax mixed black and light; eyes normal, little emarginate; abdomen without bands,
and second segment not in the least vibrissate. Hind spur with two very large blunt
spines, and a rudiment of a third.

Augochlora nigroznea Packard

g. Quito to Napo River, Ecuador. About 9 mm. long, belongs to group Sericei, not
at all vibrissate, and the hind spur pectinate with a few large teeth. Face bluish-green,
dullish and granular, with sparse punctures; eyes strongly emarginate; mesothorax dull
green, blackish in middle; scutellum black; area of metathorax black, concave, with
very fine longitudinal striation; the metathorax outside area is green, contrasting; pleura
black; wings dusky, the costal region broadly suffusedly darker; second submarginal
cell receiving first recurrent nervure near its end; abdomen black, with the hind margins

SOME BEES IN THE MUSEUM OF HARVARD UNIVERSITY 39

of segments reddish, and their bases brilliant green; legs rufopiceous, not metallic. A
very distinct species.

Augochlora fuscipes Packard

g. Between Quito and Napo. About 9 mm. long; not at all vibrissate; the legs
are so placed that the hind spur cannot be seen. Face bright green, front and vertex
black; mesothorax and scutella black; pleura greenish; area of metathorax broad,
flat, granular, bright green; abdomen very dark purplish, green at sides; second segment
narrowly green right across at base; wings strongly reddish; first recurrent nervure joins
second submarginal cell at its apex; legs ferruginous.

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THE GENUS CRATAEGUS IN COLORADO

By T. D. A. COCcKERELL

A few years ago the writer began a study of the thorns growing about
Boulder, and sent some material to Dr. Sargent, the well-known authority
on this genus. It was hoped that the local forms would be readily identi-
fied, but numerous difficulties presented themselves. Not only were
the several kinds very closely allied, but the existing descriptions—
which were quite numerous enough to cover all the known forms—proved
to be seriously inadequate. The best of them, by Professor Aven Nelson,
were unfortunately the latest to be published, and there was little doubt
that the plants should be known by the earlier designations of Britton?
and Ashe.? Dr. Rydberg’s account of Crataegus, in his excellent Flora
oj Colorado, did not clear up the difficulties, and unfortunately contained
one or two serious errors.

No revision of the Colorado Crataegi is to be thought of at present,
I offer instead merely a summary of the characters given in the original
descriptions of the six supposed species founded on specimens from the
foothills of the front range of northern Colorado, and a list of the species
known from the state, as at present understood. The characters given
in the descriptions are presented as originally written, so that the reader
may have before him all the information provided by the original authors.
It is hoped that students throughout the state will examine the Crataegi
of their vicinity in the light of these descriptions, and that with their
co-operation it may be possible eventually to put the subject on a sound
basis. In the study of these plants, it is especially important to secure
flowers and fruit from the same trees, which should be marked to prevent
mistakes. It is also very important to note the color of the anthers
in fresh flowers.

Mr. Eggleston of the New York Botanical Garden has examined all
-Nelson’s types, as well as that of occidentalis Britton, and has kindly given
me some important information. He has also found some reliable

t Bull. N. Y. Bot. Gard., 1, 448 (March 30, 1900).
2 Bull. 175, N.C. Agric. Exp. Sta., 110, 113 (Aug., 1900).
41

UNIVERSITY OF COLORADO STUDIES

characters for the separation of some of the species in the nutlets, par-
ticulars of which will be given in Dr. Britton’s forthcoming work on trees.

6. C. chrysocarpa Ashe.

The Colorado species are as follows:

. C. rivularis Nuttall=wheeleri Rydberg, Flora of Colorado (not of Nelson). Mr.
Eggleston tells me that Rydberg was misled by receiving this from Wheeler as wheeleri.
. C. saligna Greene. Syn. wheeleri A. Nels., fide Eggleston.

. C. erythropoda Ashe. Syn. cerronis A. Nels. I had made this synonymy out from
the descriptions, and Eggleston agrees.t It is a species with the leaves conspicuously
shiny above.

. C. colorado Ashe. I believed coloradensis A. Nels. to be the same, but it has smooth
twigs, and must go rather with the next species.

. C. occidentalis Britton. Mr. Eggleston agrees that my occidentalis is correctly named
but says that the occidentalis of Rydberg’s Flora of Colorado was primarily based
(as to the characters) on the Nebraska plant; which although cited by Britton as
occidentalis, is really a different species.

I have not recognized this.

Mr. Eggleston, working from herbarium material had united occi-

dentalis with colorado and coloradensis.

There are, however, two quite

distinct species, growing mixed together at Boulder. There is no ques-
tion about the identity of colorado; but it is just possible that I have not
correctly determined occidentalis, the latter having been based on a flow-
ering specimen affording very few diagnostic characters—the color of
the anthers being lost, and the leaves of the two plants being indistinguish-

able.

The following comparative table is derived from a couple of trees,

standing a few feet apart, which have been examined at intervals for two

years.
C. colorado

Anthers cream-color
stigmas).

Bark rougher (perhaps not a constant
character).

Young twigs thinly but evidently lanulose.

Flowers earlier.

In August with much more fruit; this
brighter red.

On October 2, foliage dark green.

(10 stamens, 2-3

C. occidentalis
Anthers pink.

Bark smoother.
Young twigs strictly glabrous.

Flowers later.

On October 2, foliage becoming bright
reddish-orange.

The following fossil species of Crataegus have been found in Colorado:
7. C. lesquereuxi Ckll. 1906 (acerifolia Lx., not Moench). Miocene; Florissant.

x Nevertheless, there is a discrepancy in the color of the fruit, not yet explained.

THE GENUS CRATAEGUS IN COLORADO 43

8. C. newberryi Ckll. (flavescens Newberry, 1883, not Bosc or Steud.). Reported from
the Miocene of Florissant.
9. C. antiqua Heer. Denver group, Golden.

to. C. betulefolia Lx. Denver group, Golden.
11. C. engelhardti Lx. Denver group, Golden.
12. C. holmesii Lx. Denver group, Silver Cliff.
13. C. myricoides Lx. Denver group, Golden.

ORIGINAL DESCRIPTIONS

SIZE AND ForM

Occidentalis—shrub or small tree, sometimes 6-7 m. high.

Chrysocarpa—small tree with narrow crown and ascending branches.

Colorado—small tree with spreading or ascending branches.

Erythropoda—small tree.

Cerronis—tree-like, 2-5 m. high, rather widely branched; trunk short and stout, with
rough bark.

Coloradensis—a low well-branched tree, but rather more open than the other sorts, about
10-12 feet tall, isolated specimens being very well rounded and symmetrical (Andrews).
Bark of the branches gray, irregularly furrowed and checked, with few rather large

lenticels.
Twics
Occidentalis—(no mention).

Chrysocarpa—twigs of the season somewhat villous when young, becoming glabrous;
varnished brown, or reddish the second year.

Colorado—twigs of the season villous, stout, 3-5 mm. thick, purple-brown.

Erythropoda—glabrous, bright purple or brown-purple.

Cerronis—young twigs brown, passing into the gray of the older ones; lenticels small,
nearly white.

Coloradensis—stoutish, glossy-brown (some of the young foliar twigs slender and green).
Mr. Eggleston has examined the type, and reports that the twigs are smooth.

THORNS
Occidentalis—slender, about 3 cm. long.
Chrysocarpa—(no mention).
Colorado—numerous, stout, dark purple; 5-7 cm. long.
Erythropoda—twigs sparingly armed with slender purple thorns 2-3 cm. long.
Cerronis—numerous, short (2-3 cm.), stout and thick for the length, straight, rarely a
little deflexed, very dark morocco-red, with small light-covered lenticels.
Coloradensis—rather few, often nearly wanting on some branches, glossy-brown, very
variable as to length (3-5 cm.), straight or slightly decurved.

LEAVES (blades)
Occidentalis—oval or slightly obovate, irregularly serrate and sometimes slightly lobed,
mostly obtuse at the apex, and narrowed or subcuneate at the base, 4-7 cm. long,
3 or 4 cm. wide, slender-petioled, pubescent beneath, at least on the veins.
Chrysocarpa—when mature perfectly glabrous, ovate, deltoid or rhombic in outline,
obtuse at the apex, obtuse or truncate at the base, very finely and sharply glandular
serrate, 7-9 lobed, firm in texture, dark green above, much paler beneath.

44 UNIVERSITY OF COLORADO STUDIES

Colorado—ovate or nearly orbicular, 4-7 cm. long, 3-6 cm. wide, sharply serrate, or above
doubly serrate or 3-7 lobed, bright green, glabrous.

Erythropoda—bright green, glabrous, 3-7 cm. long, 2-5 cm. broad, ovate or obovate in
outline, obtuse or acute at apex, obtuse or acute at the base, which is decurrent on the
petiole; rather obtusely serrate, sometimes with 3-7 shallow lobes.

Cerronis—broadly elliptic-ovate, 3-5 cm. long, 2-3 cm. broad, coarsely and serrately jew-
toothed, the teeth with finer gland-tipped acute serrations, acute or acuminate at apex,
the abruptly cuneate base entire or remotely serrulate, light green and perfectly
glabrous below, sparsely ciliate-pubescent above, especially on the veins.

Coloradensis—4-5 cm. long, mostly broadly oval to orbicular in outline, sometimes a
little narrower, or the upper half broadly triangular-acute; the base rounded or some-
what cuneate, entire or minutely serrate; the upper halj incisely and coarsely toothed,
with finer serrations on the teeth, which are slightly calloused but not glandular;
scatteringly ciliate-pubescent above, nearly glabrous beneath except on the
midrib and primary veins which are noticeably ciliate-pubescent or hirsute, even at
maturity; nearly full size when the flowers open.

PETIOLES

Occidentalis—slender.

Chrysocarpa—at first pubescent, at length nearly glabrous, slender, 1-2 cm. long, nar-
rowly winged, roughened with a few dark brown glands.

Colorado—1—1} cm. long, grooved on the upper surfaces, villous.

Erythropoda—half to 14 cm. long, winged above, generally purplish.

Cerronis—slender, without glands, channeled above, 5—20 mm. long.

Coloradensis—moderately stout, short, rarely more than } or 3 as long as the blade.

INFLORESCENCE

Occidentalis—corymbs several-flowered.

Chrysocarpa—corymbs compound, the branches more or less villous.

Colorado—corymbs many, 10-20 flowered, compound, villous, as well as the conical calyx.

Erythropoda—glabrous, compound, 3—7 cm. wide.

Cerronis—the paniculate corymb 5-10 flowered, congested in blossom but more open in
fruit.

Coloradensis—corymb many-flowered (10-12), broad or flat-topped, the pedicels hirsute-
pubescent, rather slender, 1-3 cm. long.

FLOWERS
Occidentalis—about 14 cm. wide.
Chrysocarpa—(no mention).
Colorado—about 1.8 cm. wide.
Erythropoda—(no mention).
Cerronis—petals suborbicular, with shallow crenations, noticeably reticulate-veined,
6-8 mm. broad.
Coloradensis—petals orbicular, about 8 mm. diameter, crenately toothed.

CALYx
Occidentalis—(no mention).
Chrysocarpa—(no mention).

THE GENUS CRATAEGUS IN COLORADO 45

Colorado—conical, lobes serrulate.

Erythropoda—lobes slender, entire.

Cerronis—calyx-tube only 2-3 mm. long, shorter than its lobes; lobes ovate, with a broad
gland-margined acumination.

Coloradensis—calyx-tube very short, hirsute, its narrow lobes cut into long slender nearly
cylindrical gland-tipped teeth.

STAMENS AND STYLES

Occidentalis—(no mention).

Chrysocarpa—stamens 10, styles 3-4.

Colorado—stamens Io, equalling the 2-3 styles.

Erythropoda—(no mention).

Cerronis—stamens few (1-8, mostly 5-8); anthers large, purple, pistils 5.

Coloradensis—stamens 10, about 5 mm. long; styles stout, mostly 3, rarely 2 or 4.

FRUIT

Occidentalis—oval-globose, about 1 cm. long.

Chrysocarpa—very abundant, golden yellow, orange, or reddish, 8-9 mm. long, generally
not quite so thick; nutlets 3-4.

Colorado—very abundant, at length glabrous, bright glossy red, 6-7 mm. thick; nutlets
2-3.

Erythropoda—glabrous, 7-8 mm. thick, orange, red, or red and orange.

Cerronis—nutlets 5. In Proc. Biol. Soc. Wash., December, 1904, p. 176, it is stated that
the fruit is black, mostly less than 1 cm. in diameter, the amount of pulp small;
carpels usually dissimilar, some of them being laterally flattened. (The statement
that the fruit is black applies only to dried specimens; in the fresh state it is red.
Mr. D. M. Andrews tells me that when quite ripe it gets a dark purplish red, verging
on chocolate.)

Coloradensis—mature fruit large, 10-13 mm. diameter, dark scarlet red, tipped with the
persistent calyx-lobes and filaments, the pulp juicy and well-flavored, the 2-4 (mostly 3)
nutlets rather large, slightly ridged on the back.

Typr-LocaLity

Occidentalis—Golden, collected by E. L. Greene. (The Nebraska specimens cited belong
to another species; fide Eggleston.)

Chrysocarpa, colorado, erythropoda.—‘foothills of the Cache la Poudre Mountains, at
about 6,000 ft.,”” collected by Ashe, August 20, 1899.

Cerronis—Cerro Summit, Colorado, prox. 2,500 m., flowers June 7, fruit July 12, rgor,
collected by Baker. Also cited from near Boulder, collected by Ramaley.

Coloradensis—Gregory Canyon, Boulder, collected by Andrews.

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THE SILVA OF COLORADO
III. Woopy PLants oF BOULDER COUNTY
By FRANCIS RAMALEY

Introduction.—This paper is intended as a preliminary report on the
trees, shrubs and vines of Boulder County. It is hoped that the general
discussion which follows, as well as the annotated list, may be useful to
students, botanists or others interested in woody plants. Since the
character of the flora is about the same all along the eastern foothill
region in Colorado north of the Palmer Lake divide, most of the facts
stated here will be of more general application than if Boulder County
were a region apart.

Sources of material.—Collections for the University of Colorado her-
barium were first made by Mr. J. I. McFarland in 1881." In 1895
and 1896 Mr. F. Y. Moseley, at that time an assistant in the department
of biology, collected some specimens at Long’s Peak and other alpine
and sub-alpine stations. In the summer of 1900 and from time to time
since then the author has made collections in various parts of the county.
Most of the Boulder County plants now in the herbarium are of these
collections. During 1906 and 1907 the writer was assisted by Mr. W.
W. Robbins, a graduate of the University. The larger part of the author’s
collections have been identified by Professor Aven Nelson of the Univer-
sity of Wyoming without whose accurate determinations the publication ~
of this paper would be impossible at the present time. The valuable
work of Dr. P. A. Rydberg? has been consulted constantly and specimens
cited by him in Boulder County are noted in the following list, credit
being given in each case. Dr. Robert T. Young, now of the University
of North Dakota, but formerly a resident of Boulder, made collections
in the county but I have not seen his plants.3

x Mr. McFarland was a member of the first graduating class ot the University.

2 Flora of Colorado, Bull. 100, Agr. Exp. Sta., Colo. Agr. Coll. 1906.

3 Dr. Young has prepared a valuable paper on the ‘‘Forest Formations of Boulder County” just pub-
lished in Botanical Gazette, Vol. XLIX, pp. 321-352. 1907.

47

48 UNIVERSITY OF COLORADO STUDIES

Families and genera represented.—The 112 species of woody plants
listed for the county are distributed in 29 families and 50 genera. ‘Trees
occur only in the following families: Pinaceae, Juniperaceae, Salicaceae,
Betulaceae, Ulmaceae, Pomaceae, Drupaceae, Aceraceae, Caprijoliaceae.
Families represented by 7 or more species of woody plants: Pinaceae,
Salicaceae, Grossulariaceae, Rosaceae, Pomaceae, Caprifoliaceae. Other
families have only a few species each. It is of interest to point out that
no oaks occur in the county although they are abundant at Morrison, to
the south, and some occur in North Park, to the north.

Other woody plants probably in the county.—This list is merely
preliminary. More complete collections are necessary. Species should
be looked for in the following genera: Juniperus, Sabina, Salix, Ribes,
Rosu, Amelanchier, Prunus, Amorpha, Robinia, Acer, Ceanothus
Lepargyraea, Phyllodoce, Cornus, Sambucus and Symphoricar pos.

Economic plants.—Trees used for lumber: Pinus jlexilis, Pinus
scopulorum, Pinus murrayana, Picea engelmanni, Pseudotsuga mucro-
nata. ‘Trees furnishing posts and rails or used for fuel, in addition to
the above list: Sabina scopulorum, all of the species of Populus and
some of the willows. Trees planted for shade or ornament: nearly all
the Pinaceae and Juniperaceae; all the poplars or cottonwoods, but
more often Populus sargentii and Populus acuminata; some of the
willows, also box elder. ‘Trees which are seldom planted but which
might prove valuable for ornament: Betula andrewsii, Betula jonti-
nalis, Celtis reticulata, Crataegus spp., Acer glabrum. Many of
the native shrubs would be ornamental. Some of the following have
been introduced to a slight degree but more might be used: Berberis
aquifolium, Edwinia americana, Ribes longiflorum, Dasiphora fruti-
cosa, Holodiscus dumosus, Opulaster monogynus, Opulaster ramaleyt,
Rubus deliciosus, Rubus parviflorus, some of the species of Amelanchier,
Sorbus scopulina, Ceanothus velutinus, Lepargyraea canadensis, Cornus
stolonijera, A pocynum androsemaejolium, Distegia involucrata, Sambucus
microbotrys.

Geography of Boulder County.—The accompanying map gives the
important streams and mountains as well as the towns in the county.
East of the “front ridge of foothills” noted on the map there is plains

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5

SKETCH MAP OF BOULDER COUNTY

The smaller gulches or canyons near Boulder are numbered on the map as follows: 1. Sunshine Canyon; 2. Gregory Canyon;
3. Bluebell Canyon; 4. Pole Canyon; 5. Bear Canyon.

5° UNIVERSITY OF COLORADO STUDIES

country, with an altitude of from 4,900 to 5,500 ft. ‘To the west is a
region of foothills, dissected plateaus and alpine peaks. The peaks
vary in height from 12,500 ft. (Bald Mt.) to over 14,000 ft. (Long’s
Peak). The foot of the main range, or continental divide, is 10,000 to
10,500 feet in altitude and the lowest passes from 1,000 to 2,000 ft.
higher. Boulder County is in north central Colorado, the city of Boulder
being about 25 miles northwest of Denver.

Altitudinal distribution.—The limits of altitude printed in the
systematic list are based not only on collections, but also on field notes
taken at various times when no collections were made. It is believe
that they are substantially correct. However, occasional plants of
nearly every species may be found somewhat above or below the limits
given. This is naturally the case since a number of edaphic factors
may unite in places to overbalance the climatic factor of temperature
which is the chief one introduced by altitude. It is worthy of note
that most of the trees of the plains region ascend only to 6,000 or 6,500
ft.; a few of the trees and a number of shrubs reach 8,000 or 9,000 ft.
Above 9,000 ft. there is considerable change in the flora and at an alti-
tude of 10,000 ft. practically all of the woody plants are true mountain
species. If, then, one wishes to go from the plains at Boulder (or
Denver) to where there is an entirely different flora it will be necessary
to reach an altitude of about 10,000 ft. The chart on page 52
shows the altitudinal distribution for a number of our most character-
istic and easily identified species of woody plants.

Zones of plant life——The following zones of plant life in Boulder
County may be distinguished.t (1) Plains zone, altitude up to 5,800
ft—a grassland formation; trees and shrubs only along streams and on
rock ridges. (2) Foothill zone, altitude 5,800 to 8,000 ft.—generally a
rather open forest of rock pine on hillsides with a mixture of Douglas
spruce on north slopes and some deciduous trees in the canyons. (3)
Montane zone, altitude 8,000 to 10,000 ft.—closer forest of lodgepole
pine with admixtures of rock pine and limber pine at various places;
Engelmann spruce in the higher parts. (4) Sub-alpine zone, altitude
10,000 to 11,500 ft.—characterized by forests of Engelmann spruce

x See a note on this subject by the present writer in Science, Vol. XXVI, p. 642, 1907.

THE SILVA OF COLORADO 51

with limber pine and balsam fir as secondary species. Vaccinium is
usually abundant on the forest floor. A considerable amount of grass-
land occurs as mountain meadows in the upper part of this zone. ‘‘ Wind
timber” runs up in tongues to various altitudes and there are small
patches of such scrub isolated from the main part below. Numerous
small lakes and bogs occur along stream courses. (5) Alpine zone,
altitude 11,500 to 14,000. This is a grassland and rock-desert zone.
Dwarf willows occur, often in large patches, but there are no other
woody plants.

List oF SPECIES OF Woopy PLANTS
PINACEAE, PINE FAMILY

Pinus flexilis James. LIMBER PINE, WHITE PINE

Usually a rather small tree but reaching considerable size among Engelmann spruces
at about 10,000 ft. At lower altitudes it occurs chiefly in wind-swept stations. Easily
distinguished from other pines of this county by its large, smooth cones and its short
leaves in bundles of five. In exposed places it is much contorted, the trunk sometimes
prostrate.

Altitude: 7,500 to 11,000 ft. Collections: Eldora; Sugarloaf; Ward. Isolated
specimens of this pine probably occur as low as 6,500 ft. where much exposed to wind.

Pinus murrayana ‘“‘Oreg. Com.’”’ LODGEPOLE PINE

A slender medium-sized tree forming dense, pure forests at altitudes of about 8,000
or 9,000 ft. It also occurs mixed with the rock pine and limber pine in some places.
Leaves are in bundles of two, the cones small and numerous. Used for fuel, timber,
posts and railroad ties.

Altitude: 6,500 to 10,500 ft. Collections: Allenspark; Eldora; Pine Glade School.

Pinus scopulorum (Englem.) Lemmon. Rock PINE

A handsome spreading tree, the largest of our native conifers. This is the only pine
on the mesas and lower foothills in the county. Formerly much used for lumber but
the supply in Boulder county now nearly exhausted. The lumber is known locally as
“native” and “black jack.” Easily distinguished by its long leaves, 1 dm. or more in
length. The leaves are in bundles of two or three.

Altitude: 5,000 to 9,000 ft. Collections: Eldora; Sugarloaf; Bluebell Canyon;
head of Gregory Canyon, altitude 7,400 ft.

Picea parryana (Andree) Sarg. BLUE SPRUCE, SILVER SPRUCE

A handsome, ornamental tree sometimes with silvery bloom especially on the leaves
at tips of branches. It should be noted, however, that the Engelmann spruce and the
Douglas spruce frequently are “blue’’ also. Moist situations along streams throughout
the county within its altitudinal limit. The blue spruce never forms forests but occurs
in fringes along streams or sometimes in small groves. Much planted for ornament.

Altitude: 6,500 to 10,500 ft. Collections: Fourth of July Mine; South Boulder
Canyon, altitude, 6,800 ft.

52 UNIVERSITY OF COLORADO STUDIES

Picea engelmanni (Parry) Engelm. ENGELMANN SPRUCE

A handsome conical tree frequently forming pure forests at about 10,000 to 11,000 ft.
Common everywhere in the higher altitudes throughout the county. It forms most of
the “wind timber” at timber line. Used for timber and railroad ties. The lumber is
known locally as “white spruce.”’

Altitude: 8,500 to 11,500 ft. Collections: Eldora, Silver Lake.
Pseudotsuga mucronata (Raf.) Sudw. DoucLas SPRUCE

A handsome broad-based conical tree of moist gulches and north slopes. It has a
less compact and more feathery appearance than the true spruces. The wood is valuable

scopulorum
Sargent
angustifolia
scopulorum
fontinalis
Rubus
deliciosus
Alnus tenuifolia
tremuloides
mucronata
involucrata
murrayana
Picea parrayana
fruticosa
Pinus flexilis
Abies lasiocarpa

=
=

5
2
2

>
=

wv

2
=
a

Acer negundo
Crataegus spp
Sabina
Populus
Populus
Pinus
Betula
Populus
Juniperus
Paeudotsuga
Distegia
Dasiphora
Vaccinium

CHART ILLUSTRATING ALTITUDINAL DISTRIBUTION

The figures at the left indicate altitude above sea level expressed in feet. The lowest
point in Boulder County is about 4,900 ft. Probably most of the species which are indica-
ted as extending down to 5,000 ft. really reach to the lowest point in the county. The
species selected for the chart are those most easily recognized without attention to minute

characters.

for lumber and when used locally is known as “red spruce.” Young trees are cut for

decoration at Christmas time.
Altitude 6,000 to 10,000 ft. Collections: South Boulder Canyon; Gregory Canyon;

Sugarloaf Mountain; Eldora.

Abies lasiocarpa (Hook.) Nutt. BatsAm Fir
Usually a small tree, but sometimes 3 to 4 dm. in diameter. In the lower parts of

THE SILVA OF COLORADO 53

its range this tree grows with limber pine and at higher altitudes with Engelmann spruce.
Scattered trees are found to the upper limit of wind-blown timber on all the peaks. Seldom
used for lumber; the wood is weak and brittle.

Altitude: 8,000 to 11,500 ft. Collections: Eldora; Ward; foot of Mt. Audubon.

JUNIPERACEAE, JunirPEer FAmiLy

Juniperus sibirica Burgsd. JUNIPER

A prostrate spreading shrub with sharp-pointed leaves. Dry situations on mesas
and foothills to the base of the main range.

Altitude: 6,000 to 10,000 ft. Collections: South Boulder Canyon, 6,800 ft.; above
Magnolia; Sugarloaf; Eldora; foot of Long’s Peak; Gresham; “mountains between
Sunshine and Ward” (Rydberg).

Sabina scopulorum (Sarg.) Rydb. CEDAR, RED CEDAR
A small conical tree, or in wind-swept places much distorted. Usually in exposed
situations on hills and ridges; formerly used for fence posts, but the supply now exhausted.
Altitude: 5,000 to 8,500 ft. Collections: Bluebell Canyon; South Boulder Can-
yon 6,800 ft.; above Magnolia; Sugarloaf.

SMILACEAE, Smitax FAmItLy

Nemexia lasioneuron (Hook.) Rydb. SmILAx, CARRION FLOWER
A low, trailing plant of shady situations growing under trees and bushes.
Altitude: 5,000 to 6,500 ft. Collections: mouth of Boulder Canyon; mouth of
Gregory Canyon.
SALICACEAE, WILLow Famity

Populus acuminata Rydb. LANCELEAF COTTONWOOD

A medium-sized tree of somewhat symmetrical form rather rare in Boulder County
except where planted. Along streams.

Altitude: 4,900 to 6,000 ft. Collections: gulch one mile south of Chautauqua;
Valmont; cultivated at Boulder. ~

Populus angustifolia James. NARROWLEAF COTTONWOOD
A tree of open, unsymmetrical form growing along streams. Very common.
Altitude: 5,000 to 9,000 ft. Collections: 17th Street bridge at Boulder; Boulder;
South Boulder Canyon; Valmont; mouth of Gregory Canyon; “Boulder” (Rydberg).

Populus balsamifera Linn. BALM oF GILEAD, BALSAM POPLAR
A medium sized tree of gulches and along streams.
Altitude: 8,000 to 10,000 ft. Collections: Fouth of July Mine; Eldora; Allenspark.

Populus sargentii Dode. Common WESTERN COTTONWOOD

This is Populus occidentalis of Rydberg’s Flora and P. angulata of Coulter’s Manual.
Common along streams in the plains region and occasional in the mountains. Much
planted for shade.

Altitude: 4,900 to 8,500 ft. Collections: Valmont; Boulder Creek; Boulder;
mouth of Gregory Canyon; “Eldora to Baltimore” (Rydberg).

Populus tremuloides Michx. QuUAKING ASPEN
A small tree of moist slopes and gulches forming characteristic groves.

54 UNIVERSITY OF COLORADO STUDIES

Altitude: 6,000 to 10,000 ft. Collections: Gregory Canyon; South Boulder Canyon;
Sugarloaf Mountain.
Salix amygdaloides Anders. PEACH WILLOW.

This is the commonest tree willow of the county. Along streams in the plains region
and lower foothills.

Altitude: 4,900 to 7,000 ft. Collections: Valmont; Boulder; University campus;
mouth of St. Vrain Canyon; “near Boulder” (Rydberg).
Salix bebbiana Sarg. BrEBB’s WILLOW

A bushy tree at lower stations and low shrub in high elevations. Along streams
and margins of lakes.

Altitude: 4,900 to 10,000 ft. Collections: Boulder; near Boulder; South Boulder
Creek; Bear Canyon; “Boulder” (Rydberg).
Salix brachycarpa Nutt. Dwarr WILLOW

Altitude: 7,000 to 11,000 ft. Collection: Silver Lake.
Salix chlorophylla Anders. WILLOW

Altitude: 8,000 to 10,500 ft. Collection: near Fourth of July Mine.

Salix exigua Nutt. NARROWLEAF WILLOW

A common willow fringing streams.

Altitude: 5,000 to 9,000 ft. Collections: Marshall; Valmont; Boulder; South
Boulder Canyon; near junction of Fourmile and Boulder Creek.
Salix fendleriana Anders. WILLOW

Altitude: 6,000 to 9,000 ft. Collection: South Boulder Canyon.
Salix glaucops Anders. WILLOW

Altitude: 7,000 to 12,000. Collections: Eldora; Long’s Peak; ‘“‘south of Ward”
(Rydberg).
Salix luteosericea Rydb. S1iLKy WILLOW

Altitude: 5,000 to 7,000 ft. Collections: South Boulder Canyon, 6,800, ft.; “near
Boulder” (Rydberg).
Salix nuttallii Sarg. BLAack WILLOW

A slender tree with handsome, dark, shining leaves. Along streams and sometimes
scattered in moist places through coniferous forests.

Altitude: 7,000 to 10,000 ft. Collections: Sugarloaf Mountain; Bluebird Mine;
Spencer Mountain at Eldora; “Eldora to Baltimore” (Rydberg).
Salix perrostrata Rydb. WILLOW

Distribution in Boulder County not known. Collections: ‘Boulder’ (Rydberg).
Salix pseudolapponicum Seem. DWwarr WILLOW

Altitude: 10,000 to 13,000 ft. Collections: Fourth of July Mine; “Eldora to Balti-
more ” (Rydberg).
Salix saximontana Rydb. Dwarr WILLow

Altitude: 9,000 to 14,000 ft. Collections: Long’s Peak; “Arapahoe Peak” (Ryd-
berg).
Salix wolfii Bebb. WuiLLow

Altitude: 8,000 to 10,500 ft. Collections: ‘Eldora to Baltimore” (Rydberg).

THE SILVA OF COLORADO 55

BETULACEAE, BrircH FAMmILy

Alnus tenuifolia Nutt. ALDER

A small tree along streams throughout the plains and foothill regions.

Altitude: 5,000 to 10,000 ft. Collections: East of Boulder; St. Vrain Creek; Sun-
shine Canyon; South Boulder Canyon; Allenspark; Eldora; west of Ward; “lower
Boulder Canyon’”’ (Rydberg).

Betula andrewsii Aven Nelson. BIRCH
A small tree resembling the paper birch of the eastern states. Known only from
Green Mountain near Boulder.

Betula fontinalis Sarg. CANYON BIRCH
A handsome tall shrub or small tree with shining leaves. Along watercourses.
Altitude: 5,250 to 10,000 ft. Collections; St. Vrain Creek; Bear Canyon; South
Boulder Canyon; Allenspark; Sugarloaf Mountain; foot of Long’s Peak; “Eldora to
Baltimore”? (Rydberg).

Betula glandulosa Michx. Swamp BircH

A shrub about 1 meter high growing in mountain bogs and along streams.

Altitude: 8,500 to 11,000 ft. Collections: Redrock Lake; west of Ward; Goose
Lake near Arapahoe Peak; Bald Mountain; “Eldora to Baltimore” (Rydberg).

CORYLACEAE, Hazet-Nut Famity

Corylus rostrata Ait. HaAzEL

A tall shrub growing in clumps.

Altitude: 5,500 to 8,000 ft. Collections: Gregory Canyon; South Boulder Canyon;
Sugarloaf Mountain; “lower Boulder Canyon” (Rydberg).

ULMACEAE, Etm Famty

Celtis reticulata Torr. HAcCKBERRY

This is C. occidentalis of Coulter’s Manual. An elm-like tree of exposed ridges and
foothills. Rather rare in Boulder County.

Altitude: 5,600 to 6,500 ft. Collections: Valmont Butte; Sunshine Canyon; gulch
near Boulder Cemetery; “plains and foothills near Boulder”? (Rydberg).

CANNABINACEAE, Hemp Famity

Humulus lupulus neo-mexicanus Nels. and Ckll. Mountain Hops
Trailing on the ground or over bushes and rocks in shaded situations.
Altitude: 4,900 to 8,000 ft. Collections: Near Boulder; Sugarloaf Mountain.

LORANTHACEAE, MIstLEeEToE FAMILY

Razoumofskya americana (Nutt.) Kuntze. MISTLETOE

Parasitic on the lodgepole pine.

Collections:' Sugarloaf Mountain; near Rollinsville; near Pine Glade School;
“Sunset” (Rydberg).

Razoumofskya cryptopoda (Engelm.) Kuntze. MISTLETOE
Parasitic on the rock pine, often causing the formation of so-called “‘ witches’ brooms.’”
Collections: Mt. Alto Park; “Between Sunshine and Ward” (Rydberg).

56 UNIVERSITY OF COLORADO STUDIES

RANUNCULACEAE, Crowroot FAmIty
Clematis ligusticifolia Nutt. Vrrcin’s Bower.
Climbing over trees and bushes along streams and in canyons.
Altitude: 4,900 to 7,000 ft. Collections: near Boulder; Sunshine Canyon; St.
Vrain Creek below Lyons.

BERBERIDACEAE, BarBERRY FAMILY
Berberis aquifolium Pursh. OREGON GRAPE
A low, trailing undershrub with leaves resembling holly. Mostly on south slopes
in exposed situations.
Altitude: 5,000 to 9,500 ft. Collections: near Boulder; South Boulder Creek;
“near Boulder” (Rydberg).

HYDRANGEACEAE, HyprancEA FAMILY
Edwinia americana (T. and G.) Heller. Wax FLOWER

A handsome shrub of rather dry and exposed rocky places.

Altitude: 5,500 to 10,000 ft. . Collections: Sunset; Head of Gregory Canyon; Boul-
der Falls; Sugarloaf Mountain; Eldora; foot of Long’s Peak; “Eldora to Baltimore”
(Rydberg).

GROSSULARIACEAE, GoosEBERRY FAMILY
Ribes lentum (Jones) Coville and Rose.

Altitude: 8,000 to 11,000 ft. Collection: ‘“Eldora to Baltimore” (Rydberg).
Ribes longiflorum Nutt. FLOWERING CURRANT

A shrub with a profusion of yellow flowers in early spring. Along creek flood-plains
and canyon mouths.

Altitude: 5,000 to 6,000 ft. Collections: north of Boulder; mouth of Gregory
Canyon; “Boulder” (Rydberg).

Ribes parvulum (A. Gray) Rydberg.

A low trailing shrub growing usually in moist places.

Altitude: 8,000 to 11,500 ft. Collections: Redrock Lake, west of Ward; Fourth
of July Mine.

Ribes pumilum Nutt. Witp CuRRANT

Among rocks on hillsides.

Altitude: 5,000 to 10,000 ft. Collections: South Boulder Canyon; Sunshine Can-
yon; Copeland’s; ‘near Boulder’? (Rydberg).

Ribes purpusi Koehne. GoOSEBERRY

In somewhat moist situations in gulches and along streams.

Altitude: 6,000 to 10,000 ft. Collections: Boulder County; South Boulder Canyon,
altitude 6,800 ft.; “between Sunshine and Ward” (Rydberg).

Ribes vallicola Greene. GooSEBERRY

Along streams and in gulches.

Altitude: 5,000 to 9,000 ft. Collections: St. Vrain Creek below Lyons; Pine Glade
School.

ROSACEAE, Roser Famity
Cercocarpus parvifolius Nutt. Mountain MAHOGANY
On dry hillsides and ridges sometimes forming a rather dense “scrub.”

THE SILVA OF COLORADO 57

Altitude: 5,000 to 9,000 ft. Collections: near Boulder; South Boulder Canyon;
Flagstaff Mountain; “Boulder” (Rydberg).

Dasiphora fruticosa (Linn.) Rydb. SHRUBBY CINQUEFOIL

Handsome flowering shrub in moist meadows and along streams.

Altitude: 8,000 to 10,500 ft. Collections: Allenspark; Mt. Alto Park; Eldora;
Redrock Lake, west of Ward.

Holodiscus dumosus (Nutt.) Heller. MEADOWSWEET

A handsome white-flowered shrub resembling some of the cultivated species of
Spiraea. Rare in Boulder County but well-known farther south.

Altitude: 7,000 to 8,500 ft. Collections: a single specimen collected by J. I. McFar-
land in 1881 is labeled “Boulder County.”” Not seen in Boulder County by the writer.

Kunzia tridenta (Pursh) Spreng.

A low, much-branched shrub of rocky hillsides.

Altitude: 6,500 to 8,500 ft. Collections: Head of Gregory Canyon; north of Nader-
land.

Opulaster glabratus Rydb. NINE BARK

A dwarf shrub on ridges and in gulches.

Altitude: 5,000 to 10,000 ft. Collections: Bluebell Canyon; South Boulder Canyon;
Sugarloaf Mountain; ‘Boulder’ (Rydberg).

Opulaster intermedius Rydb. NINE BARK

On moist cliffs and in gulches.

Altitude: 6,000 to 8,600 ft. Collections: Sugarloaf Mountain; Eldora; “lower
Boulder Canyon” (Rydberg).

Opulaster monogynus (Torr.) Kuntze. NINE BARK

A medium-sized shrub on moist hillsides and in gulches. This is the best of our
native species of Opulaster for planting as an ornamental shrub.

Altitude: 6,000 to 9,000 ft. Collections: Bluebell Canyon; Gregory Canyon;
North Boulder Canyon; Spencer Mountain at Eldora.

Opulaster ramaleyi A. Nels. NINE BARK

A shrub sometimes two meters high. In canyons and gulches.

Altitude: 5,000 to g,ooo ft. Collections: near Boulder; Boulder Canyon near
mouth; Gregory Canyon; Boulder Canyon near mouth of Fourmile; Boulder Falls;
Magnolia; Eldora.

Rosa aciculata Ckll. Wuitp RosE
Altitude: 6,000 to 9,000 ft. Collection: “mountains between Sunshine and Ward.”
(Rydberg).

Rosa engelmanni S. Wats. WILD ROSE
Altitude: probably from 6,000 to 10,000 ft. Collections; Eldora; foot of Long’s
Peak; Boulder Canyon, 7,340 ft.

Rosa fendleri Crepin. Wu£ILD ROSE
Altitude: 5,000 to 9,000 ft. Collections: Marshall; above Magnolia; “Boulder;
between Sunset and Ward” (Rydberg).

58 UNIVERSITY OF COLORADO STUDIES

Rosa nutkana Presl. WuiLp RosE

This and the next following species are among the showiest of our roses.

Altitude: 5,000 to 9,000 ft. Collections: Marshall; Bluebell Canyon; head of
Gregory Canyon; Pine Glade School.
Rosa pratincola Greene. WmILD RosE

Altitude: 4,900 to 7,000 ft. Collections: near Boulder; South Boulder Canyon;
mouth of Gregory Canyon.

Rosa sayi Schwein. WILD RosE

Altitude: 5,000 to 10,000 ft. Collections: South Boulder Canyon, 6,800 ft.; Cope-
land’s; “Eldora to Baltimore” (Rydberg).
Rosa woodsii Lindl. Wuitp RosE

Altitude: 6,000 to 9,000 ft. Collections: Sugarloaf Mountain; Bluebird Mine;
Spencer Mountain ‘at Eldora.

Rubus deliciosus James. THIMBLE BERRY

A shrub, with large handsome, white flowers on hillsides and in gulches. Very
common. Sometimes planted for ornament.

Altitude: 5,000 to 10,000 ft. Collections: Valmont Butte; South Boulder Canyon;
Sugarloaf Mountain; “gulch south of Boulder”? (Rydberg).

Rubus parviflorus Nutt. FLOWERING RASPBERRY
A trailing shrub in moist situations among rocks or in shade of trees and bushes.
Altitude: 7,000 to 9,000 ft. Collection: Magnolia.
Rubus strigosus Michx. RED RASPBERRY
This is our common prickly raspberry on mountain roads and hillsides.
Altitude: 6,000 to 10,000 ft. Bear Canyon; South Boulder Canyon; Bluebird
Mine; near Ward.

POMACEAE, Apple FAMILY

Amelanchier alnifolia Nutt. JuNE BERRY
Altitude: 5,000 to 9,000 ft. Collections: Sunshine Canyon; Eldora.

Amelanchier elliptica A. Nels. JUNE BERRY
On hillsides and slopes.
Altitude: 6,000 to 8,500 ft. Collections: Sugarloaf Mountain.

Amelanchier oreophila A. Nels. JUNE BERRY
Altitude: probably 5,000 to 8,000 ft. Collection: near Boulder.

Crataegus erythropoda: Ashe. THORN APPLE

A shrub or small tree with thin, shining leaves, deeply cut and with sharp teeth.
Found in open canyons and draws; associated with other species of Crataegus to form
dense thickets.

Altitude: 5,500 to 6,500 ft. Collections: mouth of Gregory Canyon; “Boulder”
(Rydberg).

t In the genus Crataegus I have used the names suggested by Professor T. D. A. Cockerell in his article
in this number of the Studies. Thus I have written C. erythropoda Ashe, in place of C. cerronis A. Nels. and

C. coloradensis A. Nels. in place of C. occidentalis Britt., as used by Rydberg in his Flora of Colorado. (See Pro-
fessor Cockerell’s article in these Studies, Vol. V, p. 41.)

THE SILVA OF COLORADO 59

Crataegus colorado Ashe. THORN APPLE

A shrub or small tree with thick, rough leaves; forming thickets in open gulches
of mesas and lower foothills.

Altitude: 5,500to 6,500 ft. Collections: near Boulder; Gregory Canyon.

Crataegus coloradensis A. Nelson.t THORN APPLE

Similar in appearance to Crataegus colorado and occurring in the same situations.

Altitude: 5,500 to 6,500 ft. Collections: Bluebell Canyon; near Boulder; “lower
Boulder Canyon” (Rydberg).
Sorbus scopulina Greene. Mountain ASH

Distribution in Boulder County is not known to the writer. A single specimen col-
lected by Mr. W. W. Robbins near Tolland came from near the line between Boulder
and Gilpin counties.

DRUPACEAE, Pium FAmity

Prunus americana Marsh. WILD PLUM

Scattered along streams at canyon mouths.

Altitude 5,900 to 8,000 ft. Collections: Bluebell Canyon; Sunshine Canyon; Flag-
staff Mountain; ‘“‘ Boulder” (Rydberg).

Prunus besseyi Bailey. SAND CHERRY

On rock ridges and slopes. Apparently rare in the county.

Altitude: about 5,000 ft. A specimen was photographed, but not collected, at
White Rocks.

Prunus melanocarpa (A. Nels.) Rydb. CHOKE CHERRY

A shrub usually growing in clumps. Common in slightly moist places in foothill
region.

Altitude: 5,000 to 9,000 ft. Collections: Valmont Butte; near Boulder; South
Boulder Canyon; Bluebell Canyon; lower Gregory Canyon; north of Boulder; head of
Gregory Canyon; Sugarloaf Mountain; near Long’s Peak.

Prunus pennsylvanica Linn. f. WILD CHERRY
Moist hillsides and open woods, not common.
Altitude: 6,000 to 9,000 ft. Collections: Eldora; “Eldora to Baltimore” (Rydberg).

PAPILIONACEAE, PuLsE FAMILY
Amorpha angustifolia (Pursh) Boynton
Altitude: 4,900 to 5,500 ft. Collection: near Boulder.

SPONDIACEAE, Sumac FAMILy
Rhus glabra Linn. Sumac
A medium-sized shrub generally growing in masses on mesa tops, canyon sides, and
slopes. The leaves turn a handsome red in the autumn.
Altitude: 5,500 to 7,500 ft. Collections: Bear Canyon; near Magnolia; “lower
Boulder Canyon” (Rydberg).

Rhus rydbergii Small. Porson Ivy
A shrub or trailing vine common on moist hillsides and in gulches. Attaining greatest
size at canyon mouths. Easily recognized by the three-parted dark green leaves which

t This is probably the Crataegus occidentalis of Rydberg’s Flora of Colorado.

60 UNIVERSITY OF COLORADO STUDIES

become a handsome orange-red in autumn. The greenish-white clusters of berries
remain during the winter.

Altitude: 4,900 to 7,500 ft. Collections: Valmont Butte; Gregory Canyon; “foot-
hills near Boulder” (Rydberg).

Rhus trilobata Nutt. SKUNK BusH

A low shrub of dry hillsides and rocky places; very common. The leaves become
orange-red and copper-colored in autumn.

Altitude 5,000 to 7,500 ft. Collections: Valmont Butte; hillside, Bluebell Canyon;
South Boulder Canyon; ‘Boulder’ (Rydberg).

ACERACEAE, Map te FAMILy

Acer glabrum Torr. MouNntTAIN MAPLE

A small tree or shrub along streams and gulches to the foot of the range. It would
be valuable for ornamental purposes.

Altitude: 4,900 to 9,000 ft. Collections: Bluebell Canyon; Sunshine Canyon;
Sugarloaf Mountain; Eldora.
Acer negundo Linn. Box ELDER

A tree of lower foothills and plains regions along streams and on moist hillsides.

Altitude: 4,900 to 6,500 ft. Collections: east of University campus; near Boulder;
St. Vrain Creek below Lyons.
Acer texanum Pax. Box ELDER

This species is very similar to the preceding and probably has the same distribution.

Collections: Bear Canyon; Bluebell Canyon; “foothills near Boulder” (Rydberg).

FRANGULACEAE, BuckTHoRN FAMILY
Ceanothus fendleri Gray. NEw JERSEY TEA

A low, thorny shrub of dry hillsides; very common.

Altitude: 5,500 to 9,500 ft. Collections: near Boulder; South Boulder Canyon;
head of Gregory Canyon; hill north of Nederland; “Boulder; between Sunhsine and
Ward” (Rydberg).

Ceanothus pubescens (T. and G.) Rydb. NEw JEersEy TEA

A small shrub on mesas and foothills.

Collections: Bluebell Canyon; Eldora; “Boulder” (Rydberg).
Ceanothus subsericeus Rydb. NEw JERSEY TEA.

A low shrub on plains and lower foothills.

Altitude: 5,000 to 6,500 ft. Collections: plains north of Marshall; Boulder Can-
yon near mouth of Fourmile.

Ceanothus velutinus Dougl. NEw JERSEY TEA

Shrub with handsome dark green leaves growing in clumps; slightly moist soil of
hillsides and gulches.

Altitude: 6,000 to 9,000 ft. Collections: Bear Canyon; Eldora; near foot of Long’s
Peak; ‘between Sunshine and Ward”’ (Rydberg).

VITACEAE, GraprE FAMILY

Parthenocissus vitacea Hitchc. VIRGINIA CREEPER
Climbing in trees and over rocks in river-bottom forests and at canyon mouths.

THE SILVA OF COLORADO 61

Altitude: 4,900 to 6,000 ft. Collections: near Boulder; Gregory Canyon; St.
. Vrain Creek below Lyons; “near Boulder” (Rydberg).

Vitis vulpina Linn. WILD GRAPE
Altitude: 4,900 to 7,000 ft. Collections: Sunshine Canyon; mouth of Gregory
Canyon; St. Vrain Creek below Lyons; mouth of Boulder Canyon; “Boulder” (Ryd-
berg).
ELAEAGNACEAE, OLEASTER FAMILY

Lepargyraea canadensis (Linn.) Greene. BUFFALO BERRY

A low shrub with leaves dark green above and silvery below. In woods and some-
what shaded places.

Altitude: 6,500 to 10,000 ft. Collections: near Magnolia; head of Gregory Canyon;
Sugarloaf Mountain; Eldora; Spencer Mountain at Eldora; “Eldora to Baltimore”
(Rydberg).

ARALIACEAE, ARALIA FAMILY
Aralia nudicaulis Linn. WuiLpD SARSAPARILLA

Although this is hardly a woody plant it is included here because sometimes mistaken
for poison ivy. Gulches and under deciduous trees and shrubs.

Altitude: 5,000 to 8,000 ft. Collections: South Boulder Canyon; “Boulder” (Ryd-
berg).

CORNACEAE, Docwoop FaAMILy
Cornus stolonifera Michx. DoGwoop

A shrub with red twigs and ovate leaves, the latter with distinct venation. Stream-
banks and gulches.

Altitude: 5,000 to 9,000 ft. Collections: Gregory Canyon; South Boulder Canyon;
near Boulder Falls; Sugarloaf Mountain.

ERICACEAE, HEatH FAMILY

Arctostaphylos uva-ursi (Linn.) Spreng. KINNIKINIK, BEARBERRY
A prostrate, thick-leaved, evergreen plant of hillsides and mesas. Very common.
Altitude: 5,500 to 10,500 ft. Collections: South Boulder Canyon; Sugarloaf Moun-
tain; Pine Glade School; Eldora; Copeland’s.

Gaultheria humifusa (Graham) Rydb. CREEPING WINTERGREEN

Altitude: 10,000 to 11,000 ft. Reported by Mr. D. M. Andrews from Fourth of
July Mine.
Kalmia microphylla (Hook.) Heller. Dwarr LAUREL

A low, delicate woody plant with handsome pink flowers. It occurs in swampy
places at the foot of the main range.

Altitude: 10,000 to 11,000 ft. Collections: Camp Albion; foot of Arapahoe Peak;
Fourth of July Mine; “Caribou” (Rydberg).

VACCINIACEAE, HuckLEBERRY FAMILY

Vaccinium caespitosum Michx. Dwarr BILBERRY

A stiff, much-branched shrub with small leaves and small, blue, edible berries. In
coniferous forests and on open hillsides.

Altitude: 8,000 to 11,000 ft. Collection: ‘‘Eldora to Baltimore” (Rydberg).

62 UNIVERSITY OF COLOORAD STUDIES

Vaccinium erythrococcum Rydb. RED BILBERRY
A low shrub with very small leaves and bright red berries. Hills and forest openings.
Altitude: 8,500 to 11,000 ft. Collection: Boulder County.

Vaccinium oreophyllum Rydb. BLUEBERRY, HUCKLEBERRY

Low shrub with angled branches and leaves about 1.5 cm. long; berry purplish-
black. Very common in coniferous forests at about 10,000 ft.

Altitude: 8,000 to 11,500 ft. Collections: Bald Mountain near Ward; Redrock
Lake above Ward; Fourth of July Mine; foot of Long’s Peak.

APOCYNACEAE, DocBANE FAMILY

Apocynum ambigens Greene. DOGBANE

This and the other species are perhaps technically herbs but are included here because
of their general appearance.

Altitude: 6,000 to 8,000 ft. Collections: Bear Canyon; head of Gregory Canyon;
“Boulder” (Rydberg).

Apocynum androsemaefolium Linn. DOGBANE

A low, branching shrubby plant with an abundance of pink flowers in midsummer.
Hillsides and forests.

Altitude; 6,500 to 9,000 ft. Collections: South Boulder Canyon; north of Neder-
land; Boulder County.

Apocynum cannabinum Linn. INDIAN HEMP

In river-bottom forests of the plains and lower foothills.

Altitude: 4,900 to 6,500 ft. Collections: along the railroad track near Boulder
station; Bluebell Canyon; “Boulder” (Rydberg).

Apocynum hypericifolium Ait. DoGBANE

Altitude: 5,000 to 6,000 ft. Collections: valley east of Boulder; “Boulder” (Ryd-
berg).
Apocynum lividum Greene. DOGBANE

Altitude: 6,000 to 9,000 ft. Collection: Eldora.

Apocynum scopulorum Greene
Altitude: 6,000 to 9,000 ft. Collection: Sugarloaf.

CAPRIFOLIACEAE, HoneysuckKLE FAMILY

Linnaea americana Forbes. TWIN-FLOWER

Low, trailing, evergreen plant with delicate pink flowers in two’s on long peduncles.
Coniferous forests and north slopes.

Altitude: 7,500 to 12,000 ft. Collections: Magnolia; Eldora; Spencer Mountain
at Eldora; Foot of Arapahoe Peak; hill south of Ward; ‘South Boulder Peak” (Rydberg).

Distegia involucrata (Richardson) Ckll. FLy HONEYSUCKLE

A tall shrub in cold soil along stream-banks with deciduous trees. Common between
8,000 and 9,000 ft.

Altitude: 6,500 to 10,000 ft. Collections: South Boulder Canyon; Allenspark;
Eldora; Spencer Mountain at Eldora; Redrock Lake west of Ward; near Ward; “be-
tween Sunshine and Ward” (Rydberg).

THE SILVA OF COLORADO 63

Sambucus melanocarpa A. Gray. BLACK-BERRIED ELDER

A medium-sized shrub with large, compound-pinnate leaves; on slopes and among
rocks.

Altitude: 8,000 to 9,500 ft. Collections: Sugarloaf Mountain; North Boulder
Creek.

Sambucus microbotrys Rydb. RED-BERRIED ELDER

In somewhat moist soil among willows and aspens.

Altitude: 7,500 to 12,000 ft. Collections: Spencer Mountain at Eldora; Silver
Lake; foot of Long’s Peak; Redrock Lake, west of Ward; “between Sunshine and
Ward” (Rydberg).

Symphoricarpos occidentalis Hook. SNOWBERRY, INDIAN CURRANT

A stout shrub with thick leaves and numerous small flowers in axillary clusters;
these followed by small globular white berries. Along roadsides and edges of fields in
slightly moist places.

Altitude: 4,900 to 8,000 ft. Collections: near Boulder; South Boulder Creek;
Mouth of Gregory Canyon; Boulder County; “Boulder; between Sunshine and Ward”
(Rydberg).

Symphoricarpos oreophilus A. Gray. INDIAN CURRANT
Altitude: 7,500 to 10,000 ft. ‘“Eldora to Baltimore” (Rydberg).

Symphoricarpos vaccinoides Rydb. INDIAN CURRANT

A low shrub with small leaves, having somewhat the appearance of a huckleberry
bush. Steep slopes and rocky places.

Altitude: 7,000 to 10,000 ft. Collections: Sugarloaf; foot of Long’s Peak.

Viburnum lentago Linn. SWEET VIBURNUM

A small tree or shrub with ovate leaves, serrate margined; flowers in many-rayed
cymes; the black stone-fruits are sweet and edible.

Distribution probably rare and local, perhaps introduced. Collections: Bluebell
Canyon; “gulch south of Boulder” (Rydberg).

Viburnum pauciflorum Pylaie. HicH-BusH CRANBERRY
This is a straggling shrub with three-lobed ovate leaves and cymes of small flowers.
The red stone-fruits have an acid flavor with a fancied resemblance to that of cranberry.
Altitude: about 8,000 ft. Collection: Sugarloaf Mountain.

CARDUACEAE, TuistLE FAMILY
Chrysothamnus graveolens (Nutt.) Greene. RABBIT BUSH
A spreading shrub with long filiform leaves. In the spring of the year these plants
look like straggling bushy pines.
Altitude: probably from 4,g00 to 8,000 ft. Collections: “Boulder” (Rydberg).
Seen by the writer on the end of a mesa south of the Chautauqua grounds near Boulder.

;

VoLuME V NuMBER 2

THE
UNIVERSITY OF COLORADO

STUDIES

FRANCIS RAMALEY
EDITOR

PUBLISHED BY THE
UNIVERSITY OF COLORADO
BOULDER, COLO.

FEBRUARY, 1908

Price, 50 Cents

py
jae f

i Bi th

Heals
6

CONTENTS

Men HET ABE AMTON | BASE ilo: Nig Sug as Ved ARS ayia os lal ir Ray
Joun Burton Putts, Pa.D.

Professor of Economics and Sociology

THE RELATION OF THE ENGLISH CorPUS CHRISTI PLAY TO
THE MIDDLE ENGLIsH Religious Lyric. . ..... 85
GrorGE CorFrin Tavtor, PH.D.

Professor of English

ANNOTATED List OF NATURAL History WorKS ESPECIALLY
USEFUE ‘TO, ROCKY) MOUNTAIN STUDENTS) 0003003 0 2 ee

Junius HENDERSON
Curator of the Museum
ECOLOGICAL NOTES FROM NorRTH-CENTRAL COLORADO .. III
FRANCIS RAMALEY, PH.D.

Professor of Biology
and

W. W. Roseins, B.A.
BoTANy OF NORTHEASTERN LARIMER CouUNTY, COLORADO . 119

FRANcIS RAMALEY, PH.D.
Professor of Biology

THE HABITATION TAX?

By JoHN BuRTON PHILLIPS

Additional sources of public income are essential to modern efficient
government. This is due to the great demand for increased revenue,
and the need of a substitute for the general tax on personal property.
The growth of urban population has made necessary additional taxes.
A city government is more costly than governments of purely rural
communities with their freedom from sewer, water, lighting, and police
expenses. The increase of taxation that has to be borne by the city
dwellers falls primarily on property within the corporate limits. In
theory, all taxation in modern cities is levied on the real and personal
property therein, but in reality, the tax is very largely contributed by the
realty. It is well known that personal property everywhere does not
contribute its share of taxation. Hence, in the selection of new sources
of taxation, efforts should be made to relieve real estate as much as
possible from the undue proportion of taxation which it now bears by
securing from the owners of personalty the proportion of tax which they
ought in equity to pay. The complications in the present method of
assessing personal property render evasion easy and justice impossible.
The new methods should conform as nearly as possible to the established
principles of taxation. The more important of these principles are the
following:

1. A tax should be levied according to the ability of the taxpayers to
contribute. This principle is so obvious that it needs no discussion.
The other theories of taxation, such as benefit and sacrifice, seem to have
been largely abandoned, and ability accepted as the fundamental principle.

2. Again, a tax should be certain both as to its amount and payment.
The amount to be paid should be definitely known both to the taxpayer
and to everyone else in the same community.

t Paper read at the National Conference on State and Local Taxation, Columbus, Ohio, November
I2-15, 1907.

69

7° UNIVERSITY OF COLORADO STUDIES

3. A tax should be so contrived that its assessment and collection
may be made with a minimum of expense. Its levy should be simple,
requiring no detailed inquisition into the affairs of the taxpayer, as this
will tend to deprive it of public support by affording apparent justifica-
tion for its resistance.

These are the principal canons of taxation laid down by Adam Smith
and if carefully followed undoubtedly furnish the basis of an ideal
revenue system.

As a substitute for the tax on personal property the tax on rentals,
or “habitation tax” as it has been called, has been recommended as
conforming in large measure to the above principles. This is a tax
levied upon the occupiers of residences according to the rental value of
the places they occupy. In order to attain substantial justice, the rentals
of property below a certain amount are exempt from the tax. This
exemption is felt to be necessary because the smaller properties are now
bearing far more than their proportion of taxation, and again, a certain
amount must be expended for subsistence before any considerable
degree of tax-paying ability emerges. In the more recent proposals
of this tax it applies only to the rentals of buildings occupied as dwel-
lings. Business properties are exempt. It is felt that such buildings
are effectively reached by other kinds of taxes.

This tax is not proposed as a sufficient source of revenue. From a
financial point of view it is defective in elasticity, as are all taxes levied
at a flat rate upon property which does not vary greatly from year to
year. It is therefore necessary to provide in some of the other taxes
for the variations to be introduced as the fiscal needs change. This
should not be omitted, as an inelastic system of taxation by bringing in
a surplus of revenue in prosperous years may lead to extravagant under-
takings and unwarranted expenditures on the part of the legislators, and
it is wise to shield them from the temptations of an overflowing treasury.

The habitation tax is brought forward as a supplemental tax to serve
as a part of a general system. It is offered as a substitute for the tax
on personalty and it is believed to contain features that will make it
adaptable to modern conditions and various localities with a minimum
of friction.

THE HABITATION TAX 71

Theoretically, the income tax is regarded as approaching most nearly
to the principle of ability, and for a number of years this tax has been
expected to furnish the means of escape from the inequalities in the
taxation of general property. Increasing study of the abuses inherent
in the practical operation of the income tax in those countries where it
has become a settled part of the fiscal system has weakened the faith in
' the efficiency of this tax to reach considerable classes of personal property.
When the income tax is applied on the principle of stoppage at source—
taking the tax out of the dividends before they are paid to the stockholder
—it has proven successful. Its greatest defect is in the fact that it must
rely upon the declaration of the taxpayer as to the amount of his income
derived from investments in notes, mortgages, bonds, and other securities
to which the principle of stoppage at source cannot be applied. In the
ascertainment of this part of the income, the tax has become subject to
abuse. In so far as the income tax is successful, much the same result is
now obtained in some of the American states by the use of corporation
taxes. Thus, while the practical results of the income tax are secured
in the taxation of corporate property, the tax on rentals has been pro-
posed in the endeavor to reach that species of property not effectively
reached either by taxes on income or corporations.

The expenditure for house rent is generally some indication of the
occupant’s income. It is true it is not an absolute measure of income,
but in a general way, differences in rent tend to approximate dif-
frences in tax-paying ability. Normal persons are fond of material
comforts and luxuries, and an increase in income generally expresses
itself at once in larger and more elaborate homes. It is also claimed
that the habitation tax reaches funded income and taxes it at a higher
rate than income from services, such as the income of lawyers and physi-
cians.‘ In all schemes of income taxation an effort is made to make
this discrimination so as to avoid the hardship in taxing income derived
from service at the same rate as income derived from government bonds
or other permanent investments. The tax on rentals, it is said, reaches
income from investments and taxes it at a higher rate than income from
service because, in so far as the residence is the index of income, it is

t Leroy-BEAvLIEv, Traiié de la science des finances, Part I, Book II, chap. vii.

72 UNIVERSITY OF COLORADO STUDIES

likely to vary with the amount of wealth, and in consequence, those
persons having an income from investments in government bonds and
other securities, and with a reasonable assurance of its permanence, will
have more elaborate habitations than those obliged to secure an income
from their personal services, for the latter will of necessity feel them-
selves obliged to save a part of their earnings. Hence, they will not
be able to spend so much on a habitation. Thus, it seems, the tax on
rentals taxes the income derived from invested funds at a higher rate than
that derived from service and so conforms to the ideal scheme of an
income tax.

In the French cities where the tax on rentals is in operation, a pro-
gressive scale has been adopted. ‘The houses are classified according to
their rental value. As a rule those with a rental below soo francs are
exempt. The rates on the other classes vary from year to year according
to the fiscal needs of the community.?

In defense of this progression it is said that the lower in the social
scale you go the higher is the proportion house rent bears to the total
expense or income. The poor spend a much larger proportion than the
rich for the rent of their homes. It has been claimed that a progressive
rate of taxation on rentals would counterbalance the decreasing propor-
tion rent bears to the total expense. While there is truth in this, it
should be remembered that expenditure is only an approximate measure
of a man’s income or ability to pay taxes. In a country like the United
States where the democratic ideal is strongly emphasized, the amount
of rent paid is a more uncertain index of income than in countries where
social classes are more sharply defined. This is especially true of the
middle and lower middle classes. However, this objection to the pro-
gressive feature becomes less serious if the rental exempted from taxation
is reasonably large.

«In the year 1890 the following rates prevailed:
Rentals to soo francs . . . . . ~ 6 per cent.

; 9 609 ki Qo smeseiae Ths 3 per any
Re es cpa 2 ae Cayetano aie ; per =
Bf 4 OD) [ies 3D a),\ vor hke. 0) aids) Ome oar
7 net QOD) ye oe ikal) Signet os Vie. ReCPMnes ICeTCs

1,000 ry ear) ae I1.74 per cent.

Big Say, Dictionnaire des finances, Vol. II, p. 854 (given in SELicman, Progressive Taxation,
Pp. 56).

THE HABITATION TAX 73

The two principal criticisms of the habitation tax are the following:
first, it would not reach the rich bachelor who as a rule does not maintain
an expensive residence; second, it would tend to put an additional
burden on persons with large families.

It is true this tax would not reach rich bachelors in the same degree
as persons of family. A bachelor may be a boarder in the family of a
much poorer individual whose rent is large enough to render him liable
to the habitation tax. Probably the best method of meeting cases of
this kind is to rely upon the inheritance tax. On the assumption that
those not reached by the habitation tax are enabled to accumulate more
wealth, the death duty will make up for the loss by the tax on rentals.
As to the second objection, a scale might be adopted by which the size
of the family would be taken into consideration and the rate of taxation
adjusted in such a manner as to give the heads of the larger families the
benefit, and place an additional burden upon those smaller households
desiring to maintain expensive establishments. It would not be difficult
to lower the rate of taxation somewhat in cases in which the family exceeds
a certain number, or to exempt such families altogether. In Tasmania a
reduction is made for each child. In this way the most serious objection
to the habitation tax might be removed.

One of the latest proposals of this tax is that in the minority report of
the New York Special Tax Commission of 1906. This recommends that
the personal property tax be abolished and the tax on rentals substituted.
It proposes to levy the tax at a graduated rate. The sum to be deducted
from the total rent before the tax was to be imposed varies according to
the size of the cities: In cities of the first class (250,000 inhabitants or
more), $600; in cities of the second class (50,000 to 250,000 inhabi-
tants), $400; in cities of the third class (under 50,000 inhabitants) and in
incorporated villages, $200; in towns and unincorporated villages $100.*
This variation in the amount of exemption is an attempt on the part of
the committee to adjust the tax in some degree to the differences in
rents which exist in the different cities of the state. Rents are higher
in New York City and Buffalo than in the other cities and smaller
towns.

t Report of New York Special Tax Commission, 1906, p. 172.

74 UNIVERSITY OF COLORADO STUDIES

The rates of taxation recommended by the New York commission
are interesting as showing the graduation. They are as follows:?

Rental Rate of Taxation
$2,000 or less 3 per cent.
$2,000 to $5,000 5 per cent. on excess above $2,000
$5,000 to $10,000 Io per cent. on excess above $5,000
$10,000 to $20,000 I5 per cent. on excess above $10,000
$20,000 and over 20 per cent. on excess above $20,000

A habitation is defined as a building or part of a building used as a
place of abode by one or more persons forming a single household and
such other buildings in connection therewith as are used for the purpose
of residence, but not such buildings or parts of buildings used for business
purposes. Different parts of buildings, rooms or suites of rooms in
hotels serving as places of abode for guests or lodgers having no house-
holds, are considered as habitations for the purpose of taxation. ‘“‘Occu-
pant” is defined as a person who as head of a household occupies a place
of abode within the meaning of this article for a period of three months
of the preceding year, either for himself or for his family or dependents
or boarders or lodgers. The liability to the tax after a three months’
occupation is designed to reach that considerable class of persons which
possesses residences in the summer and winter resorts of the country.

The New York commissioners in recommending the tax on rentals
did not urge its adoption as a law applying to the entire state, regardless
of the desires of the local units. The bill which they propose provides
that the board of supervisors of any county or the common council of
any city may exempt from taxation the personal property within the limits
of such county or city and substitute the tax on habitations. ‘This is the
local-option feature and is considered wise, as it is possible that many of
the local units in which wealth is more evenly distributed would prefer
to continue the assessment of personal property by the general property
tax. The general property tax on personalty is not the failure in the
rural districts that it has become elsewhere.

The local-option feature of the proposed law is especially wise in the
present state of public opinion. It is most unlikely that any legislative
body will soon adopt what seems so radical a form of taxation if it is:
to apply at once to the entire state. If, however, the bill has the local-

t Report of New York Special Tax Commission, 1906, p. 172.

THE HABITATION TAX 75

option feature and will not go into operation anywhere until it has been
adopted by the local legislative body, it is quite possible that the state
legislature might much more easily be induced to consider it. This
was the manner in which the tax was introduced in Montreal. The
charter made the tax permissive, and the council decided to adopt it.*
Altogether, the proposed habitation tax as recommended by the minority
of the New York commission represents perhaps the most scientific
development of the idea of this kind of taxation. The commissioners
deserve great credit for the skill with which they have worked out and
presented their plan.

One of the great advantages of this kind of taxation is the large
increase in revenue that could easily be made to follow its adoption.
The anticipated increase in revenue is set forth by a table in the report
of the minority of the New York Special Tax Commission of 1906.
This table is made up of actual figures taken from the assessors’ rolls
and shows the increase in revenue that might be secured. In the table
the rental is estimated at 8 per cent. of the assessed value of the premises.’

esoieaen qromonal |S ghd'Bedlding)| ‘Personalty’ | T@xtnder New Law
HAS Soars Aah a eike $300,000 $1,600,000 $4,436 $22,792
13). ue NRE ere vere 150,000 2,745,000 2,218 40,112
CEE vey Rejekcvete ate abet I00,000 I, 200,000 1,478 17,392
1D Ra Ase ANAS bae 50,000 765,000 739 10,442
es eis cents ass 50,000 490,000 739 6,032
DY seats aveiecote-siereye.s.* 100,000 590,000 1,478 75532
Gora aeiecttacth? 1,000,000 3,000,000 14,780 40,192

From this table it is clear that these wealthy taxpayers would pay by
this tax from three to twenty times the amount they are now paying in
personal taxes. The wealthy resident whose intangible personal
property now so largely escapes taxation would be reached and the
exemption of the lower rentals from the tax would relieve the tenement-
house population and also the large class of persons whose rents are so
considerable a part of their expenses of living. At the same time the
revenue derived would greatly exceed that which is now yielded by the
tax on personalty.

“Charter of the City of Montreal (1899),” Article 363.—Quebec, 62 Victoria, chap. 58.
2 Report of New York Special Tax Commission, 1906, PP. 53 54-

76 UNIVERSITY OF COLORADO STUDIES

Another advantage of the habitation tax as a tax on income not reached
by the corporation taxes is that it will fall on those most able to bear
it who now in great measure evade the general tax on personal
property. It has been shown that the tax upon the rental value of property
cannot be shifted, but falls upon the occupier alone, save under excep-
tional conditions... Thus this tax on rentals would reach the class
desired to be reached and would have to be borne by them alone, namely,
the class occupying the more expensive kinds of dwellings. As the
tax falls upon the person paying the rent, it cannot be said to be an
additional burden placed upon real estate. In those cases in which
the owner is also the occupier the tax may be regarded as a tax on the
funded income of those not reached by other taxes. The general effect
would then be to lessen the tax burden now levied on real estate.

One of the greatest problems of modern finance is to lighten the burden
of local real-estate taxation. Owing to the evasions of the personalty
owners and their escape from the assessor, the tax needed for local
purposes, and in most states, state revenues as well, has to be levied very
largely on the owners of real estate. ‘The increased demand for urban
residential property enables these owners to shift a large amount of the
tax to the tenants and, hence, the high rents. In so far as the habitation
tax as recommended by the minority of the New York commission might
be made to produce a considerable revenue for local purposes, it is
inevitable that the tax on real property would be lessened and in conse-
quence rents would fall. The social and industrial advantages of a
change of this kind would be very great, since rent is so important a
factor in increasing the congestion of population.

The habitation tax conforms in a high degree to the principle of
certainty that has already been laid down. If a person does not change
his residence and if the rate of tax on rentals is not changed from year to
year, each taxpayer in the community knows what his tax will be and
also what the amount is that each of his neighbors will have to pay, as
the rent of buildings is usually fairly well known.

At the present time much of the lack of interest in the problems of
taxation and the consequent slowness of reform in this kind of legislation

t SELIGMAN, On the Shifting and Incidence of Taxation, p. 127.

THE HABITATION TAX rhe |

are due to the utter ignorance of the citizens of the local units as to the
amount of tax which their neighbors pay. Save in the rural districts,
few taxpayers know what the assessment is of the property adjoining
their own, and they are much less likely to know the amount of personalty
assessed to the citizens of theircommunity. Publication of the assessors’
rolls in the newspapers would certainly quicken interest in questions of
taxation, whatever might be the other results.*

There are two reasons why the habitation tax would not cause much
friction in its operation. One is the ease with which it might be assessed
and the accompanying impossibility of deception, and the other is the
absence of anything in the nature of an inquisition into the affairs of
the taxpayers. ‘These are advantages of no slight importance.

In placing a tax on rentals it is only necessary to know the amount
of the rental, and this is more or less common knowledge in the entire
neighborhood. If it is not, it is very easy to ascertain. The modifica-
tions of the tax that have been suggested, as in the case of the change of
the rate for bachelors and for families with numerous children, are also
changes that are dependent upon certain well-known or at least easily
discovered facts. Hence in the assessment of this tax there would be
scant opportunity for deception or collusion, and no one could find fault
with the amount levied upon his neighbor.

One of the very great advantages of this tax is that it does away with
the necessity of inquiring into the affairs of the taxpayers and securing
affidavits from them. In America one of the government acts most
resisted is the investigation of a person’s private affairs. The absence of
social classes and the teachings of more than a hundred years of democ-
racy have developed a strong desire in our citizens to keep to themselves
their own financial standing. Therefore, when the assessor demands
from the taxpayer an inventory of his wealth, he is frequently met with
a refusal or is given a statement far from the truth. The feeling that
each person has the right to resist inquisition even on the part of the
government is one of the chief reasons for the partial failure of the income
tax in the older countries of the world and for its much more complete

t Publication of the assessors’ rolls is now required by law in Nevada, Rhode Island, and those parts
of Illinois where the country system prevails. It is done locally to some extent in Deleware and New Hamp-
shire.

78 UNIVERSITY OF COLORADO STUDIES

failure in the United States. This is meant to apply to the part of the
income that is determined by the statements made by the taxpayer in
his declaration. The tax on rentals is therefore in harmony with the
feeling of resentment against any inquisition into one’s financial ability
and would accordingly eliminate much of the friction now characteristic
of the fiscal system.

It has been assumed that as a general principle taxes on consumption
are bad and this is perhaps true enough to make it a rule that such
taxes should not be levied oftener than necessary. Other sources of
revenue should be found whenever possible. However, consumption
when thought of in this connection is assumed to mean consumption
necessary to guarantee the welfare of the community. This was the kind
of consumption in vogue when the earlier works on taxation were written
and when therefore the principle above mentioned gained general
acceptance. With the great increase of wealth in the past half-century,
however, and the keener competition among social classes, it seems that
consumption has become a thing which it is not safe to use in judging
the necessities of the people. It does not indicate expenditure for social
welfare but tends rather in many instances to show a desire to consume
conspicuously and wastefully. Large classes in the community main-
tain great establishments not for the sake of necessity but primarily
for the sake of the social standing the maintenance of these households
gives them. The sense of fitness conforms in considerable degree to
the principle of conspicuous waste. In so far as this is true, the criticism
of the habitation tax as a tax on consumption loses much of its force.

It is, perhaps, going too far to accept Wagner’s theory that taxation
is a certain socio-political instrument to be used for the conscious
improvement of society.‘ Yet it would seem that if the government
is justified in levying some regulative taxes, such as those on certain
‘vices, for the sake of control and repression, it is not doing violence
to the imagination to think that wasteful consumption for the sake of
display might possibly be considered as somewhat akin and properly
subject to taxation. The tax on expensive habitations might have
certain sociological results. In so far as its imposition would tend to

t WacneER, Finanzwissenschaft, Vol. I, § 27.

THE HABITATION TAX 79

check wasteful display in the maintenance of great establishments, it
would tend to eliminate a conspicuous form of invidious comparison
which at the present time is one of the chief factors determining men to
erect immense habitations. A beautiful and expensive residence is a
standing witness of the owner’s ability to pay, and it at the same time
clearly proclaims him in a different class from most of those who
view it.

Again, in so far as the habitation tax would tend to reduce the number
of magnificent residences, it would have the effect of decreasing the
value of real estate and in this event a social gain would accrue to the
modern city. The huge private parks surrounding so many of the fine
residences in our cities might tend slightly to diminish in size and in
this way more of the working-class might have homes in other places
than the congested sections where they now reside.

If then the tax on habitations can be so arranged that it will not
interfere with the amount of money that must be spent in order to secure
for the people their actual welfare, but will only bear on that part of the
expenditure which is unnecessary to the well-being of the community,
the objections to it as a tax on consumption will in some degree be
removed. If the exempted minimum rental is properly adjusted, there
can be no serious complaint that such a tax will fall unjustly as a con-
sumption tax upon those least able to bear it.

HISTORY OF THE HABITATION TAX

The tax on the rental values of property is not new. It had its begin-
ning in the action of the Constituent Assembly of France in the year 1791.
This assembly erected upon the ruins of the French monarchy sought
to construct a new fiscal system that would eliminate the obnoxious
features that had been so characteristic of the monarchy preceding.
Of these one of the worst was the inquisition into the affairs of the
citizens. In seeking, therefore, for new objects of taxation, and also
such as would require no inquisition, the members of the assembly
resorted to the tax on rentals. Since that time this tax has prevailed
in France, though its strict theory is not carried out in all departments.
In a number the tax is assessed upon the ability of the citizen to con-

80 UNIVERSITY OF COLORADO STUDIES

tribute, and this ability is determined by the amount of his rent and also
certain other evidences of financial standing.

In 1887 an attempt was made to modify the tax on rentals by increas-
ing the progressive feature so as to enlarge the contribution in proportion
to the amount of the rental; but although brought forward as a govern-
ment measure, the bill was defeated. The scheme was ingeniously
worked out by Dr. Koenig, and although failing to become a law served
to attract the attention of students to the possibilities of this tax.*

The tax on rentals has been in force for a number of years in some
of the German cities, among them Berlin, Frankfort, Dresden, and
Strassburg. The proportion of the total revenue furnished by the tax
is shown by the following table.?

Percentage of

Cities All Taxes
IB ODUM (SDA ercvare ore Stats telete ae sc ence een 37.24
Brankfortischisteigees Gers sehen aoe 19.52
DDRESCEMS bic inte nieidis einen aioe Ric tural ie wis oat 220r
SiPAssDURBES Boxter se sevchs loins orets letciatstotete 2.81

The habitation tax has existed in Montreal for a number of years
but not in the form of a tax on the rentals of residences. It is a business
tax, and applies only to the rentals of buildings used for business purposes.
The tax is levied at a flat rate of 74 per cent. on the rentals of all business
property which exceed $30 a year. There is no personalty or income
tax in Montreal, the entire revenue of the city being raised by the tax
on real property and on business rentals with the exception of a few
special taxes on banks, insurance companies and financial institutions,
and the licenses of horses, dogs, peddlers, woodyards, etc. In 1906 the
proportion of the total revenue contributed by the business tax on rentals
was $390,548—approximately 9 per cent. The officials look upon
the tax with favor.

The tax on rentals has been in force in Tasmania for some time.
There it is not assessed directly on the rental but on a sum called the
taxable amount, and this sum is determined by multiplying the annual

t Dr. Gustave Konic, Un nouvel impét sur la revenu: Mémoire qui a inspiré le projet du gouverne-
ment relatif 4 la reforme de la contribution personelle mobiliére. Paris, Guillaumin, 1887; quoted by SELIG-
MAN, Essays in Taxation, pp. 371, 372.

2 SELIGMAN, op. cit., p. 336.
3 Report of the Auditor of Montreal, 1906, pp. 112, 113+

THE HABITATION TAX 81

value by various numbers ranging from two and one-half to ten. The
size of the rental determines the number to be used in the multiplication.
There are three methods of computing the taxable amount according
as the property is used for the following purposes: First, residential,
or partly residential and partly professional; second, partly residential
and partly business; third, lodging.

The taxable amount is highest for the first class, those who occupy
buildings as residences wholly or partly as residences and partly for
professional purposes; it is lowest for the second class, those who live
in the same building where their business is carried on.

To get the taxable amount for persons in the first class, rentals
under £30 are multiplied by five. As the rental increases larger multi-
pliers are used. Rentals of £1,000 and over are multiplied by ten.
Similar methods are employed to ascertain the taxable amount in
the other two classes, only smaller multipliers are used. The taxable
amount thus obtained represents a certain graduation. The tax is
then levied at a progressive rate on the taxable amount. The follow-
ing schedule gives an idea of the progression:"

When the Taxable Amount The Tax is
Is under £60 2s. 6d.

£60 and under £100 1d. in the pound
£100 and under £115 2d. in the pound
#115 and under £150 3d. in the pound
#150 and under £400 4d. in the pound
£400 and over 4d. in the pound for the 1st £400 and 6d. for every pound

in excess.

A deduction of £30 sterling is made from the taxable amount before
levying the tax in cases where the taxable amount is £60 or over, and a
further reduction of £10 for each child under seventeen years of age
residing with and dependent upon the taxpayer when the taxable amount
is under £100, providing such further reduction is claimed by the tax-
payer within 30 days of the time when the tax is payable. This provi-
sion is an attempt to prevent the tax from bearing unjustly upon persons
with larger families.

The tax on rentals was recommended to the legislature as a substitute
for the general tax on personalty by the New York Tax Commission of
1871. That commission recommended it as a “building occupancy

x“*Tasmania,” 4 Edward VII, 1904, chapter 17, Part II.

82 UNIVERSITY OF COLORADO STUDIES

tax,’”’ to be levied as an additional assessment on a sum equal to three
times the annual rent or rental value of all the buildings on the land.*

In the supplementary report of Professor R. T. Ely to the Report
of the Maryland Tax Commission of 1888, a tax on the rental values of
places of business was proposed as a substitute for the general tax on
personal property.”

In 1897, the Massachusetts Tax Commission recommended that
this tax and the tax on inheritances be substituted for the tax on intangible
personal property. The recommendation is supported by several pages
of argument.

According to this scheme, the minimum rental to be exempt from
taxation was fixed at $400 a year. All rentals of $400 and over were
to be taxed at 10 per cent. on the excess of $400. In every case the
sum of $400 was to be subtracted from the total amount of rent paid.
Thus, a person occupying a house whose rental value was $500 a year
would pay a tax of $10, this being 10 per cent. of the excess of rental
over $400. When the rent was $600, the tax would be $20; when the
rent was $800, the tax would be $40; $1,200, $80, and so on. This
tax as proposed by the commission was to be levied upon the occupier of
a dwelling and of a dwelling only. Houses or parts of houses that were
used for business purposes were in no way to be affected by the tax.
It was felt by the commission that houses used in business are sufficiently
reached by the tax on real property and by the corporation taxes, so
that the attempt to tax them again would expose the taxing authorities
to the charge of double taxation, and also cause an undue resistance to
the new legislation recommended.

t Report of New York Tax Commission, 1871, p. 107.
2 Report of Maryland Tax Commission, 1888.

3 Report of Massachusetts Tax Commission, 1897, p. 207. In rejecting the report of the Massachusetts
Tax Commission, the House Committee of the General Court said: ‘‘The proposed habitation tax cannot,
on the whole, be commended as based on a reasonably good criterion of a man’s income, because so many
other things than a man’s income determine the house he livesin..... Even with an earnest desire to avoid
hypercritical objections to the carefully thought out schemes proposed in the commissioners’ report, anyone
who stops and for a moment considers the.neighbors in his own street or block will see at once how poor a
test the rental value of the different houses is of the comparative wealth of the occupiers. The professional
man with a large family will often be found occupying as good a house as the childless millionaire. As a single
test, the house rental scheme would inevitably prove not only misleading but often oppressive; and the con-
clusions based upon it would not be nearly so accurate as those arrived at by the average assessor under the
present system, which takes into account not only the house but the whole scale of living of the tax-payer
as well as his reputed resources.” —Report of the Industrial Commission, Vol. XIX, p. 1052.

THE HABITATION TAX 83

The latest recommendation is that of the minority of the New York
Tax Commission who in 1906 recommended the tax on rentals as a
substitute for the general tax on personalty in that state and devoted
considerable space to setting forth their plan which has been explained
above. It is clear that the tax on rentals is in line with the trend of
thought concerning a rational system of taxation.

bt a — ni
y.. i vit at on

}
*

ia or he pik hi tt JH }
‘L yw ,)
Le, Pe TAL

THE RELATION OF THE ENGLISH CORPUS
CHRISTI PEAY) FO: "THE: MIDDEE
ENGLISH RELIGIOUS LYRIC:

By GEORGE CoFFIN TAYLOR?

The historians of the English drama, in seeking to record its origin
and development, have almost without exception failed to take notice
of the Middle English religious lyric in its relation to the Corpus
Christi plays. An occasional note, made at random from time to time,
indicates, it is true, that certain writers have been aware that a relation
of some sort exists between these two forms of Middle English literature. .
These notes, however, have for the most part concerned themselves
with calling attention to very slight, though interesting, parallels. It is
with such similarities, for example, that the observations of Wright,’
Hone,* Courthope,’ E. Mall® and W. A. Craigie? have had to do.
Davidson,® moreover, and Chambers? have taken notice in a very general
fashion of the fact that the plays are very considerably indebted to the
great body of devotional poetry of the day; while Cook?® has called
attention to the frequent occurrence of the Testament of Christ in Middle
English literature.

One specific type of the mediaeval religious lyric, the Planctus
Mariae, has for many years attracted considerable attention among
European scholars and its relation to the rama has been fairly clearly

t Reprinted from Modern Philology, Vol. V, pp. 1-16. 1907.

2 For kindly aid and valuable suggestions, I wish to thank Professor Karl Pietsch, Professor Philip S,
Allen and Miss Ethel P. Waxham.

3 The Chester Plays, Vol. II, p. 204 (Shakspere Society, Vol. I).
4 Ancient Mysteries Described, pp. go ff.
s History of English Poetry, Vol. 1, pp. 413 ff.
6 The Harrowing of Hell.
1 An English Miscellany, pp. 52 ff.
8 Studies in the English Mystery Plays, p. 170.
9 The Mediaeval Stage, Vol. II, pp. 145 ff.
10 The Christ of Cynewulf, pp. 207 ff.
85

86 UNIVERSITY OF COLORADO STUDIES

determined.* The other numerous lyric types, most of which like the
planctus seem to have had their origin in the Latin,? and some of which,
like the planctus, have spread through Europe, have been, so far as I
can learn, almost entirely ignored. ‘Taken collectively, these forms
doubtless contributed far more extensively to the growth of the cyclic
plays in Europe than did the planctus, and one of these types alone, The
Testament of Christ or The Complaint of Christ to his People, probably
had an effect, all but as important as that of the planctus itself, on the
growth and expansion of the passion-play.

It was at the suggestion of Professor Manly that I began several
years ago to investigate the relation of the general body of lyric poetry
in Middle English to the Corpus Christi plays. The field proved fertile.
Indeed, so numerous are the types of the lyric which have contributed to
the formation of the Corpus Christi plays, and so numerous are the
examples which go to make up certain of these types,3 that I found it
necessary for the time being to limit the thoroughgoing investigation to
one special type, the Planctus Mariae.4 From a general survey of the
field, however, I have been able to arrive at results certain and definite
enough to warrant some sort of a statement, and this paper will have
attained its object if it succeeds in putting forward some of the more
important of the types of the Middle English religious lyric upon
which the writers and compilers of the miracle-plays have drawn
most freely and extensively.

It will be unnecessary to enter here into an elaborate discussion of
the meaning of the term “lyric;” but inasmuch as many of the poems
to which reference will be made are not lyrical in any ordinary modern
sense, it may be well to say that I have classed as lyric any verse which
either in metrical form or in emotional motive seemed in any sense to

belong to the lyric categories. I have listed many prayers which are

For references, see ‘‘The English Planctus Mariae,’’ Modern Philology, Vol. IV, pp. 605 ff. A thesis
by Thien, Ueber die englischen Marienklagen, was published several months before my article on the Planctus
appeared. My article, which had been in the hands of the editors of Modern Philology for almost two years,
was being printed when I secured a copy of Thien’s thesis.

2 Unfortunately, during the last few months, Amalecta hymnica (Dreves) has been inaccessible to me.
It doubtless contains many other Latin prototypes of the Middle English lyrics than those which I cite in
this paper.

3 The Testament of Christ and The Hail Mary.

4 See “The English Planctus Mariae,” Modern Philology, Vol. IV, pp. 605 ff.

THE MIDDLE ENGLISH RELIGIOUS LYRIC 87

very slightly lyrical, if lyrical at all in any sense, and very occasionally
I have paused to comment incidentally upon didacite types such as ties
Ten Commandments.

Perhaps the non-dramatic type most frequently incorporated into the
plays is the general prayer addressed, as the occasion may serve, to God
the Father, Christ the Son and very frequently also to the Virgin Mary.
There are thousands of these prayers to be found in the devotional
poetry of the day, and hundreds in the plays.? It is fairly certain that
many of these were taken over as ready-made lyrics by the play-writers
and adapted to dramatic purposes. Thus the celebrated mediaeval
Latin hymn, Veni creator, spiritus,? seems to have been taken over
bodily by Chester in The Emission of the Holy Ghost,3 and probably
has escaped notice up to the time, mainly because it is so abominably
translated.4 Of the prayers to Christ’ two types especially have exerted
a very marked and definite influence upon the drama. Of both types
there are scores in Middle English literature. The one is the prayer
of a repentant sinner, lamenting his past offenses;° the other consists

of that class of prayers in which the sufferings and bodily wounds of

* Chester Plays (ed. Thomas Wright, Shaks. Soc., Vol. I), Vol. I, pp. 97, 162; Vol. II, pp. 159, 160,
179; York Mystery Plays (ed. Miss Lucy Toulmin Smith), pp. 3, 36, 61, 100, 108, 433; The Towneley Plays
(ed. A. W. Pollard, EETS), pp. 3, 23, 40, 99, 195; Coventry Mysteries (ed. J. O. Halliwell, Shaks. Soc., Vol.
ID), pp. 40, 49, 57, 104, 380. For examples of prayers of a somewhat similar nature, see Minor Poems of the
Vernon MS (EETS), Vol. I, pp. 26, 145, 149, 355; An Old English Miscellany (EETS), p. 100; Religious
Pieces (EETS), p. 59; Eng. Stud., Vol. IX, p. 49; Anglia, Vol. I, p. 67; Specimens of Lyric Poetry (Percy
Soc., Vol. IV), p. 49; Richard Rolle of Hampole (ed. Horstmann, ‘‘ Yorkshire Writers”), Vol. I, pp. 363 ff.;
Bannatyne MS (pr. for the Hunterian Club), Vol. I, pp. 84, 107.

2 See Das deutsche Kirchenlied (Wackernagel), Vol. I, p. 75. See further, Minor Poems of V. MS, Vol. I,
Pp. 43; Hymni Latini (Mone), Vol. I, pp. 241 ff.

3 Chester, Vol. II, pp. 127 ff. In the Hegge Mary’s Betrothment (p. 93), the stage directions order the
singing of this hymn, but the existing text does not contain it. In the York Descent of the Holy Spirit (p. 469)
we are told that the angels sang this hymn to Mary.

4 See for dramatic customs in connection with the hymn, Chambers, The Med. Stage, Vol. II, p. 66.
See for parallels, Appendix of the present discussion, pp. 16 f.; anyone who may desire to verify the parallels
may consult the Appendix to the present article published by me in Modern Philolog’y, Vol. V, pp. 16 ff. 1907.

5 Chester, Vol. II, pp. 99, tox ff.; York, pp. 177, 212, 368, 424 ff., 504; Town., pp. 325 ff., 340 ff.; Cov.,
Pp. 223, 356, 403. For prayers to Christ of various kinds, see Minor Poems of the V. MS, Vol. I, pp. 37, 45,
48, 131 ff., 154, 332; Vol. Il, 440, 451, 464 ff.; Richard Rolle of Hampole (‘‘ Yorkshire Writers ’’), Vol. I, pp.
72 ff., 363 ff.; William of Shoreham (EETS), pp. 79 ff., Gude and Godlie Ballatis (Scot. T. Soc.), pp. 21, 24,
62, 64, 73 ff.; The Poems of Dunbar, Vol. II (Scot. T. Soc.), p. 65; Political, Religious, and Love Poems, re-ed
Furnivall (EETS), pp. 123 ff.; Anglia, Vol. V, Anzeiger, p. 119; Vol. XII, p. 595; Eng. Stud., Vol. VIII
pp. 255 ff.; Vol. X, pp. 232 ff.; Herrigs Archiv, Vol. XCVIII, p. 120.

6 Chester, Vol. II, pp. 6, 180 ff., 192 ff.; York, pp. 30 ff., 30, 138, 174, 311; Town., pp. 343, 351 ff.;
Minor Poems of the V. MS, Vol. I, pp. 48 ff.; Vol. II, pp. 606, 785 ff.; Rich. R. of Hampole, Vol. I, pp. 74 ff.,
368 ff.; Polit., Relig. and Love Poems, pp. 123 ff.; Hymns to V. and C. (EETS), pp. 95 ff.; Reliquiae Antiquae,

88 UNIVERSITY OF COLORADO STUDIES

Jesus are recounted in detail as cause for lamentation.’ No single
motive in the devotional poetry of the day seems to have been turned
to literary uses so frequently and no motive enables the writers of the
time to rise to more fervid and more moving heights of lyric poetry. It
would seem that this motive has been taken over from the Testament
of Christ poems, which will be considered at some length below. An
exceptionally conventional form of these lyrical prayers is characterized
both in the plays and in the independent lyrics by the initial phrase
“When I think.’ Another very conventional passage which occurs in
these prayers to Jesus and has made its way from the lyric over to the
drama is characterized by the constant repetition of the phrase “ Mercy
Jesus.’’3

Perhaps the most highly conventional of all the conventional forms
of address to Christ is the Hail Jesus, a prayer in which oftentimes
almost every line begins with this formula, followed by synonyms indi-
cating in a fashion the different qualities and characteristics of the Savior.
There are numerous examples of this form in the drama; it appears
most frequently in the Christmas plays and constitutes a very large
portion of the body of the play in Chester, York and Towneley.* It

Vol. I, pp. 261 ff.; Vol. II, pp. r19 ff., 190 ff., 226; Anglia, Vol. XXVI, pp. 157, 160. The cries of lost souls
who are being carried away to hell might very well be considered in connection with the prayers of the repentant
sinners, but more fittingly deserve consideration in connection with the many lyrical poems which have found
their way into the judgment-plays, which I consider below.

: In the plays these lyrics in the majority of cases are characterized by some one of the stanzas or lines
beginning with the word ‘‘Alas!’’ Sometimes also this is the case with the independent lyrics. See further,
Chester, Vol. II, pp. 53, 95, 101; York, pp. 260, 341 ff., 406 ff., 410, 421 ff., 456, 480ff.; Town., pp. 277, 316 fi.
325 ff., 358; Cov., pp. 316, 331, 355 ff., 360; Minor Poems of the V. MS, Vol.1, pp. 20, 37, 47, 302, 384,
404, 425 ff.; Vol. II, pp. 452 ff., 471 ff.; Legends of the Holy Rood (EETS), pp. 150, 194 ff., 217 ff., 222; Rich.
R. of Hampole, Vol. I, pp. 76 ff., 369 ff.; William of Shoreham’s Poems (EETS), pp. 79 ff.; Spec. of Lyric
Poetry (Percy Soc., Vol. IV), pp. 62 ff., 83, 86, x11 ff.; Eng. Stud., Vol. VI, pp. 454, 468; Vol. IX, p. 453
Anglia, Vol. XII, pp. 505 ff.; Vol. XXVI, pp. 263 ff.; An Old Eng. Misc., pp. 38, 140, 197; The Bann. MS,
Vol. I, pp. 77, 85, 90, 103, 106. Especially interesting is the passage of this kind to be found in The Lamen-
tation of Mary Magdalene (ed. Bertha M. Skeat), as the same kind of passage is so frequently put into her
mouth in the miracle-plays. See further Hymni Latini (Mone), Vol. I, pp. 121 ff., 131 ff., 302 ff.

2 York, p. 452, 1. 116; Town., pp. 316, 327, 328; Spec. of Lyric Poetry (Percy Soc., Vol. IV), p. 83,
Rich. R. of Hampole, Vol. 1, p. 78; Hymni Latini (Mone), Vol. I, pp. 415 ff. For parallels, see Appendix,
pp. 17 f.

3 York, pp. 424, 480; Town., p. 351; Herrigs Archiv, Vol. CVI, pp. 60f. For parallel passages, see
Appendix, pp. 29 f.

4 Chester, Vol. I, pp. 104 ff., 167 ff.; York, pp. 114 ff., 135 ff., 216 ff., 444 ff.; Town., pp. 114 ff., 130 ff.,
157 ff.; Cov., pp. 158 ff., 168 ff. See also Rich. R. of Hampole, Vol. I, pp. 78 ff.; Minor Poems of the V. MS,
Vol. I, pp. 24 ff.; Lydgate’s Nightingale and Other Poems (ed. Glauning, EETS), pp. 26 ff.; The Bann.
MS, Vol. I, pp. 72 ff., 84 ff. See further, Hymni Latini (Mone), Vol. I, pp. 156 ff. See Appendix, p. 18.

THE MIDDLE ENGLISH RELIGIOUS LYRIC 89

may possibly not be amiss to consider as variations of the above lyrical
form the Welcome and Farewell lyrics sometimes addressed to Jesus,
sometimes to Mary, in which “ Welcome” or “‘ Farewell” are substituted
for “ Hail;” they seem to be modeled throughout upon the Hai poems.*
Very similar in form and general treatment to the Hail Jesus is the Hail
Mary.? Serving about the same purpose in the plays is the prayer
which begins with “Come” instead of “Hail,” and which very probably
belongs to the class of Latin lyrics represented by Veni praecelsa domina.*
The Hail lyrics and their variations may all have been the development
of one line in the annunciation-lyrics, spoken by Gabriel, “Hail Mary.”
Of the general prayers and hymns to Mary there are in the poetry of the
day thousands,” and in the drama some few.’ It is especially interesting
to find, however, that two of the most highly conventionalized of all the
hymns to Mary have worked their way into the plays. The one is the

= The Welcome lyrics are to be found in Chester, Vol. I, pp. 194 ff.; Vol. II, pp. 2 ff.; York, pp. 443,
480; Cov., pp. 176, 347; The Pageant of the Shearmen and Taylors (Manly, Pre-S. Dr.), ll. 609 ff. See
also for this form of address applied to persons other than Christ, The Digby Plays (ed. Furnivall, EETS),
pp. 18, 128. They are to be found as independent lyrics in The Minor Poems of Lydgate (Percy Soc., Vol. II),
p. 10; Christmas Carols (Percy Soc., Vol. IV), pp. 4, 53, 57; Songs and Carols (Percy Soc., Vol. XXIII),
p. 43; The Bann. MS, Vol.I, p. 255. The specimen printed in Percy Soc., Vol. XXIII, p. 43, suggests that
this class of lyrics may have had its origin in some of the pagan Germanic folk-customs.

The Farewell lyrics are to be found in Chester, Vol. I, p. 171; York, pp. 447, 4873 Town., p. 2033
Cov., pp. 102, 143, 160, 347. See The Lamentation of Mary Magdalene, ed. Bertha M. Skeat. See also
Songs and Carols (Percy Soc., Vol. XXIII), p. 57, and The Bann. MS, Vol. II, pp. 645 ff., where it is used
as a form of address to others than Christ. See for parallel passages, Appendix, pp. ro ff.

2 York, pp. 473, 484 ff., 492; Cov., pp. 176, 387, 380, 301; Minor Poems of the V. MS, Vol. I, pp. 49 ff.,
121 ff.; Polit., Relig. and Love Poems (1st ed., EETS), pp. 81 ff., 145 ff., 174 ff.; Wm. of Shoreham (EETS),
pp. 127 ff.; Hymns to V. and C., pp. 4 ff.; Songs and Carols (Percy Soc., Vol. XXIII), p. 80; Chaucerian
and Other Poems (ed. Skeat), p. 275; Rel. Ant., Vol. I, pp. 174; Anglia, Vol. XXVI, pp. 164 ff.; Vol. XXVII,
pp. 321 ff.; Herrigs Archiv, Vol. LXXXIX, pp. 183 ff. For the use of this lyric as a form of address to
characters other than Christ and Mary, see The Digby Plays, pp. 60, 103 ff., 126 ff. For French forms see
Gréber, Grundriss der romanischen Philologie, Vol. II, Part I, pp. 974 ff. For Latin lyrics of this type see
Das deutsche Kirchenlied (Wackernagel), Vol. I, pp. 125 ff., 169 ff., 172 ff., 190 ff.; Hymni Latini (Mone),
Vol. II, pp. 5 ff.

3 York, pp. 445, 484-

4 Das deutsche Kirch. (Wackernagel), Vol. I, p. 246; Hymni Latini (Mone), Vol. II, pp. 125 ff.; see also
Hymni Latini, Vol. 1, p. 247, and Piae Cantiones (Klemming), p. 176. See Appendix, p. 21.

s See the Latin lyric, Das deutsche Kirch., Vol. 1, p. 116; see English lyrics, An Old Eng. Misc., p. 1003
Minor Poems of V. MS, Vol. I, p. 4; Eng. Stud., Vol. XIV, p. 401; Chester. Vol. I, p. 94; York, p. 98;
Town., p. 88; Cov., p. 112-

6 See Das deutsche Kirch., Vol. 1, pp. 47, 82, 109 ff.; Rel. Ant., Vol. I, pp. 22, 89, 102, 169, 235, 2745
Vol. II, pp. 120, 212, 228 ff.; Anglia, Vol. XXVI, p. 190.

7 York, pp. 101, 476, 492, 404 ff.; Cov., pp. 116, 128, 154. Professor Manly has suggested that many
more were present at one time in the body of the plays, but that most of them were cut out at the time when
Mary-worship fell into disfavor in England.

go UNIVERSITY OF COLORADO STUDIES

lyric which plays fancifully with the individual letters of Mary’s name;*
the other is one of the most facetious and popular of the religious lyrics
current during the Middle Ages, The Five Joys of Mary, sometimes also.
written in the form, The Seven, Nine, and Fifteen Joys of Mary. It is in
the form of the Five Joys that it is found in the York Plays.? This.
form of the lyric, however, affected the drama most extensively when at
Brussels it was given the dignity of a separate play.

Of the many types of prayers and complaints in Middle English
none is characterized by a more peculiar and striking tone than that in
which the prayer is made to suit the especial needs of an old man.+ In
these lyrics the speaker sometimes laments the sins of his youth, complains.
of his decrepit condition, and describes in detail the physical decay which
accompanies old age. Many of these are of the nature of dramatic
monologues and readily adapt themselves to dramatic treatment. It is
difficult to read the speeches of characters in the plays, such as Noah,
Joseph and Simeon, without feeling that they were in a very definite
sense influenced by these complaints.s And the humorous treatment
of Joseph in the Corpus Christi plays, especially in Chester and Coventry,®

t See Cov., p. 88; Herrigs Archiv, Vol. CIX, p. 64; Hymni Latini (Mone), Vol. II, pp. 04f. See also-
the prayer to Jesus (Percy Soc., Vol. II, p. 278). See for parallel passages, Appendix p. 20.

2 Pp. 4093 ff. See also for Latin forms, Das deutsche Kirch., Vol. I, pp. 150 ff.; Hymni Latini (Mone),
Vol. II, pp. 161 ff.; Rich. R. of Hamp., Vol. I, pp. 408 ff.; and for English forms, Minor Poems of V. MS,,.
Vol. I, pp. 25 ff., 31 ff., 133 ff.; Wm. of Shoreham, p. 117; An Old Eng. Misc., p. 87; Spec. of Lyric Poetry
(Percy Soc., Vol. IV), pp. 54 ff., 94 ff.; Christmas Carols (P. Soc., Vol. IV), pp. 7 £.; Songs and Carols (P.
Soc., Vol. XXIII), pp. 68 ff.; Béddeker, Altenglische Dichtung, p. 218; Anglia, Vol. XXVI, pp. 164, 226,-.
232, 242, 257; Rel. Ant., Vol. I, p. 48; Miatzner’s Altenglische Sprachproben, pp. 51; Herrigs Archiv, Vol.
LXXXIX, pp. 275, 282; Vol. CIX, pp. 48, 49; Cursor Mundi (EETS), Parts V, VI, p. 1468. See further
Groéber, Grundriss der romanischen Philologie, p. 973. For parallel passages, see Appendix, p. 22.

3 CrEIZENACH, Vol. I, p. 340; CHAMBERS, Vol. II, p. 87.

4 Rel. Ant., Vol. I, pp. 119, 197; Vol. II, p. 210; Hymns to V. and C., pp. 36, 83; Anglia, Vol. III,
p- 270; The Minor Poems of Lydgate (Percy Soc., Vol. II), pp. 240, 254; Spec. of Relig. Poetry (P. Soc.,
Vol. IV), p. 47; Bann. MS, Vol. II, pp. 457, 781; The Poetical Works of Skelton (ed. Dyce), Vol. I, pp. 2 ff.
Sometimes the passage simply describes the condition of the body in old age, without taking the form of a
complaint. See The Minor Poems of Lydgate (Percy Soc., Vol. II), p. 30; The Pricke of Conscience (ed.
R. Morris), p. 22; Hymns to V. and C., p. 79; Minor Poems of Vernon MS, Vol. II, pp. 446 ff.; Twenty-
six Polit. Poems (EETS), p. 138. The best known of these is perhaps ‘‘ Maximon,” Rel. Ant., Vol. I, pp. 110 ff.;
pr. also in Anglia, Vol. III, pp. 279 ff., and in Béddeker, Alteng. Dicht., pp. 244 ff.

5 Chester, Vol. I, pp. 98, 130, 189; York, pp. 43, 102, 138, 436; Town., pp. 25, 161, 181 ff.; Cov., pp:
96, 118; see also Nice Wanton, Manly’s Pre-S. Dr., Vol. I, ll. 260 ff., for the same type of speech in the mouth.
of an old woman. For parallel passages, see Appendix, pp. 22 ff.

6 Chester, Vol. I, pp. 098, 138 ff.; Cov., pp. 117 ff., 131 ff., 145 ff.

THE MIDDLE ENGLISH RELIGIOUS LYRIC gt

may, in fact, be due to the eternal ridiculing of old men with young wives
in the semi-religious lyrics.”

Middle English poetry contains an exceedingly rich body of Christmas
songs.?. One might except to find that these had exerted a considerable
influence upon the English Christmas plays. And there are, it is true, a
few fragments of what may have once been Christmas lyrics.3 But if
there were ever complete lyrics at the beginnings of the English shepherds
plays, or at those points in the plays where the angels first address the
shepherds—points at which we might expect to find them—they have been
crowded out by material of another sort. In the Pageant of the Shear-
men and Taylors, there are, of the three songs appended at the end, two,
Nos. I and III, which bear unmistakable evidence of being Christmas
lyrics. There is also another Christmas lyric which very evidently
resembles those portions of the Christmas plays in which the shepherds
make their offerings to Christ.5 In this case, however, it is the lyric
which has been influenced by the miracle plays, rather than the reverse.

Almost as widespread as the Christmas Carol, and far more uniform
in its type, is the Testament of Christ, termed variously the Lament of
the Redeemer, Christ’s Charter, and Christ’s Complaint.¢ Here again, as

Christmas Carols (Percy Soc., Vol. IV), p. 52; Hone’s Ancient Mysteries, pp. 90 ff. See for the treat-
ment of this theme in the fourth-century Greek homiletic writings, Cook, Journal of Germanic Philology,
Vol. IV, pp. 421 ff.

2 See Christmas Carols (Percy Soc., Vol. IV); Songs and Carols (Percy Soc., Vol. XXIII); Anglia,
Vol. XXVI, pp. 180, 196, 231, 235, 253, 260, 265, 268, 271, 274, 279. A complete list of them would make
a small-sized book of bibliography in itself. See also, for numerous Latin songs of much the same sort, Das
deutsche Kirchenlied, Vol. 1, pp. 108 ff.

3 Town., Shepherd’s Play, I, ll. 2095 ff.; II, ll. 638 ff.; The Adoration of the Shepherds, ll. 1-13. See
also The Paco of the Shearmen and Taylors (Manly, Pre-S. Dr.), ll. 435 ff.

4 Manty, Pre-S. Drama, Vol. I, pp. 151 ff.;ed. also by Craig, Two Coventry Corpus Christi Plays (EETS),
p. 32. Compare with No. 1, Rel. Ant., Vol. II, p. 76; for the same carol see also Songs and Carols (Percy
Soc., Vol. XXIII), p. 12, and Anglia, Vol. XXVI, pp. 250 ff.; compare with No. III the lyric No. LXXIII
of the Baliol MS, 354, Anglia, Vol. XXVI, pp. 237 ff. See Appendix, p. 23, for parallels.

s Anglia, Vol. XXVI, pp. 243 ff., Poem No. LXXXII, stanzas 7, 8, 9. See Appendix, pp. 23 ff., for
parallels.

6 Cook, in The Christ of Cynewulf, pp. 208 ff., called attention to the frequent occurrence of this form
in English and in other literatures, citing at the same time examples of its occurrence in the miracle-plays
and inquiring into its origin. I add the following references: Chester, Vol. II, pp. 190 ff.; York, pp. 363,
423, 450, 454; Town., pp. 265 ff., 341; Cov., pp. 207, 325, 320, 346; Minor Poems of V. MS, Vol. I, pp. 250,
435; Vol. II, pp. 462, 625, 650; Pricke of Conscience, pp. 141, 145; An Old Eng. Misc. (EETS), pp. 81, 2313
Herrigs Archiv, Vol. CVI, pp. 53, 62 (similar to version by Skelton, pp. 141 ff.), 69 ff.; Cursor Mundi, pp.
1644 ff.; Polit., Relig. and Love Poems (re-ed. by Furnivall for EETS), pp. 141 ff., 182 ff., 100 ff., 254 if,
262 ff., 276 ff.; Hymns to V. and C. (EETS), pp. 124 ff.; The Lamentation of Souls (ed. Lumby with Be
Domes Daege), ll. 35 ff. (EETS); Twenty-six Polit. Poems (EETS), pp. 41 ff., 76 ff., 85 ff.; The M inor Poems

Q2 UNIVERSITY OF COLORADO STUDIES

in the case of the Complaints of an Old Man, we have an instance of a
lyrical form which is in itself essentially of the nature of a dramatic
monologue; and the treatment of this theme in the drama and in the
independent poems differs scarcely at all, the independent poems some-
times it is true growing to far larger proportions than they ever do in
the drama. It seems highly probable that in many cases the independent
lyric has been inserted into the drama with little or no change. In
Towneley* this, it would seem, has certainly happened. Skelton’s
lyric on the same theme,? if Skelton’s it may be called, is almost word for
word and rhyme for rhyme similar to Towneley. It is difficult to say
how much this form had to do with the growth and development of the
passion-plays. Historians of the drama have had so much to say about
the Planctus Mariae in its relation to the passion-plays that they have
failed to take special notice of this lyrical form, about as widespread and
popular in the Middle Ages as the planctus, if not moreso. The form,
however, may have had more to do with the initial stages of develop-
ment of the passion-play than it is given credit for. It is barely possible
that it is to some form of this Lament that de Douhet refers when seeking
to explain the origin of the passion-play.3 In the English passion-play
there is no more evidence that the planctus was the germ or starting-
point of the passion-plays than there is for the Christ’s Testament.
In the German Tyrols and Alsfelder® passion-plays this passage follows
very closely the Latin hymn form, in which is found the First Lesson

of Lydgate (Percy Soc., Vol. II), pp. 250 ff.; Songs and Carols (P. Soc., Vol. XXIII), pp. 10 ff., 46; Wt and
Science and Early Poetical Miscellanies (Shaks. Soc., Vol. II), pp. 68 ff.; Bann. MS, Vol. I, pp. 82 ff., 96,
103, 112 ff.; Lydgate’s Two Nightingale Poems (EETS), pp. 21 ff.; Poetical Works of Skelton, Vol. I, pp.
141, 144; The Assumption of Our Lady (re-ed. by G. H. McKnight, EETS), pp. 123 ff.; Eng. Stud., Vol.
XXI, pp. 207 ff.; Rel. Ant., Vol. II, pp. 119, 225; Anglia, Vol. III, pp. 550 ff.; Vol. XXVI, pp. 246, 248 ff.,
255;Alteng. Dicht. (Boddeker), pp. 271 ff.; The New Nut Brown Maid (‘‘Early Popular Poetry,” ed. Hazlitt,
Vol. ITI), pp. 2 ff.; Rich. R. of Hampole, Vol. I, p. 88; Vol. II, pp. 16 ff., 457 ff. See also Thien, Ueber die
englischen Marienklagen (Kiel, 1906), p. 82. Compare H-ymni Latini (Mone), Vol. I, pp. 396 f., and also
Carmina Burana (Schmeller, 1904), p. 209.
t The Resurrection of the Lord, ll. 262 ff.

2 The Poetical Works of Skelton (ed. Dyce), Vol. I, pp. 144 ff. See Appendix, pp. 26 ff., for parallel
passages.

3 Dictionnaire des mystéres, pp. 633 ff.

4 See “The English Planctus Mariae,’’ Modern Philology, Vol. IV, pp. 632 ff.

s WACKERNELL, Altdeutsche Passionsspiele aus Tirol, pp. 127 ff.

6 ‘Das Drama des Mittelalters,” Deutsche Nat.-Liiteratur,Vol. III, pp. 764 ff.

THE MIDDLE ENGLISH RELIGIOUS LYRIC 93

for the First Nocturn for Good Friday. In both cases, moreover, the
initial lines are in the original Latin, as if at one time the entire Latin
hymn had had its place in the earliest passion-plays. So far as I have
been able to discover, it seems by no means certain that the planctus
was dramatized any earlier than the Testament of Christ.

Any investigation of the resurrection-lyrics, some of which are stil!
retained in many of the miracle-plays? which treat the events following
the crucifixion, would naturally lead us back to the question of the
liturgical origins of the Easter-play. With that question this paper is
not directly concerned. There are, however, some few of these lyrics
in the plays which may be the result of the playwrights having drawn upon
the English independent resurrection-lyrics,? rather than the result of
the retention and gradual development of the original resurrection-hymns
of the liturgical drama.

From the point of view of today those lyrics which deal with the general
theme of the Lije of Man+ in a semi-secular, semi-religious tone are by
far the most interesting of all the various classes with which we are
concerned in this discussion. ‘The writers of Middle English verse never
tire of discoursing about the briefness, the changeableness of life, the
transitoriness and worthlessness of.all earthly things, often stopping to
describe in detail the repulsiveness of the human body, and almost as

t For other places in which it is employed in the Sarum Use, see Cook, The Christ of Cynewulf, p. 208.

2 York, p. 424; Town., pp. 324, 344 ff., 355 ff., 362; Cov., pp. 348, 356 ff., 362 ff., 367 ff., 371 ff., 375 ff.

3 The Gude and Godlie Ballatis, pp. 47; The Bann. MS, Vol. 1, pp. 93, 95- For poems of the same kind
with refrains as in Cov., pp. 375 ff., see The Bann. MS, pp. 02 ff.; Polit., Relig. and Love Poems (EETS),
pp. 210 ff.; Chester, Vol. II ‘‘ Notes,” pp. 204 ff. The last three examples are in reality Planctus Mariae,
influenced in form by the resurrection-lyric. For examples of Latin lyrics of a somewhat similar type, see
Wackernagel, Das deutsche Kirchenlied, Vol. 1, pp. 175 ff., 218, 242 ff.

4 For lyrics of this general type, see Lydgate’s Minor Poems (Percy Soc., Vol. II), pp. 74 ff., 103; Spec.
of Lyric Poetry (P. Soc., Vol. IV), pp. 23, 47, 60, 101; Religious Songs (P. Soc., Vol. XI), pp. 64 ff.; Songs
and Carols (P. Soc., Vol. XXIII), pp. 4 ff.; Rel. Ant., Vol. 1, pp. 26, 138, 160, 234, 235, 261; The Minor
Poems of Lydgate (P. Soc., Vol. II), pp. 24, 124, 220; Early Pop. Poetry, Vol. III, p. 40; Bann. MS,
Vol. I, pp. 37, 55, 127 ff., 131, 137, 152 ff., 155 ff., 201, 209 ff., 308, 321, 320; Vol. II, pp. 750 ff.; Anglia,
Vol. I, pp. 285, 291; Vol. II, p. 71; Vol. XXVI, pp. 141 ff., 158, 167, 185, 197 ff., 207; Minor Poems of V.
MS (EETS), Vol. I, pp. 335, 343; Vol. II, pp. 512, 667, 672, 674 ff., 686, 602, 715, 726 ff., 730, 740 ff.; Polit
Relig. and Love Poems (re-ed. EETS), pp. 255, 263; Twenty-six Polit. Poems (EETS), p. 113; Wm. of Shore-
ham (EETS), p. 1; Religious Pieces (EETS), p. 79; Hymns to V. and C. (EETS), pp. 39, 58, 80, 83, 86;
An Old Eng Misc., pp. 65, 69, 93, 156, 161, 170; Chaucerian and Other Pieces (ed. Skeat), pp. 201 ff., 440;
Herrigs Archiv, Vol. CIX, p. 46; Eng. Stud., Vol. XXI, p. 201; The Poetical Works of Skelton (ed. Dyce),
Vol. I, p. 2; The Gude and Godlie Ballatis, p. 30; The Poems of Dunbar (Scot. T. S.), Vol. II, pp. 74 ff., r10,
226, 232, 244; Rich. Rolle of Hampole, Vol. I, pp. 73, 77, 367 ff.; The Pricke of Conscience (ed. Morris),
PP. 39, 52-

94 UNIVERSITY OF COLORADO STUDIES

often, using this text as a sermon, ending the poem by calling upon us
to amend our lives and repent while there is yet time. The best-known
and in a literary way the most effective form of this lyric is the Ubi
Sunt, immortalized by Villon and Thomas de Hales, in which the writer
inquires where the great and famous of the world are all gone. With
this lyric we are not concerned here; its influence on the Corpus Christi
play is hardly to be detected, though it later makes its appearance in
Skelton’s Magnyjycence, later still at the end of The Disobedient Child,
and finally in Shakespeare’s Richard III.‘ Other types of the Life of
Man lyric have, however, exercised an influence upon these plays which,
though slight, is marked and striking. In the Towneley Shepherd
Plays? appears the form which emphasizes the variableness of life
in the conventional phrases, “Now in, now out;’3 in the Towneley
Shepherd’s Play, II,4 the briefness of life is especially emphasized.5
In the Towneley Judgmeni® there is a suggestion of the Ubi Sunt which
calls to mind rather the Anglo-Saxon’ form than the the highly conven-
tionalized and fixed form of Middle English. In the Towneley Lazarus®
there is a lyrical passage which reminds one of the Ubi Sunt in theme,
but differs from it very considerably in its type—a type which is about
as common in Middle English as the better-known Ubi Sunt.° There
is, moreover, a longer lyric in the Lazarus which is marked by the refrain

t Act IV, sc. iv, ll. ox ff.

2J, ll. x ff., and II, ll. 60 ff.

3 The Sayings of St. Bernard (Minor Poems of Vernon MS, Vol. II), pp. 513, 692, and elsewhere in The
Sayings of Bernard; Béddeker, Alteng. Dicht., p. 195; Eng. Stud., Vol. IX, p. 441; Herrigs Archiv, Vol.
CIX, p. 42; Pricke of Conscience, pp. 40 ff.; The Poems of Dunbar (STS), Vol. II, p. 244. See Appendix,
Pp. 29, for parallel passages.

4 LI. 120 ff.; see also Chester, Vol. II, p. 165.

s Minor Poems of V. MS, Vol. Il, p. 692; Wyt and Science and Early Poetical Miscellanies (Shaks. Soc.,
Vol. II), pp. 110 ff.; Anglia, Vol. XXVI, pp. 102 ff.; Rich. Rolle of Hampole, Vol. Il, p. 457; Pricke of Cons.,
Pp. 20 ff.

6 LI. 550, ss.

1 The Wanderer (Bibl. der angelsichs. Poesie, Wiilcker, 1]. 92 ff.); see also a somewhat similar form in
Body and Soul poems.

8 Ll. x11 ff.

9 Bann. MS, Vol. I, p. 154; Spec. of L. P. (Percy Soc., Vol. IV), p. 87; Religious Songs (P. Soc., Vol.
XI), p. 63; for Old French forms see Satirical Songs and Poems on Costume (P. Soc., Vol. XXVII), p. 33;
Eng. Stud., Vol. XIV, p. 186; Relig. Pieces (EETS), p. 81; An Old Eng. Misc. (EETS), pp. 91, 04, 1573
Minor Poems of V. MS, Vol. II, pp. 676, 678. Compare Hymni Latini (Mone), Vol. I, p. 398. For parallels
see Appendix, p. 30.

THE MIDDLE ENGLISH RELIGIOUS LYRIC 95

“« Amend thee man whilst thou may.’’* Poems of a very similar nature,
most of them characterized by almost the same refrain, are abundant
in the general body of lyric poetry of the day;? they too have their
Latin prototype. Within this lyric another form makes its appearance—
a form which the verse homilist is fond of using when preaching his
sermons of the frightening sort. It reads here, ““Thynk thou on the
dredefull day,” and, “‘Thynke thou farys as dothe the wynde.”’$ Similar
passages occur in many poems of the day.4 In the Lazarus also the
poet follows the body of man after death and describes it in detail.* The
passage calls to mind scores of poems which treat the same theme, from
some of which it very probably borrowed many a phrase and line. The
most remarkable line which has worked its way into this passage is,
“The Royfe of your hall,/your naked nose shall touche,” which is
present in almost all of the Body and Soul poems, and sometimes in the
Long Life poems.°

The judgment-plays, among the very latest developments of the
English cyclic plays, afford on the whole the most interesting examples
of the influence of the independent poems upon the upbuilding of the
cyclic dramas. It is impossible, perhaps, to arrive at a just estimate of
their origin and development without entering into a thoroughgoing

1 Town., p. 3092, ll. 174 ff.

2 Polit., Relig. and Love Poems, pp. 215 ff.; An Old Eng. Misc., pp. 62, 78; Minor Poems of V. MS,
Vol. II, pp. 668, 672, 725 ff., 727 ff., 730 ff.; Twenty-six Polit. and Other Poems, pp. 6o}ff.; Anglia, Vol. I,
p. 411; Vol. II, p. 71; Vol. XXVI, p. 233; Minor Poems of Lydgate (Percy Soc., Vol. II), pp. 228 ff.; the
poem is far too similar to other poems of this type to be called Lydgate’s in any proper sense; Religious Songs
(P. Soc., Vol. XI), pp. 63 ff.; Songs and Carols (P. Soc., Vol. XXIII), pp. 4, 29, 37, 45; Bann. MS, Vol. I,
PP. 97, 103, 127, 129, 133, 138, 145, 201, 203; Rich. Rolle of Hampole, Vol. I, pp. 73, 76; Herrigs Archiv,
Vol. CVI, pp 275 ff. For Latin poems of somewhat similar refrain, see Hymni Latini (Mone), Vol. I, pp.
395 £.; Cantiones (Klemming), pp. 16 ff. See Appendix, pp. 32 ff., for parallel passages.

3 LI. 176, 178. 3

4 Spec. of Lyric Poetry (Percy Soc., Vol. VI); Religious Songs (P. Soc., Vol. XI), p. 71; printed also
in An Old Eng. Misc., p. 170; Minor Poems of the V. MS, Vol. Il, p. 477; Rich. Rolle of Hamp., Vol. I,
p. 156; Pricke of Cons., p. 73; Rel. Ant., Vol. I, p. 139. For Latin form, see Latin Hymns (March), p. 121.
See Appendix, pp. 33 ff., for parallel passages.

s Town., pp. 301 ff.

6 Especially is it noticeable in the Anglo-Saxon specimen printed in Anglia, Vol. V, p. 289; Eng. Stud.,
Vol. XIV, p. 184, ll. 153 ff. For other passages very similar to the Lazarus description of what we come to
after death, see Rel. Ant., Vol. I, p. 130; The Poet. Works of Skelton (ed. Dyce), Vol. I, p. 19; Anglia, Vol.
XXVII, p. 300; Rich. Rolle of Hamp., Vol. 1, pp. 73, 367 ff., 372; Pricke of Cons., pp. 13 ff.; Wm. of Shore-
ham, p. 32; An Old Eng. Misc., pp. 78, 92, 172 ff., 178; Minor P. of V. MS, Vol. I, pp. 270,, 335 343; Vol.
Il, pp. 511 ff. Similar passages may be found in almost any of the Body and Soul poems. See for parallel
passages, Appendix, p. 33.

96 UNIVERSITY OF COLORADO STUDIES

investigation of the Doomsday literature of the Middle Ages; and that of
course lies beyond the limits of this study. It seems possible, however, to
get a notion of some sort as to their development in English. The York
judgment-play seems to represent the most primitive form of the four
plays in English. Its structure is fairly simple: an opening speech by
God recounting the wickedness of mankind, brief praise of God by the
angels, the cries of the good and bad souls as they awake, Christ’s
descent to earth and brief talk with his angels, brief speeches of the
devils, Christ’s Complaint or Testament, his division of the good and bad
souls, their questions and replies to Christ, Christ’s blessing of the good
souls and damning of the bad—this is about the plot of the play. One set
of incidents in this play we find in the judgment-plays of Chester,
Towneley, and Coventry, with varying degrees of elaboration: the
cries of the good and bad souls as they awake and arise from their graves,
Christ’s reproaches to the bad and blessing to the good, the dialogue
between Christ and the good and bad souls, the attempts of the bad
souls to justify themselves and the final blessing and damnation. And
this set of incidents seems to constitute the general framework of the
plays. Comparison of this portion of the plays with the treatment of
the same theme in The Pricke of Conscience? makes it seem that even this
portion was already more or less prepared for by the dialogue treatment
of the same theme in verse. Chester has departed far from the simple
scheme of York, the most noticeable difference being that the saved and
the damned souls become particular persons representing various classes
and kinds of people, each person having put into his mouth a repentant
speech revealing the particular vices of his class of society. For this
development the play is largely indebted to the various satires on the
classes of the times, and perhaps to The Dance of Death literature.?
Coventry has departed from the simple York scheme mainly in the matter
of the devils at the end of the play? becoming the accusers of the bad

1 LI. 60096 ff.; see further Lamentacio Animarum, in the same volume as Be Domes Daege; Minor Poems
of V. MS, Vol. II, pp. 658 ff., 765 ff.; An Old Eng. Misc., pp. 72 ff.; Anglia, Vol. III, p. 542. Compare
the Christ of Cynewulf (ed. Cook), ll. 1470 ff.; here the treatment of the theme is in monologue. Compare
also the Latin dialogue treatment of the same in Hymni Latini (Mone), Vol. I, pp. 416 ff. See for parallel
passages, Appendix, pp. 35 ff.

2 See CHamBers, The Med. Stage, Vol. II, p. 153 (notes); Creizenach, Vol. I, p. 46r.

3 The play is incomplete at the end.

THE MIDDLE ENGLISH RELIGIOUS LYRIC 97

souls, recounting their sins and tormenting them. This may be due
to the influence of the Towneley Judgment, in which this becomes the
chief incident of the play, Tutivillus there becoming the dominant figure
and taking the center of the stage most of the time. An old fragment of a
poem in Reliquiae Antiquae* shows that this conception of Tutivillus
was current in the literature of the day.

It is in the Towneley Judgment, however, that we have the farthest
departure from the simple structure of York,? and it is in this play that
we have the best example of how the plays sometimes drew largely on
the other forms of literature of the day. Excepting ll. 434-531, which
seem to be the germ portion of the play,3 almost the entire play is made
up of portions of verse gathered from various sources, echoing various
independent forms and types, and withal blended together in a remark-
ably effective and dramatic fashion. The writer of this play and pre-
sumably of the Towneley Noah, Herod the Great, and the Shepherd’s
Play, I and II, was familiar with a very considerable portion of the
great body of homiletic and satirical poetry of his times, and it is mainly
due to his adaptation of it to his dramatic needs that the Corpus Christi
play in England is brought to its highest literary development.

The opening lines of the play+ may be compared with passages in
The Pricke of Conscience dealing with the same scene.’ Lines 143-51,
179-87, 282-86, 296-304, 332-67, 576-88 are alliterative lists of sinners
who are to be found in hell, which have been current in Middle English
homiletic verse from the Moral Ode® poems on. Lines 394 ff. are exceed-

ingly similar to the lines in other poems which describe judgment day,’

t Vol. I, p. 257.

2 See the York Judgment Day text for parallel passages in York and Town.

3 See above, p. 06.

4 Town., pp. 367 ff.; see also York, pp. 500 ff.; Cov., p. 402.

s Pp. 135 ff., 190 ff., 199; see also Rich. Rolle of Hamp., Vol. Il, p. 446.

6 Anglia, Vol. I, pp. 6 ff. (for other editions, see A Middle English Reader, ed. O. F. Emerson, p. 297).
For other passages of the kind, see York, p. 340; Cov., p. 404; An Old Eng. Misc., pp. 64, 67, 76, 150 ff.,
187, 212, 225; Minor Poems of V. MS (EETS), Vol. I, pp. 253 ff.; Altenglische Sprachproben, pp. 330 ff.;
The Poems of Dunbar (Scot. T. Soc.), pp. 70, 81, 221; The Poetical Works of Skelton (Dyce), Vol. I, pp. 98,
149, 360; Religious Songs (Percy Soc., Vol. XI) pp. 80 ff.; Eng. Stud., Vol. I, p. 99; Pricke of Cons., pp. 92,
164 ff.; Rich. Rolle of Hamp., Vol. I, p. 153; Chaucerian and Other Poems (Skeat), p. 172; Herrigs Archiv,
Vol. LXXXVI, pp. 387 ff. See also Piers Plowman (ed. Skeat) for many passages of the kind. See Appen-
dix, p. 31, for parallel passages.

7 See The Pricke of Cons., pp. 71, 165; Rich. Rolle of Hamp., Vol. 1, p. 129; Twenty-six Polit. and Other
Poems, pp. 118, 142. For the Latin form see Hymni Latini (Mone), Vol. I, pp. 402, 4153; see further Latin
Hymns (March), pp. 154 ff., 292 f. See Appendix for parallels.

98 UNIVERSITY OF COLORADO STUDIES

probably a rendering of the great “Dies irae,” most familiar to us in
modern times in Sir Walter Scott and Mozart. This passage is followed
immediately by Christ’s Testament. Almost all of the remaining por-
tions of the Towneley Judgment are adaptations of satires on various
subjects, mainly on women.? While taken collectively, the English
judgment-plays seem to be the adaptation of the Doomsday dialogue
between Christ and the good and bad souls to dramatic purposes. Towne-
ley is very largely homiletic in its tone, and but for the previous develop-
ment of the Middle English sermons in prose and verse could never have
taken on its present form.

This is scarcely the place to call attention to the relation of the drama
to other forms of Middle English poetry whose character is not in some
sense lyrical. It is going somewhat out of the way to notice, for example,
the similarity between the grotesque meal of the shepherds in the Towne-
ley Shepherd’s Play, No. I3 and the Grotesque Receipts,+ between the
speech of Death in The Slaughter of the Innocents’ and The Dance of
Death of Lydgate, between the Geography in Verse® and the Hegge play
of The Temptation;? between The Fifteen Signs of Judgment in the
Chester play Ezechiel and the treatment of thesame theme in non-dramatic
verse ;® and finally between the various Creeds, Pater Nosters, Ten
Commandments, and other themes of a somewhat similar nature, treated
in the general poetry of the time and the drama as well.

Leaving out of consideration these last-mentioned forms, it is apparent
even from the hasty consideration of the lyrical forms given above, and
it will be still more apparent after the more careful consideration of that

t See above, p. 96.

aI hope to publish very shortly a paper on the subject of the influence of the satire of the day upon the
Corpus Christi plays.

3 See also, Chester, Vol. 1, pp. 110 ff.

4 Anglia, Vol. XVIII, p. 205; Vol. XXVI, p. 270; Rel. Ant., Vol. I, pp. 51, 56, 81, 239, 250, 325; Bann.
MS, Vol. Il, pp. 388, 402 ff.; Songs and Carols (Percy Soc., Vol. XXIII), p. 23. See Appendix, p. 34, for
parallel passages.

s The Coventry Mysteries, pp. 84 ff.; cf. Chester, Vol. I, p. 186.

6 Rel. Ant., Vol. I, p. 271; see also The Play of the Sacrament, ll. 15 ff.; Manly, Pre-Shaks. Drama.
Vol. I, p. 243.

7 Pp. 210 ff.

8 See Be Domes Daege and Other Pieces (EETS), pp. 91 ff.; Anglia, Vol. III, pp. 534 ff.; Vol. XI, pp,
360 ff.; Miatzner’s Alteng. Sprachproben, pp. 121 ff.; Jahrbuch fiir romanische und englische Philologie, Vol.
V, pp. 194 ff.; Paul and Braune, Vol. XI, pp. 413 ff.; R. Peiper, “‘Zur Gesch. der mittelalt. Dichtung,” in
Arch. }. Literaturgesch., Vol. 1X, pp. 117 ff.

THE MIDDLE ENGLISH RELIGIOUS LYRIC 99

large body of non-dramatic and dramatic Planctus Mariae, and the still
larger body of lyrical dialogue covering almost as completely as the
lyrical plays themselves the field of biblical narrative, to what extent
the plays are indebted to the antecedent and contemporaneous religious
lyric of Middle English. It is hardly going too far when we say that
about one-fourth of the great body of material found in the York and
Towneley cycles is in the broad sense of the word lyrical. Chester and
Hegge, though not indebted to the lyric so largely as are York and Towne-
ley are, when we consider them in their entirety, very considerably
indebted. Sometimes, as has been suggested, the dramatic lyric con-
tains merely an echo of the lyric proper; sometimes it follows it in thought
and phrase more or less closely; sometimes it has been inserted bodily
from without, retaining the phrase and rhyme of the original; and very
occasionally the lyric may even have formed perhaps the starting-point
of certain of the plays. Of course, it is open to anyone to believe that
the original lyric portions of the liturgical drama came by a gradual
process of development to their present form in the Corpus Christi
plays. But it seems highly probable that in the great majority of cases
as the drama widened its scope, it drew again and again upon the vast
field of the lyric, which was developing side by side with it using the
same themes as the drama and treating these themes in a way not essen-
tially different.

Whatever may be the specific relation of the particular lyrics to par-
ticular plays, it is fairly clear that we have here another example of the
method of development of the drama as stated by Professor Manly in
his explanation of the relation of the moralities to the Corpus Christi
plays. “The moralities,” he says, “are not to be regarded as growing
out of the Corpus Christi plays, but are merely an instance of the theory
that the dramatic instinct, once set going, tended to dramatize material
already at hand in other provinces of literature.”? So it is in regard to
the lyrics. The drama has done with them what it has been doing
ever since it took its rise in the liturgy. It has simply extended its
province in such fashion as to include other contemporaneous forms of

literature already existing side by side with it.

« For the larger application and fuller development of this theory see MaNty, “Literary Forms and the
New Theory of the Origin of Species,” Modern Philology, Vol. 1V, pp. 577 ff.

uN Nh re gtty
tase van ni

ANNOTATED LIST OF NATURAL HISTORY
WORKS, ESPECIALLY USEFUL TO ROCKY
MOUNTAIN STUDENTS

I, THE VERTEBRATES
By Junius HENDERSON

Since nature-study assumed so prominent a place in the public esteem
and in school curricula, numerous inquiries are received from parents,
teachers, and others as to the most helpful works on the subject. This
paper is designed to answer some of the inquiries. The works here
given are scientific and reliable, very different from many books now
finding their way into private and school libraries under the guise of
natural history works. The omission of titles from this list does not
signify that the omitted works are necessarily less worthy of notice.
The number of good books precludes the mention of all. A list such as
this is not needed by the professoinal naturalist, who knows most of
them. Consequently this paper, though including some technical works,
is directed to the non-technical public, particularly to those who reside
in the Rocky Mountain or Pacific Coast region.

From the beginning birds have occupied the most prominent place
in nature-study and bird literature has expanded to great proportions,
affording large numbers of works suitable to the general student, only
a small number of which can be selected for notice here. With mammals
the number is far less, with fishes still less, and in case of reptiles and
amphibians there are very few works of merit written for popular use.

The classes are herein taken up in regular order, first giving the general
works which include all the vertebrates, then beginning with fishes and
ending with mammals.

VERTEBRATES IN GENERAL

ScumeIt, Orro. Text Book of Zodlogy. English Edition, Adam and Charles Black.
London. 1901. 486 pages.

Instructive account of appearance, structure and habits of animals in non-technical
language. More than one-half devoted to vertebrates.

Io.

102 UNIVERSITY OF COLORADO STUDIES

Kincs.eEy, J.S. Text Book of Vertebrate Zodlogy. Henry Holt & Co. 1906. 439
pages. $3.

A fine work for the laboratory student of vertebrates, discussing in detail the various
organs and structures, such as teeth, tongue, skin, nervous system, etc., with a systematic
account of the classification of vertebrates, illustrated by text figures.

JorpAN, Davip Starr. A Manual of the Vertebrate Animals of the Northern United

States. A.C. McClurg. oth Edition. $2.

A small manual, with brief descriptions of the species of the eastern United States,
necessarily including some which range westward.

Hornabay, Witt1aAM T. The American Natural History. Charles Scribner’s Sons.

1904. 438 pages. $3.50.

One of the most useful popular works on the vertebrates, containing a vast amount
of highly interesting information in language easily understood even by children and well
illustrated. We recommend it to parents and teachers.

The American Bird and Nature-Study Chart, with Manual by Albert Schneider. John C.
Mountjoy. $23.

Colored plates of birds, mammals, etc., produced by “color photography,” on large
sheets arranged on a frame for convenient exhibition to classes and small audiences. The
pictures are good, many of them excellent, grouped so as to show relations of birds and
other animals to each other. The Manual is a condensed descriptive summary of the
subjects treated, with suggestions for use of the chart as well as for field observations.
An important addition to schoolroom paraphernalia.

Report upon Geographical and Geological Explorations West of the One Hundredth Meridian
in Charge of Capt. Geo. M. Wheeler. Vol. V, Zodlogy. (‘Wheeler Survey.””) Wash-
ington. 1875.

Report of Explorations and Surveys to Ascertain the Most Practicable and Economical
Route jor a Railroad from the Mississippi River to the Pacific Ocean. (‘Pacific R. R.
Survey.’’) Washington.

These two thick quarto volumes contain important papers on western mammals,
birds, reptiles, amphibians, and fishes, with excellent plates. The bird papers are super-
seded by later manuals, but the others are still useful to western naturalists.

HornabDay, WittiaM T. Taxidermy and Zodlogical Collecting. Charles Scribner’s Sons.

1902. 350 pages. $2.50.

One of the most thorough and practical works for general use on the subject of collect-
ing and preserving vertebrates of all kinds, with chapters on the invertebrates. The author
has had long experience in that line and has the faculty of making his meaning plain to
the non-technical. The work is well illustrated.

FISHES
JORDAN, Davip STARR. Guide to the Study of Fishes. 2 Vols. Henry Holt & Co.

1905. 1223 pages. $12.

An elaborate general treatise, with chapters on life, anatomy, form, morphology,
organs, habits, distribution, evolution, diseases, classification and general characters of
orders and families, without descriptions of species, all in language not too technical for
the general student who is familiar with biological terms.

HERDMAN, W. A., BripcE, T. W., AND BOULENGER, G. A. Cambridge Natural History.

Vol. VII, Fishes. The Macmillan Co. $4.25.

A useful general treastise on fishes.

LIST OF NATURAL HISTORY WORKS 103

JoRDAN, D.S., AND EVERMANN, B. W. The Fishes of North and Middle America. 4 Vols.

or parts. U.S. Natl. Museum, Bull. No. 47. 1896-1900.

A technical systematic manual, describing all species of North and Middle American
fishes known at time of publication, the last volume chiefly excellent uncolored plates.
It may be consulted in the large public libraries. ,

JorDAN, D. S., AND EVERMANN, B. W. American Food and Game Fishes. Doubleday,

Page & Co. 1902. 574 pages. $4.

One of the most useful popular works on fishes, discussing habits, habitats, etc.,
with descriptions of species and excellent plates. Includes only those used for food or con-
sidered game, comprising about one-third of the 3,000 species in America north of Panama.
GoopE, G. B. American Fishes. Revised Edition edited by Theodore Gill. Dana,

Estes &.Co. 1903. 533 pages. $3.50.

A standard popular work on game and food fishes with special reference to habits
and methods of capture. Devotes but little.space to descriptions of species, but contains
a great fund of information on life-histories not found in other books, with fisheries statistics.
A valuable work. Illustrated.

HENSHALL, J. A. Bass, Pike, Perch and Others. The Macmillan Co. 400 pages. $2.

An extended and instructive account of nearly all the game fishes east of the Rocky
Mountains, with descriptions, notes on habits, and some fishing experiences. Illustrated.
SAGE, DEAN, Harris, W. C., AND TOWNSEND, C. H. Salmon and Trout. ‘The Mac-

millan Co. $2.

Similar to Henshall’s work above mentioned and belonging to the same set.

JorDaAN, D.S. Report of Explorations in Colorado and Utah during the Summer of 1889,
with an Account of the Fishes Found in Each of the River Basins Examined. Bull.

U. S. Fish Com., Vol. IX, for 1889, pp. 1-40.

Jupay, CHANcEY. List of Fishes Collected in Boulder County, Colorado, with Description
of a New Species of Leuciscus. Bull. U.S. Bureau Fisheries, 1904, pp. 223-227. 1 fig.
REPTILES AND AMPHIBIANS
Gapow, Hans. Cambridge Natural History: Amphibians and Reptiles. The Macmillan
Co. 1901. $4.
A general account of these animals for advanced students.

Corr, Epwarp D. The Crocodilians, Lizards, and Snakes of North America. Ann.
Rept. U. S. Natl. Museum for 1898.

Our most important technical systematic manual, of about 1,200 pages, describing
the species, with a number of plates and many text figures.

Dirmars, R. L. The Reptile Book. Doubleday, Page & Co. 1907. 465 pages. $4.

Discusses the snakes, lizards, crocodiles, tortoises, and turtles in non-technical lan-
guage, with 136 very fine full-page plates from photographs, some of them colored. For
the general student far the most useful book yet published on American reptiles, practically
the only popular book on the subject, elaborately gotten up, also indispensable to the tech-
nical herpetologist. The reptiles form a very interesting group, the study of which
during youth would do much to dispel the horror most people have of snakes, the majority
of which are not only harmless, but quite useful. This book should have a wide circulation.

STEJNEGER, LEONHARD. The Poisonous Snakes of North America. Ann. Rept. U. S.
Natl. Museum for 1893, pp- 337-487.

Describes the poisonous species, with illustrations and a lengthy discussion of the
effects of the poison and methods of treatment.

Io4 UNIVERSITY OF COLORADO STUDIES

Dickerson, Mary C. The Frog Book. Doubleday, Page & Co. 1907. 240 pages.
$4.

Describes the species of toads and frogs, illustrated by over 300 photographs from life
with minute discussion of life-histories and an extensive bibliography. The most useful
popular book treating these interesting animals, indispensable to one who wishes to study
them in detail.

Herrick, C. L., TERRY, JOHN, AND HERRICK, H. N. Notes on a Collection of Lizards
from New Mexico. Bull. Univ. N. Mex., Vol. I, 1898, pp. 117-148 and plates.

BIRDS

NEWTON, ALFRED, AND GApDOow, Hans. A Dictionary of Birds. Adam & Charles

Black, London. 1893-1896. 1058 pages.

As the title indicates, the subjects such as “Feathers,” “Flight,” “Finches,” “Swal-
lows,” etc., are arranged alphabetically, not systematically. Contains general information,
not descriptions of species. Authoritative and very useful.

Evans, A. H. The Cambridge Natural History. Vol. IX, Birds. The Macmillan

Co. 1899.

A general treatise on structure and habits of the various groups, more particularly
for advanced students. Does not describe species.

BrEEBE, C. WittiAM. The Bird: Its Form and Function. Henry Holt & Co. 1906.

496 pages. $3.50.

One of the most important recent books for general students of birds, containing much
not found elsewhere in so accessible a form, concerning structure and adaptation thereof
to habits. Not a descriptive work on anatomy, but rather on the relation of parts, with
inquiry as to reasons therefor, taking up in order the feet, wings, bills, etc. Very useful
for anyone fond of nature, and helpful in understanding like features in other groups,
such as mammals, reptiles, etc.

KEYSER, LEANDER S. Birds of the Rockies. A.C. McClurg & Co. 1902. 345 pages.
$1.50.

The title seems a misnomer. It does not describe birds or their habits to any great
extent, but tells of the author’s interesting experiences in Colorado in search of birds. Its
chief ornithological value is a briefly annotated list of Colorado birds in the back of the
book.

HERRICK, FRANCIS Hopart. The Home Life of Wild Birds. G. P. Putnam’s Sons.

IQOl. 243 pages. $2.

A fine exposition of modern methods and results of hunting birds with camera instead
of with shotgun, studying them at short range. Contains much information, as a result
of such close study, as to nesting habits, food of nestlings, etc., not found in other books.

FINLEY, WILLIAM LOvVELL. American Birds. Charles Scribner’s Sons. 1907. 250
pages. $1.50.
An account of field observations of many species at short range, with a vast amount

of information on habits, superbly illustrated by numerous photographs clearly showing
the possibilities in the use of the camera for the study of wild creatures.

WEED, CLARENCE M., AND DEARBORN, NED. Birds in Their Relation to Man. J. B.

Lippincott & Co. 1903. 373 pages. $2.50.

Treats of the food habits of birds and their usefulness, a most important phase of
bird study. A summary of our knowledge of the subject, bringing into one volume of
convenient size and low price the information which was scattered through innumerable

LIST OF NATURAL HISTORY WORKS 105

bulletins, etc. Contains an extensive bibliography of economic ornithology, and as every-
one interested in the subject should have this book we omit from this catalogue all those
papers.
ForBUSH, EDWARD HowE. Useful Birds and Their Protection. Massachusetts State Board
of Agriculture 2d ed., 1907. 422 pages. $1.
A very elaborate work, treating economic ornithology first in a general way, then in
detail with reference to Massachusetts species. The most useful American work on the
subject. Well illustrated.

RipGway, RoBEert. Birds of North and Middle America. U.S. Natl. Museum, Bull.
No. 50, Parts I toIV. 1901-1907. Other parts to follow.

The greatest technical systematic work on American ornithology, intended to describe
all the species in eight good-sized volumes. Descriptions are full and minute, an exhaustive
bibliography accompanying each description. Contains nothing concerning habits.
Available in larger public libraries.

Ripeway, ROBERT. A Manual of North American Birds. J. B. Lippincott & Co.
4th edition. 1900. 614 pages. $7.50.

A descriptive manual in one thick volume arranged in form of a key. Descriptions
brief and technical. Figures of bills, feet, and wing and tail feathers in back of book.
Very convenient for identification of birds in the hand for minute examination, not so
useful for beginners or for field use.

CoUvuES, ELLIOTT. Key to North American Birds. Dana Estes & Co. 5th edition, 1903.
2 Vols. (Former editions one volume.) 1152 pages. $12.50.

Descriptions more extended and somewhat less technical than in Ridgway’s Manual,
with considerable information on habits and many useful illustrations, consequently better
for the general non-technical student who deals with birds chiefly in the field. A valuable
introduction deals with structure, classification, the collecting and preserving of birds, nests,
eggs, and other useful information, unfortunately not revised in the last edition.
CHAPMAN, FRANK M., AND REED, CHESTER A. Color Key to North American Birds,

Doubleday, Page & Co. 1903. 289 pages. $2.50.

The most useful book for amateur identification of birds in the field. Descriptions
meager but aided by about 800 colored figures, which, though small and not works of art,
enable one readily to recognize many species.

CHAPMAN, FRANK M. Handbook of Birds of Eastern North America. D. Appleton &
Co. 6th edition, 1903. 414 pages. $3.

BAILEY, FLORENCE MERRIAM. Handbook of Birds of the Western United States. Hough-
ton, Mifflin & Co. 1902. 485 pages. $3.50.

General plan of these two handbooks the same, one covering eastern species, the
other confined to the Rocky Mountain and Pacific Coast Regions and therefore more useful
to western students. The descriptions are brief and non-technical, illustrations helpful
and prices bring them within reach of many who would not feel justified in purchasing the
great works of Ridgway and Coues.

BairD, S. F., CASSIN, JOHN, AND LAWRENCE, G.N. A Monograph of the Birds of North
America North of Mexico. Pac. R.R.Survey Repts. Vol. IX. Washington. 1858.
Describes all birds known for the United States and Canada at that time, once most

mportant but now supplanted by later and more complete manuals.

KNIGHT, WitBUR C. The Birds of Wyoming. Wyo. Exper. Sta., Univ. of Wyo., Agric.
Dept., Bull. No. 55. 1902.

106 UNIVERSITY OF COLORADO STUDIES

Cooke, W. W. Birds of Colorado. Agric. Exper. Sta. of Agric. College of Colo., Bulls.
No. 37 (1897), 44 (1898) and 56 (1900).

These four pamphlets are most necessary for Rocky Mountain ornithologists, being
complete catalogues of the known species of the two states up to time of publication, with
valuable notes on distribution, abundance, migration, habits, etc. A few species since
found in Colorado are recorded in The Auk.

CoveEs, Extiott. Birds of the Northwest. U.S. Geol. & Geog. Sur. Terr. (Hayden
Survey), Miscel. Pub. No. 3. 1874.

A very valuable treatise on habits of a large number of Rocky Mountain and Pacific
Coast species.

CoveEs, Ettiott. Birds of the Colorado Valley. U.S. Geol. & Geog. Sur. Terr. (Hayden
Survey), Miscel. Pub. No. 11. 1878.

“A repository of scientific and popular information concerning North American
ornithology,” particularly useful to western students.

BENDIRE, CHARLES. Life Histories of North American Birds with Special Reference
to Their Breeding Habits and Eggs. U.S. Natl. Museum. Part 1, Spl. Bull. No. 1,
1892; Part 2, Spl. Bull. No. 3, 1895.

Exhaustive accounts of habits, with magnificent colored plates of the eggs. Death
of the author prevented completion of the work which was intended to cover all North
American species in five quarto volumes.

REED, CHESTER A. North American Birds’ Eggs. Doubleday, Page & Co. 1904.
365 pages. $2.50.

Very briefly describes the birds, nests, eggs and habits. Eggs figured in black and
white, showing distribution of colors as well as possible without the actual colors and
showing the shape accurately.

MERRIAM, FLORENCE A. Birds of Village and Field. Houghton, Mifflin & Co. 1808.
400 pages. $2.

Brief descriptions and copious comments on the habits of over 150 common species
of birds, with a key thereto by colors for use in the field. An excellent book for beginners.
MILLER, OLIVE THORNE. The First Book of Birds. Houghton, Mifflin & Co. 1899.

144 pages. 60 cts.

The best general bird book for children, telling of the living bird, its structure, growth
and habits, not describing species. Language simple and clear.

MILLER, OLIVE THORNE. The Second Book of Birds. Houghton, Mifflin & Co. r1gor.
204 pages. $1.10
Supplements “The First Book of Birds,” treating them in a general but systematic

way by families, with accounts of the principal species under each family.

Eckstrom, FANNIE H. The Woodpeckers. Houghton, Mifflin & Co. 127 pages. $r-
A fine popular account of these birds which are so useful to mankind in the preser-

vation of trees from the ravages of insects.

CHAPMAN, FRANK M. The Warblers of North America. D. Appleton & Co. 1907,
300 pages. $3.

An elaborate, authentic, up-to-date monograph of the wood warblers, with excellent
colored plates.

FisHER, A.K. The Hawks and Owls of the United States in Their Relation to Agriculture.
U. S. Dept. Agric., Div. Orn. & Mam., Bull. No. 3. 1893.

LIST OF NATURAL HISTORY WORKS 107

A very important monograph, containing detailed account of the habits of the various
species, illustrated by colored plates.

Ripcway, Rospert. The Humming Birds. U. S. Natl. Mus., Ann. Rept. for 1890,

Pp. 253-383.

The standard work on the hummers, well illustrated.

BENDIRE, CHARLES. The Cowbirds. U.S. Natl. Mus., Ann. Rept. for 1893, pp. 587-624.

With plates.

E.tiott, Dante G. North American Shore Birds. Francis P. Harper. 1895. 253
pages.

An authoritative non-technical monograph of North American snipes, sandpipers,
plovers, and their allies. Illustrated.

SANDYs, EDWYN, AND VANDyYKE, G. S. Upland Game Birds. The Macmillan Co,

1902. 414 pages. $2.

Describes the partridges, quail, grouse, ptarmigan, turkeys, woodcock, plover, cranes
and mourning dove, with extended notes on habits.

GRINNELL, GEORGE B. American Duck Shooting. Forest & Stream Pub. Co. 1gor.

616 pages. $3.50.

This work, instead of being a collection of hunting stories as one might infer, is an
extended illustrated monograph of the American ducks, geese and swans, with full accounts
of their habits and the methods of hunting them, in interesting, non-technical language.
SANFORD, L. C., BisHop, L. B., AND VAN DyKE, T.S. The Water Fowl Family. The

Macmillan Co. 1903. 579 pages. $2.

A full descriptive discussion of the ducks, geese, swans, waders and shore birds, and
their habits, with a fine account of hunting methods.

The Auk. Vols. I-XXIV. 1884-1907. The American Ornithologists’ Union. $3 per
year.

A thick quarterly, the leading American ornithological magazine.

The Condor. Cooper Ornithological Club. Vols. I-IX. 1899-1907. $1.50 per year.

An excellent bi-monthly magazine devoted to western ornithology.

Bird-Lore. The Macmillan Co. Vol. I-IX. 1899-1907. $1 per year.

The leading popular bird magazine of America, “published for the Audubon Socie-
ties.’ Bi-monthly.

Birds and Nature. (At first called simply “Birds.””) Vol. I-XIX. 1896-1907. A. W.

Mumford.

A popular magazine, illustrated by “color photography.’ Suspended in June, 1907.

MAMMALS
BEDDARD, FRANK E. The Cambridge Natural History: Mammalia. The Macmillan
Co. 1902. $4.
A general treatise on mammals, discussing their characteristics and traits in a syste-
matic way.
INGERSOLL, ERNEST. The Life of Animals: The Mammals. The Macmillan Co. 2d
edition, 1907. 526 pages. $2.
A highly interesting and instructive work, treating accurately but in popular language

the habits of mammals in a wild state, with more or less discussion of structure and relation-
ships and extensive bibliography.

108 UNIVERSITY OF COLORADO STUDIES

STONE, WITMER, AND CRAM, WM. E. American Animals. Doubleday, Page & Co.

Ig02. 318 pages. $3.

Deals with mammals, not animals in general. A general account in popular language
of the various families and some of the principal species, with brief descriptions and notes
on habits. Many full-page illustrations. Though chiefly eastern, very useful in the West
in the absence of recent elaborate manuals such as we have of the birds.

BAIRD, SPENCER F. Monograph of the Mammals. Pac. R.R. Survey Repts. Vol. VIII.

1857.

Includes all mammals known in the United States to time of publication and many
plates. Though old, it is still almost indispensable to students of mammals, but must be
used with caution, as many more species are now known and nomenclature is ancient.
Exuiott, D. G. Synopsis of the Mammals of North America and the Adjacent Seas.

Field-Columbian Museum, Zodl. Ser., Vol. II. 1901. Also supplement, Vol. II,

No. 2.

Very briefly describes the species, with numerous figures, mostly of skulls. Very
important, bringing together the described species.

WARREN, EDWARD R. The Mammals of Colorado. Colorado College Public., Vol. IX,

PPp- 225-274. 1906.

Gives known range of all species recorded for the state up to time of publication, with
bibliography. A great aid to students of Colorado mammalogy and should stimulate an
interest in the subject.

CouEs, ELLIOTT, AND ALLEN, J. A. Monograph of North American Rodentia. U. S.

Geol. & Geog. Sur. Terr. (Hayden Survey), Mon. Vol. XI. 1877.

An elaborate descriptive manual of rodents in a thick quarto volume, indispensable
to mammalogists, the order including a large proportion of our mammals.

CouEs, ELLiotr. Fur-Bearing Animals: A monograph of North American Mustelide-

U. S. Geol. & Geog. Sur. Terr. (Hayden Survey), Miscel. Pub. No. 8. 1877.

Gives descriptions and copious notes on habits of wolverines, martens, ermines, minks,
weasels, skunks, badgers and otters.

ALLEN, HARRISON. A Monograph of the Bats of North America. U.S. Natl. Mus.,

Bull. No. 43. 1893.

ROOSEVELT, THEO., VANDYKE, T. S., ELtiotr, D. G., AND Stone, A. J. The Deer

Family. The Macmillan Co. 1903. 325 pages. $2.

A general account, in popular style, of the species of deer, etc., including the prong-
horn antelope, which does not belong to that family.

WHITNEY, CASPER, GRINNELL, GEO. B., AND WISTER, OWEN. Muskox, Bison, Sheep
and Goat. The Macmillan Co. 1904. 274 pages. $2.

Of same nature as The Deer Family.

BURROUGHS, JOHN. Squirrels and Other Fur-Bearers. Houghton, Mifflin & Co. 144
pages. 60 cts.

A very entertaining account of squirrels, woodchucks, rabbits, skunks, foxes, weasels,
minks, raccoons, porcupines, opossums, mice, etc., in popular language. Interesting to
all, especially valuable for children.

WRIGHT, MABEL Oscoop. Four-footed Americans and Their Kin. The Macmillan Co.

432 pages. $1.50.

Natural-history facts told in fine story form for young folks. Well illustrated.

LIST OF NATURAL HISTORY WORKS 10g

Lyon, Marcus WARD. Classification of the Hares and Their Allies. Smithsonian Misc.
Collec., Vol. XLV, pp. 321-447. 1904.
True, F. W. A Revision of the American Moles. Proc. U. S. Natl. Mus., Vol. XIX,

pp- 1-111. 1897.

BAILEy, VERNON. The Pocket Gophers of the United States. U.S. Dept. Agric., Div.
Orn. & Mam., Bull. No. 5. 1895.

BaILEy, VERNON. The Prairie Ground Squirrels or Spermophiles of the Mississippi
Valley. U.S. Dept. Agric., Div. Orn. & Mam., Bull. No. 4. 1893.

PatmMer, T.S. The Jack Rabbits of the United States. U.S. Dept. Agric., Div. Biol.
Sur., Bull. No. 8. 1897.

Merriam, C. Hart. “The Prairie Dog of the Great Plains.”” U.S. Dept. Agric., Year
Book for Ig0I, pp- 257-270.

North American Fauna. U.S. Dept Agric., Div. Biol. Sur. 1889-1907.

The following numbers of this excellent series are particularly useful, authors names
and dates being omitted and titles abbreviated:
1. Revision of North American Pocket Mice.
8. Revision of Pocket Gophers.
10. Revision of Shrews of Genera Sorex, Notiosorex and Blarina.
11. Synopsis of Weasels.
12. Genera and Subgenera of Voles and Lemmings.
13. Revision of Bats of Family Vespertilionide.
15. Revision of Jumping Mice of Genus Zapus.
17. Revision of Voles of Genus Microtus.
18. Revision of Pocket Mice of Genus Perognathus.
20. Revision of Skunks of Genus Chincha.
26. Revision of Skunks of Genus Spilogale.

Ye mi

‘ ie
i? 4 ;

ECOLOGICAL NOTES FROM NORTH-CENTRAL
COLORADO

By FRANcIS RAMALEY AND W. W. RoBBINS

The following three studies were made by the writers in June 1907
while on a collecting trip in northern Larimer County, Colorado. All
the work was recorded in the field notebooks. The office work has
consisted in putting the material into form for publication.

Vegetation Studies at Red Mountain.—Red Mountain! is in Larimer
County, Colo., about 26 miles by road northwest of Ft. Collins. It isa
butte formed by the erosion of wide valleys all around it. The material
of the mountain is sedimentary rock, chiefly rather fine-grained sand-
stone. The strata are nearly horizontal and the harder and softer
layers, weathering at different rates, mark off a series of ledges at dif-
ferent heights. The top of the mountain has an altitude of 7,095 feet
and extends about 600 feet above the surrounding country. Cerco-
carpus bushes (Cercocarpus parvifolius) are distributed about evenly
all over the top and sides of the mountain but these thin out and stop
rather abruptly at the base where the inclination of slope is more gradual
and where there is an accumulation of soil.2 On the north side of the
mountain only there are some scattered pines (Pinus scopulorum) and
cedars (Sabina scopulorum) but these are all very far apart.

A typical place on the south side of the mountain was selected for
study and an area two meters square sloping gently to the south was
staked off and mapped. The map, which is here reproduced, shows the
location of Cercocarpus bushes and indicates their distance apart. In
addition to these shrubs there are various herbaceous plants as indicated.

Immediately at the south base of Red Mountain is a considerable
area, about 500 meters wide sloping down to Ten Mile Creek, the soil
of which is a fine-grained sand. Here there is a valley grassland for-

1 For a map of this region see an article entitled ‘‘Botany of Northeastern Larimer County, Colo.,” by
RAMALEY in these Studies, Vol. V, pp. 119-131.
2 See in this connection the account of the Cercocarpus Scrub Formation in the article named above.

IIt

II2 UNIVERSITY OF COLORADO STUDIES

mation but with bunches of shrub-like plants chiefly Glycyrrhiza lepidota,
Chrysothamnus graveolens and Eurotia lanata.

oe
eit

AN

He
ean

ba

i
cae

ae

DETAILED VEGETATION Map OF Two SQUARE METERS ON RED MOUNTAIN,

In making the map tapes were used to divide the area into 2-dm. squares. These are
indicated on the map. All of the plants are shown on the map. Diagonal lines indicate
Cercocarpus, dotted areas are grass patches, broken horizontal lines represent Euphorbia
robusta. The following are designated by their initial letter: Allium, Gaura, Harbouria,
Pentstemon, Tetraneuris.

South and west of Red Mountain are rolling plains formed of dis-
integrated sedimentary rock. The altitude of these plains is about 6,400
feet. They represent a very broad lateral valley extending to the foot-

ECOLOGICAL NOTES 113

hills a few kilometers to the west. These plains have a dry grassland
vegetation with Cercocarpus on any sharp knoll-tops and with soap-
weed (Yucca glauca) on the south exposures of rounded eminences.
Low grasses and low species of Artemisia form probably four-fifths of the
soil cover. Other plants which are somewhat abundant are Aragallus
multiflorus, Aragallus lamberti, Leucocrinum montanum, Tetraneuris
acaulis, Oreocarya virgata, Arenaria hookeri, Euphorbia robusta, O puntia
missouriensis, Cactus missouriensis, Harbouria trachy pleura, Homalobus
caespitosus, Senecio douglassu, Eriogonum alatum, Chrysothamnus
platiensis, Astragalus drummondii, Pulsatilla hirsutissima. In shallow
draws Symphoricar pos occidentalis, Rhus irilobata and Prunus melano-
carpa occur. The soil of these plains is very coarse, derived from the
conglomerates of the sedimentary series, but it is so slightly disintegrated
that it is often difficult to distinguish it from decomposed granite. This
area is interesting from the fact that the plants other than grasses and
species of Artemisia are so abundant both in species and in individuals.
It differs in this respect from the usual valleys of the sedimentary region.
Probably this is because here it is conglomerate which has made the soil,
while in other valleys it is a fine-grained sandstone and much better.
calculated to support grass and sagebrush but not so suitable for other
plants.

A Square Mile of Rock Ridge and Foothills.—A study was made
of a square mile (Section 35; T. 12, N.; R. 70, W.), and a vegeta-
tion map made, which is here reproduced. On this map are shown the
various formations. The relative frequency of the various kinds of
plants is also indicated, where a close formation occurs the conventional
signs used are put close together. The signs used do not, however,
represent individual plants. The plant formations’ of this square mile are
those found generally in the northern part of Larimer County, Colorado,
along the contact of the granites and the sedimentary deposits, viz.:
Cercocarpus Scrub Formation, Valley Grassland, Upland Dry Grass
Formation, Canyon Forest Formation, Foothill Forest Formation.

Plants of a U-shaped Gulch.—The gulch studied is about 4oo feet
wide as measured.along the ground surface. North Box Elder Creek,

* These formations are somewhat fully discussed in the article previously cited.

II4 UNIVERSITY OF COLORADO STUDIES

e@%eteee

@ Men.

get ett eee

oe

_
= as CAC EA ° e
2 us -. @ ee .? e
es tke wu eed
watch |i = EF = E e pits
_ Cercocarpus Pinus scopulorum Carex Pseudotsuga

VEGETATION Map oF A SQUARE MILE IN NORTHEASTERN LARIMER COUNTY, COLORADO

Contour intervals 50 ft. Unmarked areas are grassland. At the western edge of
the section are low granite hills with a sparse covering of pine and some scattered Cerco-
carpus and some other bushes, with grasses and various flowering herbs (Foothill Forest
Formation). To the east of this is a lateral valley with fine-grained soil supporting a grass-
land formation. Farther east is a series of sedimentary ridges. At the northeast of the
section is a steep gulch with flowing water. Attention is called to the patches of Upland
Dry Grass Formation scattered through the sedimentary area and especially to the sharply
marked western boundary of the Cercocarpus Formation. The rock ridges of the eastern
part of the section contain lime salts and here even the Cercocarpus bushes are widely
separated and there are very few grasses and other herbs.

ECOLOGICAL NOTES I15

which runs through the gulch, is 6,923 feet above sea level at the place
studied. The hills at the side are about sixty feet higher. A west and
east line from the top of one hill down through the gulch and up the
other side was laid off with stakes every twenty feet. Every plant
along this line was recorded and its exact position noted in feet and
inches from the preceding stake. This record shows very well the relative
abundance of the plants which occur here; while the number of plants
found in any of the twenty-foot distances shows the relative closeness or
openness of the formation. A few sample records only are given below.

Between Stake 1 and Stake 2 the ground slopes gently to the east.
Here 52 plants were touched by the tape-line stretched between the
stakes. As most of the plants were not in flower they could not be
identified fully but the list will serve the purpose intended, viz., to show
the general character of the vegetation with reference to slope, altitude
(which here means moisture), character of soil, etc.

Tigra an Name of Plant ee iran Name of Plant
Lye) Mire CT TA CR NGS 1a a brs
One 2 Sage TON Na! Aragallus
6 Green sage
9 Sage 8 : Grass patch
II Selaginella BE a Aragallus
cect Grass 7 Grass
Be) Sage bie) ‘ .
Se Ri auhie sale Antennaria
4 e 4 Eriogonum
II Sage 12), 10 Aragallus
7 Sage 5 Aragallus
5 Sage 10 Aragallus
II Sage TA Sage
a : a i TS ‘ Grass patch
Io Green Sage Io Sage
Anu - TOMO Aragallus
a Selaginella 3 Grace
5 10 Sage 8 Grass
Ono Grass LEO Collinsia
Io Composite TS}, Aragallus
Paice: 4 Composite
5 ' Grass patch 8 Aragallus
II Aragallus ni) se. Collinsia
: e Antennaria 3 ; Aragallus

CaM (is f Grass patch

116 UNIVERSITY OF COLORADO STUDIES

Between Stake 5 and Stake 6 the ground slopes more abruptly and
here only 18 entries were made. ‘These entries are all for single plants,
none representing patches or mats. Here is then a very sparse vegetation
due to the steepness of slope and insecure footing. Following is the
list :

Distance from Distance from
Stake 5 Name of Plant Stake 5 Name of Plant
Ft. In. Ft In:
Ons Grass ca - Sage
Tey Harbouria Wile te Grass
Yao) Potentilla if Sedum
5 Pinus scopulorum 16. +3 Potentilla
Sao Collinsia 6 Potentilla
ums Eriogonum II Lithospermum
tc ee 4 Sage ct Mame Lithospermum
rari aa Grass 8 Grass
Te fe Sedum roy atte Grass

Between Stake g and Stake 10 the tape passed across a sedge-grass
society, a close formation with nothing but sedges and grasses. The

@ 9 0 WN 12 13 I 1] 16 19 20 2)
PROFILE OF THE U-SHAPED GULCH DESCRIBED IN THE TEXT
The vertical lines represent imaginary lines drawn from the stakes down to the level
of the creek-bed where the numbers of the stakes are indicated. Distance between vertical
lines is 20 feet. The same scale is used for both horizontal and vertical distances. Stake
t is near the top of the slope at the west side of the gulch and Stake 21 is at the same
altitude on the east. Box Elder Creek flows between Stakes 13 and 14.

soil here was quite moist. Stakes 12 and 13 are both down in the floor
of the gulch on level ground with good soil, quite moist. The formation
is close with practically no bare ground. Large patches of grass occur
as well as clumps of Senecio, Achillaea and Salix. The entries were
made in the following order, distances being omitted here for sake of
brevity:

Grass and Achillaea patch, Plantain, Composite, Achillaea, Grass patch, Mimulus,

Meadow grass, Achillaea, Mimulus, Senecio, Cow parsnip, Salix, Mertensia, Mertensia,
Salix.

ECOLOGICAL NOTES II7

In the next twenty feet the following entries were made; distances again
omitted here although recorded in the field notes:

Mertensia patch, Salix clump, North Box Elder Creek, Grass patch, Dodecatheon
patch, Grass patch, Grass and plantain, Grass patch, Cow parsnip, Grass patch, Cow par-
snip, Grass patch.

Between Stakes 14 and 15 the conditions are similar. Here the following
records were made:

Grass patch, Carex patch, Grass patch, Collinsia, Mentha, Collinsia, Sedge and
grass patch, Grass patch, Carex.

Stakes 19 and 20 are high up the east side of the gulch. A list of the
entries shows plants similar to those at the top of the gulch on the other
side.

Lichens on rock, Opuntia, Pentstemon humilis, Lichens on rock, Pentstemon humilis,
Grass, Geranim, Grass, Sage, Senecio, Grass, Lichens on rock, Senecio, Senecio, Sage,
Draba, Sage, Sage, Grass.

This gulch study is published to give an idea of the differences in the
plants along the slopes and in the bottom of such a depression. Of
course everyone knows that such differences are manifest, but an accurate
statement of conditions in a definite place may be worth while.t An
examination of the list of plants printed above will give a fair idea of the
species represented and of the character of the plants in the drier sloping
parts and the moister gulch floor.

t No originality is claimed by the writers in the method of this study. Such ‘‘transects’’ are fully dis-
cussed by Professor Frederic E. Clements in his important work Research Methods in Ecology, pp. 176-181,
1905.

aba r ¥ te , ‘in Mane » Pes, Pas

CRAG EN lc

ci
Pie Cabs wat

A eu)

BOTANY OF NORTHEASTERN LARIMER
COUNTY, COLORADO

By FRANCIS RAMALEY

Introduction.—In June, 1907, a party of four naturalists* spent two
weeks in north-central Colorado in the interest of the University of
Colorado Museum. Although the expedition was planned for the pur-
pose of making collections, a considerable number of interesting facts?
were gathered which seem worth while publishing at the present time.
The author’s long acquaintance with the plants of Boulder County has
made it possible to classify the formations even with a short study of
field conditions in the district under consideration.

The Area Visited.—The area visited embraces a portion of Larimer
County extending from Ft. Collins north to the Wyoming line. A con-
siderable distance the wagon road extends along the “Glade” which is
a lateral valley between sedimentary ridges extending in a north and
south direction a short distance east of the granite foothills. From Owl
Canyon part of the way was along Ten Mile Creek, still in the sedimen-
taries, while the most northern part of the journey was in the foothill
country. The most distant camp was made on North Box Elder Creek
35 miles north of Ft. Collins. From this point trips were made north
into Wyoming and east to the high plains and the sedimentary rock
ridges. About 150 square miles were examined in somewhat cursory
fashion and a number of smaller areas carefully studied and mapped.
The trip was made from Ft. Collins by camp wagon; saddle horses were
used in making all extensive side trips, in order to save time.

Altitudes.—At Bellevue, a short distance west of Ft. Collins the altitude
is 5,125 ft. From here, passing northward up the main highway or
“Glade Road,” there is a steady and gradual ascent to Owl Canyon
where the altitude is about 5,900 ft. The ridges at this point are of

: Judge Junius Henderson, Mr. G. S. Dodds, Mr. W. W. Robbins and the writer.

2 Other articles by different members of the party are planned which will deal with geology and
paleontology.

Bie)

I20 UNIVERSITY OF COLORADO STUDIES

various heights up to 200 ft. above the bed of Owl Creek. Farther
north there is a continued rise in the general level as is shown by the

OUTLINE Map or NortH-CENTRAL COLORADO

F Only a few of the streams are shown. Larimer County, at the top of the map, is
entirely east of the continental divide. Ft. Collins, the county seat, is on the plains a few
miles east of the sedimentary rock ridges. The area described in this paper extends north
from Ft. Collins to the Wyoming line. Reference figures: 1. Box Elder; 2. Red Moun-
tain; 3. Owl Canyon.

course of streams which is essentially toward the south. At the point
where the North Box Elder cuts through its granite canyon into the

BOTANY OF LARIMER COUNTY I2I

sedimentaries the altitude is about 6,900 ft. The highest sedimentary
ridges and buttes are 7,200 ft.

The Rock Ridges.—These are the upturned edges of harder layers
of a sedimentary series lying above the granites of the Rocky Moun-
tains. The strata dip to the east at some points as much as 20 or 25
degrees (Owl Canyon) and at others (Red Mountain) they are almost
horizontal. For some distance south of the Wyoming line the strata
form a long series of many ridges extending north and south and
parallel with the foothills. These ridges show the following formations
named in order from above downward:

Niobrara Chugwater
Benton Lyons
Dakota Fountain
Morrison

The lowest member of the series, the Fountain, is a coarse, red conglom-
erate, in many cases rather difficult to distinguish from the underlying
granites. Red sandstone is, however, the prevailing material of the
ridges and this in weathering produces a fine-grained, compact soil.
Alternating layers of harder and softer material become eroded at dif-
ferent rates and this leads to the formation of the series of ridges all
sloping to the east, while on the west there may be rather abrupt escarp-
ments. (See Figs. 1, 3, 4.)

The width of the entire sedimentary formation from Fountain to
Niobrara varies from three to ten miles. Deep canyons are cut through
the ridges at various points. Generally these take a zigzag course
first south between two ridges, then east through a ridge, then south
again. Isolated portions of the ridges are cut off by stream erosion and
in places where the strata are nearly horizontal steep-walled buttes and
hills are formed. Some of these have escaped much of the general
erosion and now tower far above the general level of the surrounding
ridges. Red Mountain is a good example of this condition. Very
little soil is to be found on the rock ridges, but here and there a part
of the ridge has been so eroded as to deposit washings as a small alluvial
fan. In such places there is grassland, while most of the ridge is covered
with scrub.

I22 UNIVERSITY OF COLORADO STUDIES

The Granite Foothills.—These are well rounded hills furnishing an
example of old topography. Gulches cut by stream erosion are deep
but mostly broad with rather gently sloping sides, in marked contrast
to the abrupt walls of the gorges in the sedimentary rocks. Disin-
tegration of the exposed granite extends for a few inches or a few feet
in depth and cracks as well as soft streaks in the rock permit the roots of
shrubs and trees to penetrate as far as need be for moisture. On level
ground, especially in lower places where an accumulation of soil has
occurred, there is a well-developed plant covering, but on steep slopes
and on the tops of hills only trees and shrubs with roots far down in
rock crevices can exist with any degree of security. The weathering
of the rock is continually loosening the foothold of herbaceous plants.
(See Figs. 6, 8, 9.)

Soil.—A large part of the rock ridges is entirely without soil. Where
soil accumulates it is rather fine grained, bakes hard, and dries quickly.
It is very difficult for shrubs and trees to gain a foothold here and so
these places are generally covered with grass and herbaceous plants.
Such grassy patches do not occur on the granite hills for when soil
accumulates there it leads to development of shrub growth. The soil of
canyons shows an accumulation of humus due to the decaying leaves of
deciduous trees and shrubs which grow along the stream-banks. Moist
meadows, with abundant humus, and even swamps, are found in the
valleys of the granite hills. Such meadows do not occur so frequently
in the region of sedimentaries, but occasional meadows are found:
mention may be made of a broad meadow east of Owl Canyon where
a thin layer of humus was seen to overlie the sandstone bed rock. Layers
of gypsum and other calcareous material occur at different points in the
sedimentary series and when these weather out they form a soil which
will support very little vegetation of any kind.

Climatic Conditions.—All of the region studied is arid. At Ft.
Collins the average annual rainfall is 14.4 inches. No other records
from stations near at hand are known to the writer. However, it can
scarcely be doubted that the precipitation is greater at higher altitudes
than at lower and that all of the district studied has a greater rainfall
than that recorded for Ft. Collins. The difference is probably not more

BOTANY OF LARIMER COUNTY 123

than three or four inches per annum. Winters are cold and summers
hot. There is a great daily range of temperature. At Ft. Collins the
average annual temperature is 46.7 degrees Fahrenheit. Extremely
low temperatures, as low as — 20 degrees occur a few times each winter.
There is a great deal of wind and this comes chiefly from the west and
‘northwest as is seen by the bent and twisted tops of the pine trees on the
ridges and foothills.

Floras of the Granite and Sedimentary Areas.—Since these two
areas are in contact and extend for long distances at about the same
altitude it is natural that they should have about the same species of
plants. The pines (Pinus scopulorum) and cedars (Sabina scopulorum)
are the only trees except in the gulches and on steep north slopes. Owing
to the extremes of temperature and the slight rainfall together with the
scarcity of soil, the formations are open. No close growth of pine was
seen and the cedars are everywhere widely scattered, for the most part
placed on exposed rocks at the tops of abrupt slopes. The most striking
difference in the vegetation of the two areas is seen in the presence of a
dense scrub of Cercocarpus over most of the sandstone and its almost
entire absence on the granite. Lichens, though everywhere present on
the granites are not at all common on the sandstone, and Selaginella
also seems confined to the granite area. It is quite likely that Selaginella
gets over on to the sedimentary rocks in places in this district, for it is
abundant on rocks of the same geological formation at Boulder less than
one hundred miles south.

Owl Canyon and Vicinity.—Owl Canyon is a steep-walled gorge
about a half-mile long cut through the lower members of the sedimentary
series, which here dip to the east at an angle of about 15 degrees. The
south wall of the canyon, being well shaded, affords an opportunity for
the growth of a large number of species of shade plants, while the north
wall, exposed to the hot sun, has a typical dry-ridge flora. A continua-
tion of this latter formation is found on top of the ridge where conditions
of extreme dryness exist due to lack of soil, exposure to wind and extreme
insolation. Owl Canyon and vicinity were frequently visited by Pro-
fessor C. S. Crandall, who was for a long time botanist of the Colorado
Agricultural College, at Ft. Collins. A considerable number of species

I24 UNIVERSITY OF COLORADO STUDIES

collected by him and recorded in the Flora of Colorado* are known
from Colorado only by these collections.

‘“‘The Glade.’?—This is a long north and south valley lying between
sandstone ridges varying in height at different points. In width the
valley is from one-eighth to one-quarter of a mile. The soil is fine-
grained sand with very little lime—well suited to the growth of grasses
and sagebrush, but not to trees and shrubs. At the lower end of the
“Glade” near Bellevue the ridges are quite low at the sides of the
narrow valley, but farther north they are much higher, rising a hundred
or two hundred feet above the valley. The vegetation of the “Glade”
is that of the lateral valleys generally and is described later under the
heading “Valley Grassland Formation.”

Plant Formations.—The following plant formations may be distin-
guished in the area under consideration:

Cercocarpus Scrub Formation.—This is characteristic of the sedimentary rock ridges.
Usually a rather close scrub but more open in places where the soil contains lime salts.

Valley Grassland Formation.—Found in the valleys which lie between parallel ridges.
There is a mixture of grasses and mountain sage with other herbaceous plants.

Upland Dry Grass Formation.—Small xerophytic grass patches on areas of close-
grained soil scattered along the rock ridges.

Canyon Forest Formation.—Mixed forest of deciduous and coniferous trees occupying
narrow canyons and stream-banks.

Foothill Sagebrush-Grass Formation.—A xerophytic grassland formation with low-
growing species of sagebrush (Artemzsia) and various perennial flowering herbs.

Foothill Forest Formation.—An open forest on the granite foothills dominated by Pinus
scopulorum.

Meadow Formation.—Characteristic of poorly drained humus soil along streams, and
of low, moist places in the lateral valleys even where there is no running water.

Cercocarpus Scrub Formation.—In naming this formation by its
shrub constituent (Cercocarpus parvifolius) rather than from the trees.
(Pinus scopulorum and Sabina scopulorum) it is well to state that the
shrubs form really the all-important feature. The trees are so few that
they make little impression to the eye while the shrubs, especially at the
line where they meet the Valley Grassland Formation, are very con-
spicuous. At this place there is often a distinct line where the shrubs
stop, with no stragglers at all extending to the fine-grained soil below.

t RYDBERG, Flora of Colorado, Bull. 100 Colo. Agr. Coll. Exp. Sta. 1906.

BOTANY OF LARIMER COUNTY I25

This condition, while not universal, is to be considered as the rule. The
grass, however, does not stop so abruptly, bunches of it extend all
along up through the scrub. Although the shrubs occur only on the
tops of the ridges and on the steep slopes, it must not be supposed that
their distribution is determined by altitude and its consequent tempera-
ture. This is easily proven because the ridges near Bellevue bear the
shrubs in great number at an altitude of less than 6,000 ft., which is a
thousand feet below the lower shrub line on the ridges east of North
Box Elder Falls. Again it is to be noted that patches of grassland
occur on level or gently sloping parts of the rock ridges wherever there
is an accumulation of soil. Hence it may be said that soil is the con-
trolling factor in determining the limits of scrub and grassland.

The Cercocarpus bushes are about three feet tal] and are, as a rule,
so closely placed that it is difficult to climb through between them. At
any rate one must take a very zigzag course in going among them.
Wherever there is an accumulation of soil they are farther apart with
bunch grass and mountain sage between them. On ledges of rock
containing lime salts the shrubs are often distantly placed giving a
truly desert appearance. Pines and cedars when present do not inter-
fere much with the shrubs as these seem able to grow up well under them,
being tolerant of some shade. (Views of this formation are shown in
Figs. 1, 2, 3, 4, and 5.)

Collections were made from the rock ridges and from the list thus
obtained together with field notes a selected list is formulated as giving
the more conspicuous or common plants in the spring and early summer.
Autumn plants are not known to the writer as the district was visited
early in the season. However, some of the perennial plants which come
into bloom later could be recognized from vegetative characters. No
shrubs occur except Cercocarpus. Pine and cedar are the only
trees.

ParRTIAL LisT OF THE PLANTS OF CERCOCARPUS FORMATION
Dominant SPECIES
Cercocarpus parvifolius
ConsPicuous SPECIES
Pinus scopulorum Sabina scopulorum

126 UNIVERSITY OF COLORADO STUDIES

ABUNDANT SPECIES

Various grasses Opuntia polyacantha
Artemisia spp. Lesquerella montana
Townsendia grandiflora Lithospermum linearifolium
Erysimum asperrimum Aragallus albiflorus
Senecio spp. Eriogonum flavum
Tetraneuris acaulis Grindelia sp.
Tetraneuris lanata Frasera speciosa
Zygadenus falcatus Leucocrinum montanum
Astragalus succulentus Astragalus drummondit
Astragalus crassicarpus Phlox bryoides
Harbouria trachypleura Aragallus multiceps
Euphorbia robusta Homalobus caespitosus
Pentstemon Pentstemon unilateralis
Cactus missouriensis Mertensia brachyloba

OccASIONAL SPECIES

Yucca glauca Helianthus petiolaris
Chenopodium sp. Arenaria hookert
Anogra sp. Antennaria sp.
Carduus sp.

Upland Dry Grass Formation.—This might be described as a part
of the valley grassland or it could be called a society rather than a forma-
tion. If the facts of the case are understood it will, however, make little
difference what name is used. This formation occurs in patches from a
few square feet to a an acre in extent scattered along the rock ridges
wherever there is an accumulation of soil. Plants of this formation
come from the Cercocarpus Scrub Formation, but shrubs and trees are
absent. Grasses form a large part of the formation. On exposed
south-facing hills Yucca glauca is often found with the grass. A list
of species would include most of those found in the scrub formation.

Valley Grassland Formation.—As previously noted this occupies
the lateral valleys of the sedimentary rock region and extends a short
distance up the ridges. It is made up of grasses and various perennial
herbaceous plants. In many places there is a considerable mixture of
wormwood or mountain sage and this if abundant gives color to the
formation when seen at a distance. Probably there are no species
entirely confined to this formation since these plants make their way
as stragglers up among the Cercocarpus bushes all along. The plants
of the valley also get into the foothills and many true foothill plants are

BOTANY OF LARIMER COUNTY 127

to be found here. Since, however, there are no exposed rocks present
the shrubs of the foothills do not obtain a foothold. In the lateral valleys
next to the granites where one side of the valley is flanked by granite
and the other by sandstone it is interesting to note that such plants as
Selaginella do not occur at all. But Selaginella is very abundant on
the exposed rocks and coarse talus of the granite hills a hundred feet
away. (The valley grassland is shown in Figs. 1 and 5.)

PARTIAL List OF PLANTS OF THE VALLEY GRASSLAND FORMATION

Bouteloua oligostachya Leucocrinum montanum
Bouteloua curtipendula Eriogonum flavum
Koeleria cristata Artemisia frigida

Poa spp. Artemisia rhizomata
Bromus porteri Artemisia gnaphaloides
Bromus pumpellianus Tetraneuris acaulis
Agropyron occidentale Pentstemon

Agropyron vaseyt Lomatium nudicaule
Hordeum pusillum Antennaria sp.
Muhlenbergia sp. Grindelia squarrosa

Canyon Forest Formation.—This formation extends along the stream
banks wherever there is a narrow canyon and is seen also in the steep
gulches which carry only storm water. It is difficult to name any one
or even a few species as characteristic of this formation.‘ However,
if it were necessary to give a name compounded of the names of character-
istic species it might be called the Pseudotsuga-Salix Formation. Along
canyon walls with north exposure the Douglas spruce (Pseudotsuga)
extends down almost to the bank of the stream. Here it is replaced
by willows. But many deciduous trees are mixed in with the species
mentioned. Canyon walls exposed to the south have very few Douglas
spruces but often rock pines, cedars and junipers. These xerophytic
plants occur chiefly at the upper part of the wall. Here also may be
found such plants as currants, skunk bush (Rhus trilobaia), Indian currant
(Symphoricarpos). In places where the stream current is slow and an
accumulation of humus is found it becomes possible to distinguish a
Stream Bank Marsh Society dominated by sedges but containing such
other plants as buttercups, flags, cow-parsnips, shooting stars and

1 This corresponds roughly to the Populus angustifolia — Salix nuttallii Formation
recognized in Boulder County, Colo., by Younc, Bot. Gaz. 44: 344. 1907.
g My y 3 9°7

128 UNIVERSITY OF COLORADO STUDIES

lungworts. (Figs. 7 and 8 at the end of the article give typical views
in the Canyon Forest Formation.)

PARTIAL LisT OF PLANTS IN THE CANYON FOREST FORMATION?
PiLants USuALLY IN SHADED SITUATIONS

Pseudotsuga mucronata Ribes valicola
Acer glabrum Clematis ligusticifolia
Rhus rydber git Clematis eriophora
Populus tremuloides Hydrophylium fendleri
Rosa spp. Fragaria americana
Dasiphora fruticosa Galium triflorum
Prunus melanocarpa Vagnera stellata
Opulaster monogynus
PLANTS IN More Sunny SITUATIONS

Pinus scopulorum Symphoricar pos occidentalis
Sabina scopulorum Rhus trilobata
Juniperus sibirica Ribes pumilum

PLANTS ALONG THE STREAM AND IN WATER
Salix spp. Heracleum lanatum
Populus angustifolia Tris missouriensis
Alnus tenuifolia Dodecatheon radicatum
Carex and other sedges Potamogeton sp.
Mertensia ciliata Chara sp.
Ranunculus macounit Spirogyra sp.

Foothill Sagebrush-Grassland Formation.—At lower altitudes this
agrees quite closely with the Upland Dry Grass Formation noted on
the sedimentary ridges, but with such differences as have been noted in
the paragraph dealing with floras of granite and sedimentary areas.

Foothill Forest Formation.*—This is the usual open xerophytic forest
of the lower foothills in northern Colorado. Since no point above 8,000
ft. in altitude is included in this study no truly montane conditions are
found. The soil of the foothills is a coarse gravel of disintegrated
granite. In some places where much washing occurs there is no soil
at all and the bare place-rock is exposed. In other places where oppor-
tunity exists for the collection of finer particles carried down by the

run-off a soil of a few inches or even feet in thickness may be found.

t This is a representative list of species selected from a large collection made by the writer and Mr. W.
W. Robbins.

2 Plants occurring in the foothill region but growing along the canyon-sides and creek-banks are discussed
under ‘‘Canyon Forest Formation.’”’ This is about the same in the granite region as in the sedimentary region.
Meadow plants of the foothill district are described with ‘‘ Meadow Formations.”

3 In regard to limits of foothill and montane zones in northern Colorado see a note by the author in
Science, N. S. 26:642. 1907.

BOTANY OF LARIMER COUNTY 129

Exposed place-rock offers a foothold for lichens, Selaginella, and various
shrubs, while the finer-grained soil furnishes a suitable substratum for
grasses and flowering herbs. The rock pine (Pinus scopulorum) is the
dominant species and no other tree of any importance occurs in the
formation. Sabina scopulorum is rare. Pseudotsuga can hardly be
classed here as it occurs only on very steep north slopes and belongs with
canyon plants. Some of the shrubs recorded for the canyons occur in
this formation also where they grow on exposed rocks. Throughout
the foothill region there are broad-topped plateaus, rounded knolls with
broad U-shaped depressions between them and here and there deep
canyons. The sides of the hills have a richer flora than the tops owing
to different sun exposure, run-off and seepage. Everywhere, except
in the depressions, the vegetation is sparse. Probably not over one-
fourth of the ground surface is covered with plants and the light brown
and pink of the granite gives color to any near view. The pines, however,
are sufficieatly numerous to make the distant landscape appear green.
Rocks with lichens abound and these often appear yellow or reddish-
brown or pale green. (See Figs. 6, 9, and 10.)

Partrat List OF PLANTS OF THE FOOTHILL FOREST FORMATION
DomInant SPECIES

Pinus scopulorum
ABUNDANT SPECIES

Selaginella sp. Various grasses
Pentstemon humilis Harbouria trachypleura
Less ABUNDANT SPECIES
Geranium fremontii Ranunculus sp.
Scutellaria brittont Aragallus lamberti
Delphinium sp. Lesquerella montana
Artemisia frigida Mertensia lanceolata
Artemisia gnaphaloides Heuchera parvijiora
Drymocallis glandulosa Townsendia grandiflora

Erigeron sp.
Erysimum asperrimum
Pulsatilla hirsutissima

Opuntia polyacantha
Cactus missouriensis

SHRUBBY PLANTS NOWHERE ABUNDANT

Ribes pumilum
Edwinia americana ©

Juniperus sibirica
Cercocarpus parvifolius

Prunus americana Sabina scopulorum (a tree)

Meadow Formation.—The North Box Elder has an old and well-
established drainage area as is shown by the places where its canyon

I30 UNIVERSITY OF COLORADO STUDIES

spreads out and permits the formation of broad meadow land. Here
the stream accompanied by a fringe of trees and shrubs takes a meander-
ing course. The meadows studied were at an altitude of about 7,000 feet
and hence belong definitely to the foothill zone. In fact the plants of
rocky hills and slopes are as above noted distinctly of the foothill type
and not montane. The meadow plants, however, are much like those
of the meadows in the montane zone. The most characteristic plant
is Polygonum bistortoides, a species which extends up to the alpine
summits of the main range. The willows along the stream-banks also
are species which range up rather than down. This coming down of
plants of colder regions into the lower altitudes is to be expected in
meadows where the soil does not warm up as in dry situations. The
same condition of affairs is well known in the glacial ponds and swamps
of the Mississippi region.

PARTIAL List OF PLANTS OF THE MEADOW FORMATION
DomINANT SPECIES

Polygonum bistortoides Various sedges and grasses
Less ABUNDANT SPECIES

Mentha penardi Mertensia ciliata

Collinsia parviflora Mimulus langsdorfi

Dodecatheon radicatum Achillaea lanulosa

Plantago tweedyi? Fragaria americana

Equisetum arvense Viola canadensis rydbergii

Heracleum lanatum

Summary.—For purposes of reference the material of-the foregoing
pages may be summarized briefly. The paper gives an account of a
botanical reconnaissance of a part of Larimer County in northern
Colorado. The district embraces about 150 square miles and includes
foothill country to the west and a region of sedimentary ridges and
valleys to the east. Altitudes vary from 5,500 to 7,500 ft. The physiog-
raphy, climate and soil of the area are discussed with reference to the
growth of plants and certain localities of special botanical interest men-
tioned. The plant formations are then considered and classified as
follows: Cercocarpus Scrub Formation, Valley Grassland Formation,
Upland Dry Grass Formation, Canyon Forest Formation, Foothill
Sagebrush-Grassland Formation, Foothill Forest Formation, and
Meadow Formation. ‘There is a discussion of the limits and character-

BOTANY OF LARIMER COUNTY 131

istics of each of these formations and a representative list is given of
species found in each. Probably the most interesting part of the paper
is the account and discussion of the Cercocarpus Scrub Formation on
the rock ridges. This formation is confined to rocky places and is
replaced by grassland in the valleys. The line of contact between scrub
and grassland is often very sharply marked. The controlling factor
which determines the distribution of the scrub and grassland formations
is the soil quality and not rainfall or temperature. A number of illus-
trations are used to show the characteristic features of the region and
the various formations studied.

Fic. 1.—View near Owl Canyon looking north. The sedimentary ridges are
seen sloping to the east. Cercocarpus bushes cover the steep slopes but the
valley grassland lies between the ridges. From a photograph by the author.

Fic. 2.—View at the lower end of Owl Canyon, showing Cercocarpus bushes
on the higher parts of the ridges; grassland elsewhere. Photograph by Mr. G. S.
Dodds.

BoTANY OF NORTHEASTERN LARIMER COUNTY

(I)

Fic. 3.—A sedimentary ridge near Owl Canyon (looking north). Cerco-
carpus bushes are seen on the slopes but not in the fine-grained soil below.

Fic. 4.—View of a series of sedimentary ridges east of Box Elder, Larimer
County, Colo. The ridges are covered with Cercocarpus. Note the very sparse
growth of rock pine. From a photograph by the author.

Botany OF NORTHEASTERN LARIMER COUNTY

(11)

Fic. 5.—View looking east across the valley of Sand Creek, near Box Elder,
Larimer County, Colo. The ridges are dotted with Cercocarpus bushes. De-
ciduous trees of the valley along the creek belong to the Canyon Forest Formation.
Cattle are seen grazing in the Valley Grassland. Photograph by Mr. G.S. Dodds.

Fic. 6.—Rounded ridges of granite with rock pines on the tops and steep

slopes, the open Foothill Forest Formation; grassland in the valleys. In the fore-
ground is Box Elder Creek, fringed at this point with willows and alders. From a

photograph by Mr. G. S. Dodds.

BOTANY OF NORTHEASTERN LARIMER COUNTY
(111)

Fic. 7.—A steep canyon in the sedimentary rocks near Box Elder. At the

left are willows and narrowleaf poplars. To the right, on the sloping sides of
the canyon, are junipers and cedars with various deciduous shrubs. Douglas
spruce and rock pine in the background. A typical view in the Canyon Forest
Formation. Photograph by the author.

BoTANY OF NORTHEASTERN LARIMER COUNTY

IV)

Fic. 8.—Looking east along a gulch in the sedimentary

region east of Box Elder, Larimer County, Colo. Douglas
spruces on shaded slopes with willows and poplars in the
lower parts of the canyon near the water. The ridges in the
distance are covered with Cercocarpus. Photograph by Mr.
G. S. Dodds.

BoTANY OF NORTHEASTERN LARIMER COUNTY

(V)

Fic. 9.—View in the foothill region (Foothill Forest Formation) showing
scattered rock pines and sparse vegetation of bunch grasses and various flower-
ing herbs. In the lower places between the rolling hills are found a few represen-
tatives of the Canyon Forest Formation, chiefly currants, Indian currants and

choke cherries. Photograph by the author.

Fic. 10.—Foothill Forest Formation in the granite foothills near Box Elder.
Larimer County, Colo. At this point a large amount of bare rock is exposed
where lichens and Selaginella find a foothold. From a photograph by the author.

BoTANY OF NORTHEASTERN LARIMER COUNTY
(VT)

VoLumE Md: | a NuMBER 3
THE
UNIVERSITY OF COLORADO

STUDIES

FRANCIS RAMALEY
EDITOR

PUBLISHED BY "HE
UNIVERSITY OF COLORADO
) BOULDER, COLO.

APRIL, 1908

Price; Jo Cénts

Vo.tumeE V NuMBER 3

THE
UNIVERSITY OF COLORADO

STUDIES

FRANCIS RAMALEY
EDITOR

PUBLISHED BY THE
UNIVERSITY OF COLORADO
BOULDER, COLO.

APRIL, 1908

Price, 50 Cents

Poke ty
ect)
\

ES

2.

CONTENTS

A COLORADO RAILROAD POOL

THE DOCTRINES OF THE ORPHIC MYSTERIES, WITH SPECIAL
REFERENCE TO THE WORDS OF ANCHISES IN VERGIL’S SIXTH

Aeneid 724-51

THE FISHES OF THE Rocky MOUNTAIN REGION

THE SANDSTONE OF FOSSIL RIDGE IN NORTHERN COLORADO

AND Its FAUNA.

Joun B. Puriirs, Pa.D.
Professor of Economics and Sociology

GEORGE Nortin, PH.D.
Professor of Greek

T. D. A. CocKERELL
Professor of Systematic Zodlogy

Junius HENDERSON
Curator of the Museum

PAGE

137

149

159

179

A COLORADO RAILROAD POOL

By JOHN BuRTON PHILLIPS

A railroad’s power over the rates to be maintained in any section of
territory is determined by its ability to control all the transportation
facilities existing in that section of the country. In so far as the termin-
als are common points from which the shipper has the choice of route
in sending out his consignments, no one railroad alone can long control
the situation as to the rates to be charged without an agreement with
the other roads. This is the reason for the existence of railway pools.
When the locality to be served by the railroads is far removed from the
eastern parts of the country where there are numerous rail and also
many water facilities in the matter of transportation, and when the
remote locality is served by comparatively few railroads and no water
transportation, the conditions favoring a powerful pool are propitious.
It is also easier to maintain a railway pool when there is no likelihood
of its being interfered with by ocean or inland water transportation.
Therefore, the situation of Colorado, favorable in both these respects —
to pooling agreements, early made the citizens familiar with these rail-
road combinations, and placed their prosperity in great degree in the
control of the men at tlie head of the great transportation systems.

A railroad pool is commonly thought of as an agreement according
to which each road binds itself to maintain a certain rate agreed upon
in the conference. The other matters with which pools concern them-
selves are not usually thought of as of great importance, nor is the power
of the pool to control the entire development of a state generally under-
stood. It is therefore interesting to know the effect of the pool formed
by the railroads which first entered the state of Colorado—a pool, how-
ever, which was not formed primarily for the purpose of arranging rates.

On March 22, 1880, a tripartite agreement was made between the
three leading railroads of the state of Colorado. They divided up the
territory alloting certain portions to each of the parties to the contract and
agreed not to build railroads there nor to take freight or passengers from

137

138 UNIVERSITY OF COLORADO STUDIES

nor in any way connect with any railroads that might be built in these
particular sections of territory. The territory thus divided among the
three parties to the contract comprised the state of Colorado and the
northern part of New Mexico. The parties to this agreement were
the Union Pacific, Atchison, Topeka aid Santa Fe, and Denver & Rio
Grande.

The facts in the case seem to have been these. The Denver and
New Orleans Railroad Company operated a line of railroad from Denver
to Pueblo. The Denver and Rio Grande also had a road between the
same two points. The Atchison, Topeka and Santa Fe Company had a
line from Kansas City to the Colorado state line and from there to Pueblo
leased the line of the Pueblo and Arkansas Valley Railroad. It was 634
miles from Kansas City to Pueblo over the two railroads. When the
Atchison, Topeka and Santa Fe thus reached Pueblo, it had no con-
nections of its own with Denver. The Denver and Rio Grande was
built from Denver to Pueblo but the gauge was different from that of
the Santa Fe. The latter railroad accordingly made an agreement with
the Denver and Rio Grande. A third rail was ultimately to be put down
on the track of the Denver and Rio Grande to enable the Santa Fe to
get its cars into Denver. This agreement was made in 1879. Accord-
ing to the terms of this contract the Denver and Rio Grande was to
receive compensation at the rate of one and one-half miles for every
mile hauled. Later in March, 1880, the tripartite agreement mentioned
above was entered into. By 1882 the Denver and New Orleans Rail-
road had reached Pueblo and the general superintendent made a request
of the general manager of the Atchison, Topeka and Sante Fe for the
establishment of an agreement whereby an interchange of business
might be brought about and through traffic over the Denver and New
Orleans Railroad established. This request was refused. The Atchi-
son, Topeka and Santa Fe declined to receive or deliver freight or
passengers at the junction of the Denver and New Orleans Railroad,
or give through bills of lading, or sell or receive through tickets or check
baggage over that road. The Atchison, Topeka and Santa Fe Company
charged more for tickets east from the junction than it received on
through tickets east sold in Denver by the Denver and Rio Grande.

A COLORADO RAILROAD POOL 139

This refusal of the Santa Fe to carry to or from Denver and points
between Denver and Pueblo except in connection with the Rio Grande
at the same price was equivalent to saying to the public which railroad
it should use and was supposed at once to be a plain violation of the con-
stitution of the state. The matter was taken into court by the Denver
and New Orleans Railroad. In defense of its refusal to deal in any
way with this latter road the Santa Fe stated that it had made a contract
with the Denver and Rio Grande for a through line from the Missouri
River to Denver and that this contract was of great advantage to itself,
and that this advantage could not be maintained except by keeping this
contract requiring the exclusive dealing between the parties thereto.

In his decision Judge Hallett said this answer did not explain the
true nature of the contract. The contract was an agreement between
the Union Pacific of the first part, the Santa Fe and its leased lines of
the second part, and the Rio Grande of the third part, for a division of
traffic and territory in Colorado and New Mexico. When the contract
was made, March 22, 1880, these three companies owned or controlled
all the railroads in Colorado and the northern half of New Mexico.
By the agreement, says Judge Hallett, they assumed to divide the country
and allot to each of the parties its separate portion for the purpose of
building new railroads. The parties were each bound not to trespass
upon the territory of the other parties as defined in the agreement, and
each stipulates with the other that it will not “voluntarily connect with,
or take business from or give business to, any railroad which may be
hereafter constructed” in the territory of the other. Having thus settled
the matter of railroad building, the arrangements for a division of the
traffic are as follows:

SECTION 4. All traffic to and from the Missouri River, and all competitive local
traffic, both passenger and freight, to and from the territory south and west of Denver,
reached by and covered by the Denver and Rio Grande Ry. Co. or Denver, South
Park and Pacific Ry. Co., and lines constructed or to be constructed by them or either
of them, shall be pooled between the Union Pacific Ry. Co. and the Atchison, Topeka
and Santa Fe Ry. Co., one-half to each; also all traffic to and from the Missouri
River, and to and from competitive local points, both freight and passenger to and
from Denver, shall be divided, three-fourths to the Union Pacific Ry. Co. and one-
fourth to the Atchison, Topeka and Santa Fe Ry. Co., each company in each case to

I40 UNIVERSITY OF COLORADO STUDIES

deduct 4o per cent. as cost of operating; it being understood and agreed that all
local business, both passenger and freight, to and from the Denver, South Park and
Pacific Railroad Co. east of and including Weston station, shall be treated as Denver
business and divided accordingly. It is also understood that the party of the third
part is not to do any through business to and from Trinidad, or to and from New
Mexico via Trinidad or El Moro.

SECTION 5. That as long as the parties of the second part, and each of them shall
keep the agreements on their behalf herein contained, one-half of all the traffic, both
passenger and freight, originating in Colorado and also in New Mexico at points
as far south as the party of the third part is authorized to build under this agreement
and coming or delivered to the party of the third part for transportation over any
of the lines of the party of the third part, constructed or promoted by it, or coming
or delivered to it for transportation from lines connecting with it and destined for
points east of the line between Denver and El Moro and said line extended northerly
and southerly, shall be delivered at South Pueblo for transportation over the railroads
controlled by the party of the second part and the other half at Denver, for transporta-
tion over the railroads controlled by the party of the first part, as far as the party
of the third part can legally control such traffic. It is further agreed that as to all
traffic, both freight and passenger, interchanged between the party of the third part
and the other parties hereto, to and from Denver via South Pueblo, and from and to
South Pueblo via Denver, the party of the third part shall be entitled to and shall
prorate with the other parties at the rate of one mile and one-half to one; that is to
say, shall be entitled to and shall share in the distribution of such total fare and
freight moneys for each mile of actual haul done by the Denver and Rio Grande Ry.
as if the same were carried by it one mile and a half; but the allowance of the extra
mileage shall in no event exceed local rates and in case of any more favorable
pro rata being given to the party of the first part, the same shall be given to the party
of the second part. It is further agreed that the rates between South Pueblo and
Leadville and between South Pueblo and all other points west of Pueblo shall be as
low as between the same points and Denver under any and all circumstances, and the
party of the third part shall not discriminate against the parties of the second part
in respect of cars and other facilities for the transfer of freight or persons.

SECTION 6. In order to enable the party of the third part to carry out its obli-
gations under the above article, and for its protection it is further agreed that the
parties of the second part shall, as long as the party of the third part shall keep the
agreement on its behalf herein contained, deliver at South Pueblo for transportation
and traffic, passengers or freight destined from points east of the said line of the party
of the third part to points on its line, constructed or to be constructed or promoted
by it or connected with it, in Colorado and also in New Mexico, to points on its line
as far south as the party of the third part is authorized to build under section two of
this agreement, and shall not deliver to, or cause to be transported over or voluntarily

A COLORADO RAILROAD POOL 141

receive the same from, any other line of railroad in the territory named than that of
the party of the third part, as far as the said parties of the second part can legally
control the same; and than any agreement or understanding of the parties of the
first and second parts with each other, or of both or either or any of them, with any
competing railroad for division of the business or territory or earnings that might
divert business which would otherwise, under this agreement, pass over the lines
of the party of the third part, shall provide for securing to the party of the third
part, a proportionate benefit on the mileage basis stated in article five, for not less
than one half of the southern and western business, and one fourth of the Denver
business, as provided in article four of this agreement: provided that this shall not
prevent the party of the second part from making an agreement or understanding
with the Atlantic and Pacific Ry. Co. without incurring any liability to the party of the
first or third parts."

Concerning this remarkable contract Judge Hallett says, “It is
enough to say that it is a conspiracy to grasp commerce and suppress
the building of railroads in two great states.” He points out that such
contracts had previously been declared illegal. By this contract the
Rio Grande also agreed “not to do any through business to and from
Trinidad, or to and from New Mexico via Trinidad or El Moro.” Judge
Hallett further says this was renouncing its duty to the state by declining
part of the business at Trinidad. One of the worst features of the con-
tract according to the decision was the provision by which the parties
agreed not to connect with or take business from or give business to
any railroad which may be constructed in Colorado or New Mexico
after its date (March 22, 1880). By this agreement a monopoly was
sought to be perpetuated. Judge Hallett therefore decided that this
agreement was void as a contravention of the provisions of the state
constitution prohibiting discriminations in charges and facilities by
railroads. Judge Hallett’s decision prescribed rules for the dealings
of the two railroads compelling the Santa Fe to give the same facilities
to the Denver and New Orleans as to the Denver and Rio Grande except
as to the issue of through bills of lading, through checks for baggage,
through tickets, and probably the compulsory interchange of cars.
Both companies at once appealed from this decision, the Santa Fe because

« 15 Federal, 653, 654. 2 Ibid.

3 3 Roberts (N. Y.), 411; 5 Denio, 434; 4 Denio, 340.
415 Federal, 653. Constitution of Colorado, Art. XV, secs. 4, 5 and 6.

I42 UNIVERSITY OF COLORADO STUDIES

it was against them and the Denver and New Orleans because it did
not afford them the complete relief for which they had sought the courts.

The general effect of the decision on the public mind was to encourage
the belief that at last a way had been found whereby the railroads might
be compelled to heed the interests of the citizens. The Denver Law
Journal had a long editorial on this decision and pointed out that more
legislation was not necessary for the purpose of controlling railroads and
that this matter might safely be left to the courts. It said,

We cordially urge an attentive and careful perusal of it in connection with the
opinion of Judge Baxter, of the United States Circuit Court of Ohio, to be found in
our last number, upon every railroad lawyer and official. From them they can
learn that the use of money and influence with our legislators is a waste of time and
money, for the courts have ample power to put on the brakes when the railroad com-
panies undertake to travel faster than the law permits, and that they can do so effect-
ively. We are not in favor of legislating against railroads, or preventing them
from using their legitimate powers most beneficially to themselves, but we believe
the time has come when every railroad official should post conspicuously in his office,
so that he cannot fail to see it: ‘‘ Railroad companies are the servants, not the masters
of the people. The people have rights which railroad corporations will be compelled
by the courts to respect.’’!

Notwithstanding the exultations of the Law Journal, the people
were soon to begin that slow process of finding out the limitations of the
courts in the matter of controlling great industries, limitations which
it has remained for the generation of our day to realize fully.

As soon as this decision of the court was announced, the officials of
the three principal railroads concerned met to arrange a pool so that the
Denver and New Orleans Railroad might be prevented from getting
any benefit from the decision of the court. In order to accomplish this
it was decided that the Rio Grande should carry freight between Denver
and Pueblo at five cents a cwt. for all classes, and passengers for seventy-
five cents each. The parties to the contract and pool continued to
support this policy for about two years. It was suicidal for the Rio
Grande, for at the end of that period that road went into the hands of a
receiver. The receiver as a court officer restored the rates to a reason-
able price, which was about half what they were before 1883. The

t Denver Law Journal, March 6, 1883.

A COLORADO RAILROAD POOL 143

members of the pool issued notices to railroads both east and west request-
ing them not to bill goods nor ticket passengers over the Denver and
New Orleans Railroad notwithstanding the fact that that company had
always paid its dues arising from such business. The Burlington Rail-
road was forced to join in this pool.

In the complaint made before the railroad commissioner in September,
1885, it is stated that the Burlington refused to do any business whatever
with the Denver and New Orleans Railroad. It would not transfer
freight to that line nor treat with its agents as the representatives of the
company. It would not allow its own cars to go over the tracks of the
Denver and New Orleans Railroad, as was at that time an old custom
among carriers, and it had torn out the track connection between it
and the Denver and New Orleans which connection had been laid by
the latter company.’ There was then no connection between the lines
although the Burlington crossed three tracks of the Denver and New
Orleans. It is said that the Burlington feared that failure to conform
to the wishes of the parties in the pool would bring upon it the evils of
a rate war and such discrimination as the Denver and New Orleans
was at that time suffering.”

The Supreme Court of the United States, to which the appeal had
been taken, decided on March 3, 1884, that the sections of the Colorado
constitufion upon which Judge Hallett had relied in making his decision
were not effective without special legislation and that therefore his decision
was unconstitutional. The following legal principles were enunciated:

A common carrier is not bound to carry except on his own line.

In case a common carrier elects to carry beyond his own line, he has
the right to select his own agencies.

Unless required by statutory regulation, transportation companies
are not required to form a continuous line and do a connecting business.

Companies engaged in the transportation business are not obliged
to interchange and haul each other’s cars, nor honor each other’s tickets,
bills of lading, baggage checks, nor deal with nor recognize each other
in any manner as transportation companies.

t Report of the Railroad Commissioner, Colorado, 1885, p. 542.
2 Memorial for the Passage of Senate Bill No. 1, by John Evans, Denver, February 18, 1885.
3110 U. S., 667.

144 UNIVERSITY OF COLORADO STUDIES

This was the strict /aissez-faire doctrine applied to transportation.

The decision was a triumph for the three railroad companies. The
old agreement was continued and the result was greater hardship for
the Denver and New Orleans Railroad.

The effect of this agreement on that railroad had greatly reduced
its traffic and earnings. In 1885 its expenses were 117% of its earnings
and in this computation interest on the bonds is not included." If
this expense were added, the showing would be much more unfavorable.
The financial distress which ensued was so great that the company
could not maintain its roadbed and track in an efficient condition as is
required in good railroading. Little had been done since the road was
finished in 1882 except ballasting, surfacing and lining, things necessary
after a roadbed has been constructed. By 1885, the roadbed was begin-
ning to go down and repairs were greatly needed. It was not sufficiently
watched even by section hands. The company reported only fifteen
section men employed for the entire line of the road, 145 miles, one man
to nine and two-thirds miles. The railroad commissioner states that
this force of men could not keep more than fifteen miles of the road in
order. At the time of the commissioner’s inspection, there were found
but three section hands employed on the entire line. The commissioner
reported that as long as the road remained frozen there was not so much
danger but he warned the public in his report that as soon as the warm
weather came, there would be great danger.?

The promoters of the Denver and New Orleans Railroad made one
more effort to save themselves from the ruin which they saw was sure
to befall them at the hands of the pool companies. They prepared and
introduced a bill in the legislature of 1885 which sought to correct the
supreme-court decision, and enable them to get a fair share of the trans-
portation business. The bill forbade the consolidation of railroads
and also forbade a railroad company to reduce the rates below remuner-
ative charges for the purpose of injuring another railroad. This bill
was introduced in both the senate and house, and both bills were referred
to the committee on corporations. The design of the bills was to enforce

t Report of the Railroad Commissioner, Colorado, 1885, p. 27.
2 [bid., p. 52.

A COLORADO RAILROAD POOL 145

sections 4, 5 and 6, of article 15 of the state constitution. These sections
are as follows:—

SEcTION 4. All railroads shall be public highways, and all railroad companies
shall be common carriers. Any association or corporation organized for the pur-
pose shall have the right to construct and operate a railroad between any designated
points within this state, and to connect at the state line with railroads of other states
and territories. Every railroad company shall have the right with its road to inter-
sect, connect with or cross any other railroad.

SEcTION 5. No railroad corporation or the lessees or managers thereof shall
consolidate its stock, property or franchises with any other railroad corporation
owning or having under its control a parallel or competing line.

Section 6. All individuals, corporations and associations shall have equal
rights to have persons and property transported over any railroad in this state, and
no undue or unreasonable discrimination shall be made in charges or in facilities for
transportation of freight or passengers within the state, and no railroad company,
nor any lessee, manager or employee thereof, shall give any preference to individuals,
associations or corporations in furnishing cars or motive power.'

The committee listened to many arguments both for and against the
bill. A lengthy memorial was presented by Ex-Governor Evans praying
for the passage of the proposed law. Among the advantages enumerated
in the memorial that would result from the passage of the bill are the
following:

1. The state would be emancipated from the grip of the three rail-
road companies and some railroad development allowed.

2. The city of Trinidad might build a railroad to El Moro and connect
with the Rio Grande. This it was not allowed to do as long as the
existing situation continued.

3. The owners of the coal lands at Cafion City would be enabled
to ship their coal and thus be spared the expense of building a railroad
from Little Buttes to the Denver and New Orleans Railroad.

4. Cafion City would get a broad-gauge railroad. This was probably
in the schemes of development contemplated by the Denver and New
Orleans Railroad.

5. Leadville would then get competition in coal prices as at that
time other dealers were shut out except the one favored by the railroad
and this one dealer had a monopoly of the market.

3 Constitution of Colorado, Art. XV, secs. 4, 5 and 6.

146 UNIVERSITY OF COLORADO STUDIES

6. Ouray citizens would have a chance to build a railroad to Montrose
and have connection with the Rio Grande. Some time before this
privilege had been refused by the Rio Grande to the promoters of an
independent company and the scheme had been dropped.

7. Lake City would be able to build a railroad to the Rio Grande
and secure an outlet for its ores.

8. Midland County could also secure railroad connection at Aspen."

Toward the close of the session, the committee filed a memorandum
stating their position in regard to the proposed law. The following
is the substance of this memorandum:

1. No grievance is complained of under sec. 4 of Art. XV of the
constitution.

2. Sec. 5 forbids the consolidation of railroads and this bill would
indirectly violate the spirit of that section by allowing combination.
The Denver and New Orleans was the only railroad asking for this law,
and it appeared to the committee that this railroad did not care to con-
tinue the competition with the Rio Grande. Before the competition the
fare from Denver to Pueblo had been $10 and after the competition
and in the absence of legislation such as this bill provided this fare had
been reduced to 75 cents. This rate had lasted for about two years and
had finally been fixed at $5. Freight rates had also been reduced in
like proportion. The committee therefore thought this sort of compe-
tition would be good for the state. This bill also proposed to prevent
any railroad company or person from reducing rates below remunerative
charges for the purpose of injuring another railroad under a penalty of
$20,000 fine. This, said the committee, would prevent railroads from
competing with each other and had it been in operation when the Denver
and New Orleans Railroad was completed, would have prevented the
Rio Grande from reducing as that railroad would certainly not have
been willing to incur the heavy penalty which the proposed law provided
in such cases. The committee also stated that the bill would prevent
any competition between the Rio Grande and the Denver and New
Orleans at Pueblo for business brought west over the Santa Fe. The
committee said rates would not be reduced but on the contrary would

* Memorial for the Passage of Senate Bill No. 1, by John Evans, Denver, February 18, 1885.

A COLORADO RAILROAD POOL 147

be advanced. It would be impossible for the Santa Fe to make a contract
with one road which it would not be obliged to make with every other
parallel road, and hence freight rates would have to be put up high
enough to maintain two roads instead of one when one road was all
that was needed to do the business. The cost of traffic would in this
way be increased and the freight would have to pay it.

3. The legislation proposed by this bill was not required by sec. 6
of Art. XV of the constitution of the state. Unreasonable discrimination
only is prohibited by the common law and the constitution as stated
in the decision of the United States Supreme Court in the matter of these
two railroads... The committee held that the bill sought to prevent a
reasonable discrimination. It did not seek to reduce rates but aimed
only to put the Denver and New Orleans Railroad in the same position
as the Denver and Rio Grande with regard to through traffic. The
committee said this was manifestly impossible till it was shown that the
roads were in the same relative position as to ability to render the service.
The committee also quoted from the law that had been but recently passed
by the legislature and which provided that “ No railroad company shall
without the written approval of said (railroad) commissioner charge,
demand, or receive from any person, company, or corporation, for the
transportation of persons or property, or for any other service, a greater
sum than it shall . . . . charge, demand, or receive from any other
person, company, or corporation, for a like service, from the same place
or upon like conditions, and under similar circumstances.”? ‘This act
the committee thought answered both the common law and the constitu-
tion of Colorado.

4. It was not claimed according to the memorandum of the com-
mittee that this bill would if enacted into law increase in the slightest
degree the freight traffic of the state. It was considered a scheme to
take traffic from the Denver and Rio Grande and give it to the Denver
and New Orleans—a railroad which had not earned the business. The
bill would also allow foreign companies to build to the Colorado lines
of railroad and force a connection with them in order to reach the com-
mercial centers.

5. A railroad company, to do business beyond its own terminus,

tro U.S., 667. 2 Laws of Colorado, 1885, p. 309, Sec. 7.

148 UNIVERSITY OF COLORADO STUDIES

cannot be required to contract for through business with all roads and
should not be asked to. The proposed bill sought to break up an
established through line.

6. The claim that freight consigned to shippers over the Denver and
New Orleans was diverted from that road and shipped over the Rio
Grande was not substantiated. A law against this sort of thing already
existed. No freight need be paid in such cases.

7. The bill was experimental legislation and therefore not to be recom-
mended. Nothing of this sort in legislation was in existence. 3

8. The title of the bill was a misnomer according to the opinion of
the committee. The bill, so it was charged, was not intended to enforce
the constitutional provisions, but aimed to punish shippers rather than
carriers as it sought to prevent the Santa Fe from making the best bargain
it could in getting its goods from Pueblo to Denver. From Pueblo to
Denver the Santa Fe was a shipper and not a carrier. In closing their
discussion the committee say, ‘“‘The constitutional doctrine prohibiting
railroads from discriminating between shippers is turned end for end,
and is made to apply so as to prevent shippers from discriminating
between railroads.”

The committee reported that they could not see how the bill would
enforce either of the sections of the state constitution which it was
designed to enforce and on March 20, 1885, filed their report recom-
mending that the bill be indefinitely postponed. There was also a
minority report recommending that the bill pass after certain amend-
ments had been made in accordance with the suggestions of members
of the committee. One of these was that the law apply to traffic wholly
within the state. This looks as though some member of the committee
had a notion of the control of inter-state commerce given to Congress by
the federal Constitution, but at that time Congress had not asserted this
control in the matter of railroad regulation. The majority report of
the committee was adopted and the bill indefinitely postponed.?_ During
the same month the Denver and New Orleans Railroad having reached
the bottom of the financial abyss was sold under foreclosure. It was
later reorganized and in the course of time became a part of the Union
Pacific system. It is now the Colorado and Southern.

1 Senate Journal, 1885, p. 1056. 2 [bid., 1885, p. 1071.

BE DOCTRINES OF THE ORPHIC: MYSTERIES:
WITH SPECIAL REFERENCE TO THE WORDS
OF VUANCHISES IN: VERGIL’S: SIXTH 4ARNETD
724-51" |
By GEORGE NORLIN

The sixth book of the Aeneid is a composite picture drawn mainly
from Greek models. Popular descriptions of the lower world in the
Greek epic, philosophical ideas, and the fantastical beliefs of the mystery
cults are here combined into a splendid, though not altogether har-
monious effect. It is easy enough, in spite of Eduard Norden’s defense?
of Vergil’s consistency, to point out the confusion which has resulted
from this mixture of discordant elements; but the thesis of Vergil’s care-
lessness has, perhaps, been pushed too far. Where inconsistencies
appear to exist the editors have been too prone to dismiss them with the
ready explanation that the poet had no chance to work over and revise
this difficult attempt to fuse into a consistent whole conceptions borrowed
from such different sources.

It is the purpose of this paper to attempt an interpretation of the
most troublesome passage of all, lines 724-51, as it stands in the MSS,
without resorting to the usual tour de force of deleting a portion or
rearranging the lines.

The discovery of the new Orphic verses,+ mainly in southern Italy,
inscribed on thin gold plates buried with the dead, has served to recall
the attention of scholars to the mystic ideas of the Orphic-Pythagorean
psychology and eschatology, with the result that the field has been
reworked, and difficulties have been cleared away; and among them
some of the harder problems of the sixth book of the Aeneid have been,

t Reprinted from The Classical Journal, Vol. III, No. 3, January, 1908, with permission of the editor.
2 Hermes XXVIII. 372 ff. and XXIX. 313 ff.; later his edition of Aeneid, book vi.

3 Following, and supplementing, the general line of Norden’s explanation, pp. 16 ff. of his edition, but
differing from it in an important particular.

4 Collected with text, translation, and commentary by Gilbert Murray in the appendix to Harrison’s
Prolegomena to the Study of Greek Religion.

149

I50 UNIVERSITY OF COLORADO STUDIES

in some degree at least, illuminated.t The study of these new verses,
some of which date from the fourth century B. c., has at any rate proved
that the Orphic ideas of the soul and its destiny which are found in
late writers like Proclus, highly colored though they are with the Neo-
platonic mysticism, come from an early Orphic source, probably the
same general source as the newly discovered Orphic lines. It has
served, furthermore, to prove the close kinship between the mystic ideas
in Empedocles, Pindar and Plato, and to establish the plausibility, if
not the certainty, of the thesis that these authors drew their notions of
metempsychosis and eschatology from a common Orphic source, perhaps
an Orphic-Pythagorean ‘“‘ Book of the Dead,” and that to the circle of
ideas which came from this source Vergil owes some of the features of his
lower world.?

In order to arrive at a view-point from which to examine more
satisfactorily the Vergilian lines in question, I propose to pass in brief
review the principal notions of the mystic teaching regarding the soul
and its destiny which must have been familiar to Vergil.

First is the mystic doctrine of original sin involved in the characteristic
myth of the Orphic god, Dionysus-Zagreus. Zagreus, the son of Zeus,
is slain by the wicked earth-born Titans and devoured by them. Zeus
smites the Titans with the thunderbolt and consumes them with his
lightning. From their ashes springs the human race. These ashes
contain the essence of the earth-born Titans who rebelled and sinned
against Zeus and of the divine Zagreus whom they devoured. Mortals
are therefore compounded of the earthly and the heavenly, the carnal
and the spiritual, the pure and the impure.3 In their origin from Zeus,
through his son Zagreus, they are divine and immortal;* but as they
contain also the earthly, Titanic element, they inherit the guilt of the

t Rohde Psyche, in the revision of 1898; Dieterich Nekyia; Maas Orpheus; Gruppe, article on ‘‘Orphic
Eschatology’’ in Roscher’s Lexikon; Norden’s learned edition of the sixth book of the Aeneid; Harrison’s
Prolegomena to the Study of Greek Religion; Weil “La croyance & l’immortalité de l’"Aame’’ in Journal des savants,
April, 1895, published also in his volume of Etudes sur lantiquité grecque (Paris, 1900).

2 The general view of Weil; see especially pp. 60, 93. Less conservative are Dieterich, p. 198, and Nor-
den Aeneid vi, p. 20.

3 Lobeck Aglaophamus, p. 565; Rohde Psyche II, p. 119; Weil Joc. cit., p. 38.

4 In the gold tablets the soul’s claim to salvation is based on this divine origin. See especially the Petelia
and the Caecilia Secundina tablets. Cf. Pindar, fr. 131.

THE DOCTRINES OF THE ORPHIC MYSTERIES I5!t

Titans, their ‘‘deeds unrighteous,” and are doomed to ‘suffer the suffer-
ing” and do penance for their “ancient sin.’’*

What, then, is the nature of the punishment? The answer is the
Orphic-Pythagorean doctrine of metempsychosis. By the law of the
Orphic Fate the soul is condemned to an indefinite series of incarnations.?
It must again and again take on a perishable body. “Clothed in a
strange garment of flesh,” it must wander in this “meadow of woe,”
“this roofed-in cave,’ “this cheerless realm of wrath and death and
throngs of dooms and loathsome disease and decay.’ Each existence
on earth is a punishment, each body a tomblike prison‘ in which the
soul is exiled from its rightful home and deprived of its fellowship with
the gods.

This wandering of the soul from one existence to another, from a
higher to a lower, from a lower to a higher, is conceived as a cycle or
wheel of life, ev«Aos, Tpdyos.° In this cycle it is theoretically possible
that the soul may fall indefinitely until it is born into the lowest form
of earthly existence, or rise indefinitely until it becomes a god; but the
chances are that it will not rise to any height, because the ancient guilt
tends to beget an endless brood, and so the series of earthly punishments
and imprisonments goes on and on. The cycle of rebirths is then for
the majority of indefinite duration; or, when any limit is set to it, it is
a minimum of ten thousand years.”

So far the doctrine is simple enough, but the idea of reward or punish-
ment by progress or retrogression in the earthly life is complicated with
the notion of reward or punishment in the lower world between incarna-
tions, and with that of eternal bliss or eternal pain.

If the life on earth has been one of signal wickedness and the soul
is beyond cure, it is sent to the torments of the damned in the lowest

t See Compagno tablet 6, Timpone Grande tablet; Pindar, fr. 106, and Weil’s commentary, p. 36.

2 Abel Orphica 222, 223; Empedocles (Stein) 383, 384.

3 Empedocles 402, 381, 301, 385-87.

4 Plato Crat. 400 C. Cf. Phaedo 62 B and Verg. Aen. vi. 733.

5s Empedocles 381.

6 Abel Orphica 225, 226. This is the xvxAov BapumevOeos apyadéovo of the gold tablets. Cf. perfecto
temporis orbe of Aen. vi. 745 and rota in Aen. vi. 748.

7 Plato Phaedr. 249 A; in Empedocles, 30,000 seasons. See Dieterich Nekyia, p. 119, and Rohde Psyche
Is p21370) Te 3:

152 UNIVERSITY OF COLORADO STUDIES

depths of Hades, where its release from the cycle consists in the more
terrible fate of endless suffering.t Of the other souls, the good are
sent for a time to an Elysium in Hades, while the unworthy but not
beyond hope, are sent to a place of punishment. The temporary sojourn
in Hades is one of purification. Those in the place of punishment are
purified through suffering; those in Elysium, apparently through com-
panionship with the good and a foretaste of greater joys to come.?_ The
purification in Hades goes on for a considerable length of time—definitely,
a period of a thousand years.3

The purpose of the mysteries was, naturally, to exempt their votaries
so far as possible from the cycle of exile and to reconcile the soul with
god.4 They could at least promise to the mystic who had submitted
himself to the rites of initiation, the ceremonies of purification and the
Orphic rules of life, that between incarnations he would not suffer punish-
ment, but would pass the time in comparative joy in Elysium. But
there were degrees of virtue within the Orphic sect. To the chosen few
who in each life kept their soul from guilt they promised complete puri-
fication and release from the “wearisome cycle” after three lives of the
body and three purgations in the Elysium of Hades.’ When at length
the last penance is done and the last purgation is accomplished, the soul
recovers its pure divinity, regains its lost estate and goes to dwell forever
with the gods.°®

These are the main ideas of mystic thought as they are gathered from
Orphic fragments, from Empedocles, Pindar and Plato. Whether
they are taken from one common source, an Orphic-Pythagorean poem,

t Plato Phaedo 113 E; Repub. 615 D, E; Gorg. 525 C; Pindar Ol. 2. 74. ‘

2 For Elysium as a place of purgation see Maas Orpheus 231, Abel Orphica 231, where the good are
purified and receive a ‘milder fate,’’ €v KaAg@ Aeyuavi, Babdppoov aud’ "Axépovta, Corresponding to this “fair
meadow” is the Elysium of Pindar, fr. 129 (Rohde Psyche II, pp. 210, 211), and Plato’s Vorparadies in the
heavens, Phaedr. 249; Repub. at end.

3 Plato Phaedr. 249; Verg. Aen. vi. 748.

4 Abel Orphica 266.

s Pindar Second Olympian 75 ff., according to Rohde’s interpretation; Plato Phaedr. 249 A—where
the Elysium of Hades is replaced by an intermediate heaven. Cf. Claudian In Rufin. ii. 491 ff. The gold
tablets furnish no evidence on this point, but see Gruppe’s suggestion in Roscher, p. 1127.

6 In the Compagno tablets the soul is freed from its mortality and is pronounced a god. It is sent
és Spas evayéwv: in the Neoplatonic language of Proclus, mpds 7d voepov eldos, Abel Orphica 226; probably
to Zeus or the ‘Starry Heaven,” whence came its divine, immortal essence. See Rohde Psyche II, pp. 130,
131. So also Empedocles 449-51; Plato Phaedr. 247; and in more popular language, Pindar Ol. 2.71.

THE DOCTRINES OF THE ORPHIC MYSTERIES 153

with which, or with some abstract of which, Vergil was acquainted,
may, in spite of Dieterich and Norden, be regarded as still an open
question. But that these notions in the form in which I have reviewed
them formed a part of the literary inheritance of Vergil admits of little
doubt.

But to explain the Vergilian passage in question we must add an
element drawn from another source, from Stoic pantheism in its more
popular form, as it is reflected in Cicero and the Roman writers of his
time and later—the doctrine that the soul is a spark from the divine
ethereal fire which pervades and rules the world. This pure emanation
from the divine essence becomes soiled with earthly taint and fettered
with an earthly body, whence mortal desires, sorrow and pain.*

So far this is only a more rational expression of the Orphic conception
of the soul, but the pure Stoic teaching had nothing of the idea of metem-
psychosis. The necessity of penance and purification after death is,
however, recognized. On the death of the body the soul is not yet
cleansed of the earthly stain, but must wander for a time in the dense,
heavy atmosphere near the earth, the turbulent region of clouds and
storms,” where it does penance and is purified, after which it soars into
the pure region of the sun and finds its home in the ethereal fire whence
it came.

This idea of a purgation which the later Stoic thought located in the
cloudy atmosphere between the earth and heaven’s ‘“‘pure serene” is
borrowed by Vergil, though it is expressed in Orphic terms, and, seem-
ingly, made a part of his scheme of purification in Hades.+ Lines 735-44
can mean only that all who are sent to the broad spaces of Elysium must
pass through a stage of preliminary punishment and purification, not
all in equal degree, but each in accordance with his merits. Quisque
suos patimur manes.

It is the following lines which present the difficult problem:

Mittimur Elysium et pauci laeta arva tenemus

donec longa dies, perfecto temporis orbe,

t Rohde Psyche II, pp. 320, 321; Cicero Tusc. i. 42-45; Verg. Aen. vi. 724-34.
2 Cicero Tusc. i. 42. 3 Seneca Consol. ad Marc. 25.

4 Do we have here simply an instance of Vergil’s eclectic tendency, or was the Stoic teaching in the source
from which he learned it already contaminated and confused with earlier mystic ideas ?

154 UNIVERSITY OF COLORADO STUDIES

concretam exemit labem purumque relinquit
aetherium sensum atque aurai simplicis ignem.
Has omnes, ubi mille rotam volvere per annos,
Laetheum ad fluvium deus evocat agmine magno,
scilicet immemores super ut convexa revisant
rursus et incipiant in corpora velle reverti.

Is the Elysium here mentioned merely a poetic substitute for the Stoic
ethereal heaven? Is it, in other words, the final goal of the soul, the
ultimate paradise, and do the “few” possess the “‘happy fields” forever ?
This is the general view."

But as the text stands they possess the happy fields only until the
long cycle of time completed has washed away the last trace of impurity
and left the clear, ethereal essence. It is assumed, therefore, that lines
745-47 have dropped out of their right place and should be written
after 742.2. The sense would then be that after the punishment and
purification described in 739-43 have continued through the longa dies
perfecto temporis orbe, and cleansed the soul of every taint, then finally
the few enjoy Elysium.

To this remedy it may be objected that it is too heroic to be used
save as a last resort: and, furthermore, it clears up one difficulty only
to make another. We may well ask: If only those who have undergone
this long purification are in Elysium, how can Anchises be there? But
this is a minor inconsistency, of which Vergil might easily have been
capable. The serious objection appears in 748-51. It is not the jew
only who possess the happy fields. “All these” (as omnes) who are
not released from the cycle and are summoned by the god to drink of
Lethe and undergo another incarnation are also in Elysium, not ina
place distinct from it as Norden holds. He regards the secluswm nemus
in valle reducta et virgulta sonantia silvae in which these are congregated

t Of the editors Wagner, Heyne, Conington, Ribbeck, but not Norden; also of Rohde Psyche II, p. 16s,
n. 2; Dieterich Nekyia, p. 155. Cf., however, Maas op. cit., p. 231.

2 Ribbeck actually gives this order in his text.

3 Dieterich has an ingenious explanation which aims to do away with the difficulty without disturbing
the lines. He would put a period after /enemus, 744, marking a distinct pause in the words of Anchises. After
ignem, 747, he would remove the period, making ll. 745-47 look forward rather than backward. This would
be helped out, he thinks, by some dramatic gesture of Anchises. The sense would then be the same as if ll.
745-47 were written after 751. (Nekyia, p. 156.) However, this is rather too ingenious. See objections
to it in Glover’s Studies in Vergil, p. 249.

THE DOCTRINES OF THE ORPHIC MYSTERIES 155

as the purgatory to Elysium proper and the region where the punishments
mentioned in 740-42 take place.t He cites as a parallel “the kindliest
region of the air which they call the meadows” of Plutarch’s De jacie
in orbe lunae 943 C. But this is simply the Vorparadies of the mystic
teaching, not a place of purification through punishment. Plutarch
combines Stoic and Orphic ideas. The ultimate paradise, according
to the passage, is the upper surface of the moon. Between the moon
and the earth is a region where the wicked are punished, and another
distinct from this where the good are purified.

The only distinction between “‘the few” of 744 and “all these” of
748 is that the latter are doomed to return to earth after their sojourn
of a thousand years. These must drink of the water of Lethe in order
that they may lose the vision of Elysian joy and so be willing to return to
the upper world. If they were anywhere else than in the paradise of
Hades, if they were in a region of purgation through punishment as
Norden thinks,

Quam vellent aethere in alto
Nunc et pauperiem et duros perferre labores!?

Does Vergil’s Elysium then serve as the eternal home of the chosen
few, and at the same time as the temporary abode between incarnations
of those who are condemned to revisit the earth? This is incredible,
or at any rate without parallel in Greek or Roman thought.

Nor is there any clear parallel in this realm of ideas, so far as I know,
for an Elysium in Hades as the final abode of the good.s The lower
world was at best thought of as an awesome place. With all that poetic
fancy could do to paint a subterranean region in cheerful colors, furnish
it with light and deck it with flowers and groves, an Elysium in Hades
remained nevertheless a place of comparative gloom. That is why
Plato put even his Vorparadies somewhere in the heavens and his ulti-
mate paradise in the heaven that is above the heavens. ‘The teaching

t His edition of Aeneid vi, pp. 21 ff.

2 Said of those in Vergil’s limbo, vss. 435, 436-

3 A possible instance is the xpos evoeBwy of the Pseudo-Platonic Axiochus. The “Isles of the Blest’’
of Plato’s Gorgias are probably not in the lower world. See Weil, p. 61, and Stewart’s Myths of Plato, p. 109.

4 A place where, as in the Orphic lines above quoted, the good have a ‘“‘milder fate,” #aAaxwTepov oiror,
not that of ideal bliss.

156 UNIVERSITY OF COLORADO STUDIES

of the mysteries, the speculations of philosophers and poets who gave
the soul a destiny beyond the grave, and popular fancy’ among the Greeks
as among us, placed the final goal of the spirit in the upper world, gener-
ally in the “pure serene” of the starry heaven. All this would suggest
at least the probability that Vergil’s Elysium is not an ultimate paradise,
but a temporary abode of the good in the lower world.

The general sense of the mystic conceptions of which I have tried
to give a summary points to an interpretation of the passage which,
I think, disposes of its difficulties without tampering with the text or
rearranging the lines. It is this: Vergil’s Elysium is not the final destiny
of the soul but, like the “fair meadow” of the Orphic verses, the Elysium
of Pindar, the intermediate heaven of Plato, it is a place where, after
the death of the body, the good are sent for purification.2 The longa
dies perjecto temporis orbe, 745, is the Orphic cycle, or the period of ten
thousand years of the Phaedrus myth which must elapse before the aver-
age soul can rise from its fall and be restored to its divine estate.

Those designated in the words

has omnes, ubi mille rotam volvere per annos,

Lethaeum ad fluvium deus evocat agmine magno
are the majority of those who come to Elysium. These, the average
good, are subject to the general law of birth and rebirth. After each
life of the body they come to Elysium, where they remain a thousand
years before they return to earth. The rota here mentioned is evidently
the Orphic wheel of life.

How then about the ‘‘few” who remain in Elysium throughout the
cycle? We have seen that in the mystic teaching a chosen few are in a
degree made exempt from the long and wearisome cycle. They are
released from the necessity of submitting themselves to the full number
of incarnations. This idea Vergil treats freely, and releases the few
who have merited it from the necessity of any further life in the body.
While the others through the long cycle descend to Elysium and ascend
to earth again and again in each recurring period of a thousand years

« Cf. a number of epitaphs cited by Rohde II, pp. 384 ff.

2 The purification through punishment, of ll. 739-44, is a preparation for Elysium. However, penitusque
necesse est | Multa diu concreta modis inolescere miris, and somewhat of the concreta labes remains to be purged
away in Elysium.

THE DOCTRINES OF THE ORPHIC MYSTERIES 157

until they are purified and released from the wheel, the chosen few remain
in Elysium until the cycle is completed and the last vestige of earthly
taint is purged away.

donec longa dies, perfecto temporis orbe,

concretam exemit labem purumque relinquit

aetherium sensum atque aurai simplicis ignem.
When at length the purgation is accomplished, what becomes of the pure
ethereal essence? ‘The inevitable answer is: The pure spirit returns
to its pure source. Like to like, is the law of mystic thought. The
earthly taint is left behind in its earthly and under-earthly life, and the
spirit goes back to the god who gave it and the place whence it came."

80ev 5? Exacrov els TO oGm’ Adlxero
évradé’ daedOetv, mvedua wéev mpds albépa
TO c@ua 8 els yp.

If it be objected that Vergil does not say this in so many words, it
may be said in reply that the aim of the sixth book is not primarily to
give a notion of the ultimate destiny of the soul, but to furnish a dramatic
setting for Anchises’ prophecy of the greatness and glory of Rome.

t Eurip. Suppl. 532-35; Epicharmus, fr. 35.

7%
; " i

eC EEN)
4 yk risa

THE FISHES (OR THE: ROCKY MOUNTAIN
REGION

By T. D. A. COCKERELL

For class use, and in connection with my studies of the Rocky Moun-
tain fauna, I have found it necessary to prepare an abstract of our knowl-
edge concerning the fishes of the Rocky Mountain region. The area
covered is roughly Montana, Wyoming, Colorado and New Mexico,
but the boundaries have been somewhat extended here and there to
include certain species. The fossil species are given, although it is
anticipated that fresh discoveries will greatly enlarge our knowledge
of these in the near future. A good series which the University Expedi-
tion of 1907 obtained in the Miocene shales of Florissant is now being
studied by Dr. Eastman.

The information given in this paper is compiled from the literature,
with the exception of the results of a study of the fishes of Boulder
County, based on material in the University of Colorado Museum, mostly
collected by Mr. Chancey Juday. By far the greater part is derived from
the monumental work of Jordan and Evermann on the Fishes of North
and Middle America (Bull. 47, U. S. Nat. Museum), which is the main
source of information for all students of American ichthyology.* American
Food and Game Fishes, by the same authors, but of later date (1902),
has also been found exceedingly useful. The basis of our knowledge
of Boulder County fishes is the paper by Professor Chancey Juday in
University of Colorado Studies, Vol. Il, p. 113, and Bull. U. S. Bureau
of Fishes, March 17, 1905. In these papers, unfortunately, the diagnostic
characters of the fishes (excepting the new Leuciscus) are not given;
these I have endeavored to supply. For records of the fossil species, I
am primarily indebted to the invaluable catalogue of the Fossil Vertebrata
of North America, by O. P. Hay (Bull. 179, U. S. Geol. Survey, 1901).

I am exceedingly indebted to Dr. B. W. Evermann, who has kindly

t The figures illustrating the present paper are derived from this work, with the kind permission of the
authorities of the National Museum.

159

160 UNIVERSITY OF COLORADO STUDIES

examined the manuscript, and has made a critical examination of a
Notropis which I had failed to identify.

In the study of geographical distribution, especially as related to
past conditions, the value of the evidence afforded by fresh-water fishes
can hardly be exaggerated. Thus the following contrast between the
genera of the Gila and Rio Grande basins should make those hesitate
who believe in the recent depression of the continent in the region of
southern New Mexico and Arizona.

CYPRINIDAE
Gita R. Basin BotH Rio GRANDE BASIN
Gila *Leuciscus (also one in *Campostoma (also one in Yaqui R.
Tiaroga Yaqui R. basin, the species _ basin)
Agosia of all three basins very *Hybognathus
Meda close.) *Pimephales
Cochlognathus
Cliola
*N otropis
*P henacobius
*Rhinichthys (but also in Great Basin)
*H ybopsis

* Boulder County, Colo, (Platte R. Basin).

The case of Leuciscus, and the rather similar one of Rhinichthys,
come under the head of ‘“‘exceptions which prove the rule;” for the
close resemblance (in Rhinichthys even identity) of species on the
Atlantic and Pacific slopes, taken with the great general diversity,
simply shows that these forms must have been transported in some way
from one basin to another since the separation of the drainage areas.
That they are ultra-conservative forms, preserving their characters
while all around them has changed in the course of ages, seems scarcely
possible. *

The general similarity between the fishes of the Rio Grande and
Platte basins is as striking as the diversity in the other case.

It is noteworthy that the trout (Salmo), which inhabit the waters of

« The strong and numerous fish fauna of the Mississippi valley may be thought of as spreading west-
ward, to be checked by the Rocky Mountain chain. How recent this spread may be, and how far it has re-
sulted in the extermination on the Atlantic slope of the mountains of specially western types, remains uncer-

tain; adequate paleontological evidence is wanting. It is proper to remember, however, that characteristic
Mississippi valley types of Mollusca occur in the Cretaceous of the Rocky Mountain region.

FISHES OF THE ROCKY MOUNTAIN REGION 161

the high mountains, show closely allied species on the Atlantic and
Pacific slopes of the Rocky Mountains.

In the tables and descriptions, D=dorsal fin, A=anal fin; the
numbers following these indicate the numbers of rays in the fins, thus
D8 means eight rays in the dorsal fin. A roman numeral, as I, II, etc.,
refers to spines.

The fin-formulae are written as for instance 5-64—7, which ‘‘means
that there are five rows of scales between the base of the dorsal fin and
the lateral line (the scale in the lateral line excluded), 64 oblique trans-
verse series crossing the lateral line, and 7 horizontal scales between
the lateral line and the base of the anal or the vent”? (Jordan and Ever-

mann).
The teeth-formulae in the Cyprinidae refer to the teeth on the pharyn-
geal bones. ‘In most cases a principal row of 4 or 5 larger teeth will

be found, in front of which is a set of one or two smaller ones. The
two sides are usually, but not always, symmetrical. Thus, ‘teeth 2, 4-5,
1’ iadicates two rows of teeth on each side, on the one side 4 in the
principal row and 2 in the lesser; on the other side 5 in the main row
I in the other” (Jordan and Evermann).

The Orders are given as in Jordan and Evermann; but they seem
nearly to correspond with superfamilies in Insecta.

Crass PISCES (The Fishes)
Supctass SELACHII (The Sharks and Rays)

OrDER PLEURACANTHIDES

The Cladodontide are represented by Cladodus girtyi Hay, in the Coal Measures of

Colorado.
OrpER ASTEROSPONDYLI (The Typical Sharks)
Famity Cochliodontide

Orthopleurodus novomexicanus St. John & Worth., and Poecilodus springeri St. John &
Worth., were described in 1883 from the Subcarboniferous of New Mexico.

Deltodus mercurit Newb., is from the Coal Measures of New Mexico.

FamILy Heterodontide (The Bullhead Sharks)

Hybodus polyprion Agassiz, is reported from the Jurassic of Wyoming; it is found also
in England.
FAMILy Galeide

Galeocerdo hartwelli Cope, is from the Niobrara Cretaceous of Colorado.

162 UNIVERSITY OF COLORADO STUDIES

Famity Lamnide (The Mackerel Sharks)
Corax jalcatus Agassiz, is recorded from the Cretaceous of Colorado, and also occurs
in Europe. I have collected teeth of this group near Las Vegas, New Mexico, and Colorado
Springs, Colorado, but they were not determined.

OrpvER BATOIDEI (The Rays)
Famity Ptychodontide
Ptychodus whipplei Marcou, occurs in the Niobrara Cretaceous of Colorado and
New Mexico. I have collected the characteristic teeth near Las Vegas, N. M.
Famity Dasyatide (The Sting Rays)
Dasyatis radians Marsh. (Xiphotrygon acutidens Cope), is found in the Green River
beds of Wyoming.

SuscLtass HOLOCEPHALI (The Chimeras)

In this group the skeleton is cartilaginous, and the skin is without scales.

OrpvER CHIMERIOIDEI
Famity Chimeride
Some fossil genera referred here are of very doubtful affinities. Dictyorhabdus priscus
Walcott, is from the Silurian or Ordovician of Colorado. Myledaphus bipartitus Cope,
and Hedronchus sternbergi Cope, are from the Fort Union Cretaceous of Montana. With
regard to the M yledaphus, Hatcher remarks that it was founded on isolated teeth, so unchar-
acteristic as to be of little value for determining genera or species. Such teeth, however,
are abundant in the Judith River beds and the Laramie. Hedronchus was based on part
of a tooth. The modern Chimeride are found in the seas of cold regions (Jordan and
Evermann).
SuspcLass TELEOSTOMI (The True Fishes)
OrDER SIRENOIDEI
Famity Ceratodontide
The genus Ceratodus Agassiz, is represented by five fossil species. From the Jurassic
are C. americanus Knight (Wyoming), C. guentheri Marsh (Colorado), and C. robustus,
Knight (Wyoming). From the Cretaceous, C. eruciferus Cope and C. hieroglyphus Cope;
according to Hatcher these latter occur in the Judith River beds of Montana.
OrpER RHIPIDISTIA
FamiLy Holoptychiide
Eriptychius americanus Walcott, 1892, is from the Lower Silurian or Ordovician of
Colorado.
OrpER SELACHOSTOMI
Famity Polyodontidze (The Paddle Fishes)
Crossopholis magnicaudatus Cope, comes from the Eocene of Wyoming.
OrDER CHONDROSTEI (The Sturgeons)!
Famity Acipenseride
Length up to five feet; snout broad and depressed, subspatulate (Missouri R. at Fort
Benton, Mont., Henshall) . . . . . . Scaphirhynchus platorynchus (Raf.)
(Shovel-nose Sturgeon).

t Diphyodus longirostris Lambe, is based on fragmentary jaws of uncertain affinities, from the Cretaceous
of Canada, and also occurring in Montana and Wyoming.

FISHES OF THE ROCKY MOUNTAIN REGION 16 3

This is the only North American species; others occur in Central Asia.
Dermal structures referred to Acipenser albertensis Lambe are found in the Judith Re
and Laramie beds of Wyoming, etc.

ORDER RHOMBOGANOIDEA (The Gar Pikes)

Numerous species assigned to Lepidosteus have been described from the Cretaceous,
and Wasatch and Bridger Eocene. L. aganus (Cope) and L. integer (Cope) are from New
Mexico. L. atrox Leidy, L. cycliferus (Cope), L. glaber Marsh, L. notabilis Leidy, L
occidentalis Leidy,t L. simplex Leidy and L. whitneyi Marsh are from Wyoming. The
living L. osseus (L.) occurs in the Rio Grande. Other species live in different parts of
North and Central America and one in China.

OrDER CYCLOGANOIDEA (The Bowfins)

The single living species (Amia calva L.) inhabits the eastern states, and comes as
far west as Texas. Two (A. dictyocephala Cope and A. scutata Cope) are from the Mio-
cene of Colorado. Six (A. depressa Marsh, A. elegans Leidy, A. gracilis Leidy, A. media
Leidy, A. newberriana Marsh, and A. uintaensis Leidy) are from the Bridger Eocene of
Wyoming.

OrpDER NEMATOGNATHI (The Catfishes)
Famity Siluride

Rhineastes Cope, is a genus containing one species (R. pectinatus Cope) in the Floris-
sant Miocene and five (R. arcuatus Cope, R. calvus Cope, R. peltatus Cope, R. radulus
Cope, and R. smithii Cope) in the Bridger Eocene of Wyoming.

The living species of the Rocky Mountains are as follows:

Adipose fin keel-like, adnate to the back; length up to over a foot; color yellowish brown;

fins yellow-edged; anal rays about 16 (Missouri R. in Montana; Wyoming; Platte R.)

Noturus flavus Raf. (Stone Cat).

Adipose fin with its posterior margin free . . cP AO RRNA SE Ry acs
1. Anal fin very long, its rays 32 to 35 (Rio Gaandey! Ictalurus furcatus (Le Sueur).
Piteasy fee neni Beye AEN OEMESS! (5) \// ERM eal 3 as iea bis vei ae. de gh) AN
2) PULA AMS Re Gin neh Se: CEOS DIO fog Slo he Ameiurus lupus (Girard).

Anal rays 25 to 30; light olivaceous above, the sides pale or silvery, and nearly always

with small dark spots (Missouri R., Milk R., and Yellowstone R. in Montana, Hen.

Shall; Platte ROS tava veahe deo Sy wn lk e's ew | w) Lebaherns punctatus (Rat.)

(Channel Catfish).

Six other forms of Ameiurus occur in Texas. Leptops olivaris (Raf.), the mud cat,
occurs from the Ohio River to the Mexican State of Chihuahua.

OrDER PLECTOSPONDYLI Sere aa

Teeth well developed in both jaws (in our ie : . . . Characinide.
Jaws toothless . . ; PRE LAT RRR VIP ge a
1. Pharyngeal teeth numerous, pecans. ie fin with 10 or more rays

Catostomide.

Pharyngeal teeth few; dorsal fin (in ours) short with lessthan rorays . Cyprinide.

t L. occidentalis and haydeni, of the Judith River beds, were based merely on scales, and are believed
to belong to the same species. The supposed differences are: Scale not over 8 mm. long, the enameled sur-
face smooth and shining, occidentalis (Leidy); Scale 1o mm. long, the enameled surface with ‘‘ parallel square
lines,” haydent (Leidy).

164 UNIVERSITY OF COLORADO STUDIES

Famity Catostomide (The Suckers)
Amyzon Cope, is represented in the Miocene of Florissant (A. commune Cope, A.
fusiforme Cope, A. mentale Cope, A. pandatum Cope).
The living Rocky Mountain species are:
Dorsal fin elongate, with 26 or 27 rays (Boulder County, Juday; Milk R. and Poplar R. in
Montana, Henshall; Rio Grande) . . . Carpiodes i (Raf.) (Quillback).
Dorsal fin with not over 18 rays . . PUL,

1. With a sharp-edged hump on the ce not egiendiee parwat | to the nape; D 12,
A 7; scales 16-81-13. (Known from a single specimen, 7 inches long, from the
Uncompahgre River at Delta, Colo.) Xyrauchen uncompahgre Jordan and Evermann
(X. cypho Lock.), from the basin of the Colorado and Gila Rivers, has a higher
hump, which usually begins at the nape.)

Normally formed, nothumped . . . RL, Sa) SA Rs
a. Scales an lateral Winelecs than ee weet cy Se ef) wre” oh lay tee ee nee
Scalesiin lateral linejoveriOor tio ic eames way ile. ess ah Seer

Fic. 1.—Catostomus commersonii.

3. Dorsal rays usually 12; dusky above, with usually a black blotch behind the dorsal
fin; each scale along the sides with a small, more or less distinct blackish spot at its
base, these spots forming interrupted longitudinal lines along the rows of scales; size
up to r8 inches long. (Yellowstone R.)

Minytrema melanops (Raf.) (Spotted Sucker).
Dorsal rays usually 13; olivaceous, sides silvery, lower fins in adult red or orange (Poplar

R., Mont., Henshall) . . . . . . . Moxostoma aureolum (Le Sueur).
4. Scales in lateral line less than 80; Gpaeaets between parietal bones present, widely
open.) ': ew BoB ede eae St ny

Scales in taker ae 80. or more e
5. Dorsal fin long, of 15 rays; head ae ‘Swen oe ae Post Great, anaes Hen-
shall) POPE! lpm iG. LLP E . . . Catostomus macrocheilus Girard.
Dorsal fin with rr to13 rays. . . RP ey Bok
6. Upper lip narrow, with usually but 3 to 5 rows i parihe, jue in var. suckliz (Girard)
with 4 to 6; species of Atlantic slope (Boulder Creek, common; Milk R. and Poplar
R., Montana; Twin Lakes, Colo.; Arkansas R. at Pueblo, Colo.)
Catostomus commersonti (Lacép.)-

[0o.

II.

FISHES OF THE ROCKY MOUNTAIN REGION 165

The western forms are all or mainly var. sucklii, which approaches C. ardens.
(Common Sucker.)
Upper lip broader, 4 to 6 rows of papilla; species of Great Basin (Heart Lake, Yellow-
Stone baTk)) tt . . Catostomus ardens (Jordan and Gilbert).
Species of the Rio Grande ee Gedo to Chihuahua; scales 80

Pantosteus plebeius (Baird and Girard).
Species of Wyoming, Montana and Northern Colorado, scales goor more 8.
Head comparatively large, 4 in length of body; scales 16-go to 110-14; upper lip

‘with 5 to 8 series of tubercles; lower lip incised to base; dorsal fin with usually 11

rays (Boulder Creek, abundant; Platte River; Montana).

Catostomus griseus (Girard).
(Var. lactarius (Girard) appears to have larger scales, 88 to 90; var. retropinnis
(Jordan) has fuller lips and a more backward dorsal. (Both these supposed varieties
are from Milk River, Montana.)

PeResariere lente eer eet Pel sary weap Sent oy Peek) ay, SM wy eps ae) ede Oe
Species of Colorado River Basin. . Pere ROM Iiped e/a seo ATO!
Species of Missouri and Columbia R. Basis Mae eh, colton snipes

AVeWARA AD e5.: ee
$y) of wan’
SKY Se om) he oe SREY
a set anne Sons SO SY ee ny

ey WY
g) pny ERT PS ee wo
Pana ents! nels oetaneners

Fic. 2.—Campostoma anomalum.

Size up to 2 feet; sides and fins largely orange; dorsal rays 11 to 13; scales 17-98 to
TO$ SUF hi) shi . . . . Catostomus latipinnis (Baird and Girard).
(Henshall gives C. Pe shohe Cope, from Montana and Wyoming, as distinct.)
Size up to one foot; dorsal rays 10; scales 16-96 to 105-14 (W. Colorado; Wyom-
Mg) Ait . . . . Pantosteus delphinus (Cope).
(P. virescens Gone ene in error aid anette, Colo., is the same.)
Length to 2} feet; head quite long and slender; scales 95 to 114 in lateral line
(Montana). . . . . . Catostomus catostomus (Forst.) (Long-nosed sucker).
Length to about one foot; head short, conic; scales go to roo in lateral line (Montana)
Pantosteus jordani (Evermann).
Another genus of suckers, Chamistes, is confined to the Great Basin, with species in
Utah, Nevada and Oregon. It has the mouth very large, and terminal instead of
inferior as it is in Catostomus, and other characters.

166 UNIVERSITY OF COLORADO STUDIES

Famity Cyprinide (The Carp Family)
The following table separates the genera found in Boulder County, Colorado.

Air-bladder surrounded by many convolutions of the very long alimentary canal; _peri-

toneum black; herbivorous. Sexual differences very great, the males covered with

large tubercles inthe spring <) a.))c9) 4h --! + os Campostoma.
Air-bladder above the alimentary canal, asisnormal . . . . . . . TF.

1. Intestinal canal elongate, usually over twice length of body; peritoneum usually
DOLEGIES Wi pecittal Nc caP vey Nas chk boy ste hy MIM eS Bee: tara) oo ett Se mycin 2.
Intestinal canal short, less than twice length of body nln ey a ae be Me tell

2. Dorsal fin inserted posteriorly; scales minute. . . . . . . « Chrosomus.
Morsalidininearly media yoo teal act ice yf ke lot) aiy [sel Mls ena yy Aetna

3. First (rudimentary) ray of dorsal slender, firmly attached to the first developed ray

AS IS OEM AL.) ioe ae ni emvaln Meu Ges ae pe Mtod Walls Yeo) 9 ceNiat fata le eet Hybognathus.

Fic. 3.—Leuciscus evermanni, reproduced from the original illustration with permission

of the Bureau of Fisheries.

First (rudimentary) ray of dorsal somewhat enlarged and blunt, connected by mem-

brane with ‘first developed ray 0.) 2k Pane phates.
Teeth in the main row 5-5o0r4-5 . . . ilies tet hike 5.
Teeth in the main row 4-4, the lesser row often absent . . . . . 6.
Maxillary with a, minute barbel yo fac Ny heii ey). sail ed Oh leat exe a
Maxillary without barbel; teeth strongly hooked 2a UNE A et | eA Ne ERS a
Mazilary qwatmout barbels ya) uh cu) Sit, st ce oii he hate bats Wali cte UUa S iie
Maxillary wrth s.aeoall barbed a)! net Ne hiie Moa Vibe pote Meu cali baea aes wn eee
Lower jaw with the lip thin or obsolete; scales large. . . . . . Notropis.
Lower jaw with the lip developed as a fleshy lobe on each side . . . Phenacobius.
Premaxillaries not protractile; scalessmall. . . . . . . . «. Rhinichthys.
Premaxillaries protractile VEN farce IM MameLbUCU DRA mere tence)
Teeth 4-4, or 1, 4-4, I, or o, the lesser row with never more than one Hybopsis.
Teeth usually 2, 4-4, 2, the lesser row rarely with lessthantwo . . Couesius.

The following table for the species is based on the fins and scales:
Dorsal with spine; DI. 7, A 7; scales 7-43 to 47-6 . . . Pimephales promelas.
Worsal without Spine} ie) [el |i yea rao tice Nie) eth Vics) | Nem mnae etl ia ne eae gles

FISHES OF THE ROCKY MOUNTAIN REGION 167

Scales in lateral line over 80 (scales 16-85-10), D 7, A8 Chrosomus erythrogaster.

Scalessnslateralimeslessathami75 yj eras ie pci (soho) eden sy! ey Weel ey Huey unete As
Scales above lateraliline: Te Or Dt es Sy ies vine) (aie) ib atl ods le Aneel) Se
Seales\a hove lakers Me Mi bess bel sash) whi Aho es whine aletie a we
D 8,A 7. Scales 11 or 12-63 to 70-9 to12 . . . Rhinichthys cataracte dulcis.
Dis: Ay 8, en Scales! 2 OAMtO wo O Wiebe att hla! lula) Oyen iilce\l)}e live Couesius dissimilis.
Scalesiinjlateralulinevavenrso rau smuy en pst ko jive yale defi imicy!h nie bed \!sh\ oan Oa gl
Scalesuntlateral lines less thamiqonarey eis’, weer fue stele, (Sam lives
Scales less:than 5 below lateralline®. 4.0.05) 60s hee ee Be
Scales 5 or more below lateral line . LEM eiiclickr eit anno hate Wee wae
D8,Ag. Scales 6-41-3 SUREMENT VEN TN raLe ab eUbik ebay Urhiy eI OPPO DES WOOL INIELTES®
BPS Ala Seales Gaia) been sy tal) rep ir ol ual Yass Hybopsis kentuckiensis.
UE ot a ey WL Ae MARE 8 Yen eee m2?
Otherwise CMR MMT MMO NL ulIUey NR CLP eee sk WET cling teu | tary) hep Eee

Io.

II.

r2.

Ea.

14.

EL

Fic. 4.—Semotilus atromaculatus.

Tier Coty ae oo ty Re enn at Oe Cam postoma anomalum.
Scales 6-43 t045-5 «se ee ee te te +) Phenacobius scopijer.
D 7,A 8. Scales 9-50 to 60- . oe ew ee ee) 6 Semotilus atromaculatus.
D8,A8. Scalesg-47-5 . .- - - +--+ + + = « Leuciscus evermanni.
Scales 31 to 33. D7, AZ 2 8 2 he ee ee ye Motropis seylia.
Sales a GuGr GRE, Veit ti) Walk lash Jain pra \ven etary Cisted Gay MiiaulN del ey Vapeps ayes

Scales below lateral line 2 (scales 6-35-2); D7 0r8,A8 . . Notropis lutrensis
Seales belowilateralwline: Au tweu eet) ten Wah Ua) eb hehe woh ons i begets

Da BCA ORGAN Mel cetiicerh ail fiehtvieyel ayy bay ,in mei Notropis piptolepis.
D8,A7 Bike 15.

SEALS GSAT etapa ed Wx! eer ist gil ah ch tay cary matte Hybognathus nuchalis.
Beales (5 ESA tee Bab Ona seui iain Mae Vat Moola ht adn cect hes Notropis cayuga.
The above tables are almost entirely derived from the literature. The following one

is made from the specimens without reference to the literature:
Two very distinct dark bands on each side; snout blunt; mouth normal; no barbel;

scales small, imbedded in the skin; length less than 65 mm.

Chrosomus erythrogaster.
t As usually counted; c/. preface,

168 UNIVERSITY OF COLORADO STUDIES

Only one distinct lateral dark band, ornone . . : ee eal ie
1. Mouth inferior, with rounded corners and fickeristl lis, eateerike Sie 7:
Mouth ordinary . . Bere EAR de
2. Anterior end of dorsal coaanieneiety borane anterior a of ventrals; scales large;
snout in lateral view truncate; lips papillose; no barbel . . Phenacobius scopifer.

Anterior end of dorsal level with or posterior to anterior end of ventrals 3.
Dorsal without a band; scales small; size rather small; often a small barbel.
r Rhinichthys cataracte dulcis.
Dorsal with a black or gray band; scales large; size larger, to over 120 mm.; sides
mottled with gray. . . . «+ Compostoma ononaten
[Length of ventrals hardly ora fia fice Berauce from tips of pectorals
Campostoma anomalum.
Length of ventrals much greater than their distance from tips of pectorals
Phenacobius and Rhinichthys.}

danny
yy oY)

Fic. 5—Rhinichthys dulcis.

Tips of ventrals reaching base of anal. . . . . Me ee in ba" Vobe Ae
Tips of ventrals not (usually not eae hes base of anal seca) sve
Body Gee.) sah) 3 Virani tags cs Lo aaa
Body not so deep; deat with no flack ect in Bones . . . Notropis cayuga.
A black spot at base of dorsal; lateral line very incomplete; color above very dark;
length about 70 mm. depth about 16mm.. . . . . . Pimephales promelas.
No black spot on‘dorsal . . . . . - - + « « + + Notropis lutrensis.

[Notropis piptolepis varies, so that tips of ventrals may reach base of anal, or miss
it by a short interval.]
Scales large, 10 to 12 (8 in N. scylla) in oblique line from dorsal to ven-

treads.) ein tes : ‘ SD OR Hin) & ARO, Breads Ete:
Scales moderate, 13 to 14 in auiaae line), 2.) sa) iL ey Benerseuslevermann.
Scales small, 15 or more in oblique line . . BEC 2 ake ch
Eye smaller and snout longer, so that distance hoe eye to tip ae snout is nearly twice
diameter ofeye . . . . . « Hybopsis kentuckiensis.
Eye larger and snout tories, so ‘that images. from eye to tip of snout is not nearly
twice diameter of eye, or is little more than once diameter . . Q.

In lateral profile, height of eye about equal to, or a trifle less than, Rani dace from eye
to nearest point on lower marginof head . . . . . . «. WNotropis cornutus.

Io.

FISHES OF THE ROCKY MOUNTAIN REGION- 169

In lateral profile, height of eye distinctly more than distance from eye to nearest point
on lower marginof head. . . . . . . WNotropis scylla [also N. piptolepis).
[Here also see Hybognathus nuchalis, in which the tips of ventrals are only about 14
mm. short of base of anal. Hybopsis kentuckiensis has a very distinct dark spot at
base of caudal; Notropis cornutus has a dark lateral band, but no separated spot.
The three species of Notropis all have a dark dorsal band. WN. zonatus, var., which
also comes in here, has a pale orange dorsal band.]

A black spot at base of dorsal fin; middle of head above not tuberculate; barbels
absent, or small barbels, away from corner of mouth; corner of mouth about level
with front of eye; body not so deep as in Couesius; pigmentation of sides consisting
of minute gray rings or diffuse spots; scales with about 16 radiating lines, but these
hidden by the thick skin. . . . . Semotilus atromaculatus.
No black spot at base of eee! mitidte of head above tuberculate; barbels small
but evident, at corner of mouth; corners of mouth strongly anterior to eye; pigmenta-
tion of sides consisting of small black dots; scalés with ro or 11 radiating lines, these
visible through the thinskin. . . . . « «+ Couesius dissimilis.
The following table of Notropis species is basets on the sification given by Jordan

and Evermann:
Teeth 2, 4-4, 2. D8,Ag. Length7to8inches. . . . . . . . WN. cornutus.
Teeth 4-4 or 1, 4-4, 1. Length 3inchesorless . . . Pea has 6

I.

Scales not very closely imbricated, not noticeably queoee aes ioe dorsal inserted
nearly over the ventrals; anal short, its rays 7 or 8; no black spot on dorsal
Scales deeper than long, more or less closely imbricated on sides of body; scales
moderate, 33-38 in lateral line; D 7 or 8, A8; teeth 4-4; male in life brilliant steel blue,
the belly orange-red, anal and caudal blood red, a conspicuous violet crescent behind
the shoulders, followed a a crimson crescent; female plain greenish. pees 2t
PAGHESee ne Hhotey | all) se UN even sase
Teeth 2-rowed Gh 4-4, an Small leider species; D A A 8; olivaceous, silvery below;
a broad silvery lateral band, with dark specks; sides of head with black specks;
a dark dorsal band) Length 3\inches ....9 .)) <0 5s) 2 4 NS popiolemas:
Teeth 1-rowed (4-4) . :

Lateral line wanting on some nae: eye i iaege: eaten shove bie ee (he outlines
very sharply defined; a black stripe through snout and eye; a dusky lateral shade
and asmall caudal spot. Length 2}inches . . . SU dee eee enGayiaas
Lateral line complete; D 7, A 7. Color pale, back Heenan: side with a silvery band,
no spots on fins; a dusky shade on each side of dorsal and before it; some dark spots
on snout. Length 2{inches . . AL U3 0 INES Sane.
The following is based on specimens, withiote Pecenee to hike literature:

Body deep, its depth nearly or quite equal to distance between base of anal and hind edge

of insertion of pectorals; base of dorsal not before base of ventrals. NN. Jutrensis.

Body not so deep, its depth not nearly equal to distance between base of anal and hind

I.

edge of insertion of pectorals .. . . . sn an as
Base of dorsal distinctly (1 or 2 scale rows) Hato bace of eae: length over 80 mm.
Hybognathus nuchalis.

I70 UNIVERSITY OF COLORADO STUDIES

Base of dorsal level with or posterior to base of ventrals PUP sida fyb Ty trae
2. A very distinct black spot at base of caudal; size rather large, 75 mm. N. scylla.
(Still larger, but with no spot at base of caudal . . . . . . WN. cornutus.)

No distinct spot at base of caudal; our specimens smaller, 70 mm. or less 3.

3. A very distinct black band from snout to eye, and continuing behind eye WN. cayuga.
No such black band, or at most vestiges of it, behind eye only . . . 4.

4. Astrong black dorsal band, on a grayish-yellow ground; the scales dusky-margined
by copious dots; sides more or less silvery; broad, breadth 9 or 10 mm. in fish about
wom. LONG: “ii. ih. Oe) I N. piptolepis (see here also cornutus when young).
A pale orange dorsal band on a bright straw-yellow ground, the scales minutely
black-dotted, but not appearing dusky-margined; sides strongly silvery; lateral line
complete; a grayish lateral stripe; dorsal and caudal fins yellowish; dorsal black
speckled; D 8, Ag (not counting rudimentary anterior ray); a crest above each
nostril; chin black-speckled; scales 8 or g—38-5, 12 before dorsal in lateral line; form
narrow, breadth 6 mm. in fish about 65 mm. long. (Boulder Creek, Boulder, Nov.
LOOT Mie) Ge . . . Notropis zonatus (Agassiz), var.?
The recorded aheky Motes pepe are as follows: ;
Campostoma anomalum Raf. Colo., Wyo.

Chrosomus erythrogaster Raf. Colo.

Hybognathus nuchalis Agass. Colo., Mont.

H. argyritis Girard. Milk R. Mouth wider than in muchalis; may intergrade.

H. (Dionda) serena Girard. PecosR. D8,A8. Scales 5-32 to 34-3.

H. (Dionda) episcopa Girard. Pecos R. D8,A8. Scales 9-37 to 41-4.

The name is in punning allusion to Capt. Pope, its discoverer.

H. (Dionda) nubila Forbes. Wyo. D8, Ag. A dark lateral band.

H. (Dionda) amara Girard. Rio Grande (doubtful species). D8,A7. No dark
lateral band.

Pimephales promelas Raf. Colo., Mont., Rio Grande, Yellowstone R.

P. promelas maculosus Girard. Arkansas R. at Pueblo. Lateral line better devel-
oped, the pores wanting on less than half of the scales.

P. promelas confertus Girard. Pecos R. drainage in Texas, etc. Lateral line com-
plete, and male differently colored.

Mylocheilus caurinus Richardson. Flathead Lake. A species of the northwest
Pacific region, just reaching Montana. Devours eggs of salmon.

Semotilus atromaculatus Mitchill. Colo., Wyo.

Ptychocheilus oregonensis Richardson. Missoula, Mont. Species of Pacific slope.

Ptychocheilus lucius Girard. Delta, Colo. Species of Colorado Basin. The largest
of American Cyprinide, reaching a weight of 80 lbs. Body slender, elongate, with long,
slender depressed head. D9, Ag.

t In alcohol.

2 This fish was sent to Dr. Evermann, who kindly reports that it is very close to zonatus, and probably
that species, although it differs slightly in some of its characters. N. zonatus is a species of mountain streams
in the Ozark region of Missouri and Arkansas, and the discovery of a very closely allied or identical fish in
Colorado is of much interest. Typical zonatus is said to have scales 6-42-4. Dr. Evermann has added
several characters to the diagnosis of our fish. He finds: head 4; eye about 34; teeth 2, 4-4, 2; scales 8—-
43-4, 24 before the dorsal.) In my count, I made out fewer scales in the lateral line, but I counted only the

pore-bearing ones.

FISHES OF THE ROCKY MOUNTAIN REGION EPL

Gila robusta Baird and Girard. Delta, Colo.; Zuni R. Species of Colorado and
Gila Basins. Length 16 inches.

Gila elegans Baird and Girard. Gila R. and Zuni R. Length 12 inches.

(G. nacrea Cope, from Fort Bridger, Wyo., is G. robusta or young G. elegans.)

Leuciscus evermanni Juday. Only known from three examples obtained by Professor
Juday in Boulder Creek. One of these is in the University of Colorado Museum.

L. lineatus Girard. Wyo. Species of Great Basin and Snake R. Basin. D 9, A 8.
Scales in lateral line 53 to 63.

L. nigrescens Girard. San Luis Park; Sangre de Cristo Pass, Colo.; Las Vegas and
near Ft. Wingate, N. M. Species of Rio Grande Basin. D 8,A 8. Scales in lateral
line 60 to 67.

L. alicie Jouy. Evanston, Wyo. Species of Great Basin of Utah. D8, A&8.
Scales in lateral line 80.

L. hydrophlox Cope. Heart Lake, Wyo. Species of Great Basin. D 9, A 1o to 13.
Scales 12-58-5. Length 3 to 5 inches.

__ L. balteatus Richardson. Silver Bow, Mont. Species of Columbia Basin. D 10,
A 11 to 22, usually 16. Scales 13-55 to 63-6.

Notropist (Chriope) cayuga Meek. Colo.

N. (Alburnops) scylla Cope., Colo., Mont. The type locality is Red Cloud Creek, a
tributary of the Platte R.

N. (Hudsonius) gilberti Jordan and Meek. Platte R. Very close to piptolepis, but
D 8, Ag; scales 5-35-4; 17 scales before dorsal; light olive, sides with dusky streaks
and dark specks.

N. (Hudsonius) piptolepis Cope. Boulder County; N. Platte R.

N. (Hudsonius) simus Cope. Rio Grande at San Ildefonso, N. M. D8, Ao.
Scales 8-35-4, 22 series in front of dorsal. Robust, entirely silvery.

N. (Moniana) lutrensis Baird and Girard. Boulder Co., Colo.; Rio Grande at
San Ildefonso, N. M.

N. (Moniana) proserpina Girard. Rio Grande Region, New Mexico. D7, A 7.
Scales 6-35-3, 14 before dorsal. Brownish above, paler below, but no silvery lateral band;
a metallic band of dark points from upper edge of preopercle to upper edge of caudal.
Length 2 inches.

N. (Cyprinella) macrostomus Girard. Roswell, New Mexico. D8, Ag. Scales in
lateral line 36. Brownish above, cheeks and sides bright silvery.

N. (Luxilus) cornutus Mitchill. Colo.

N. (Orcella) orca Woolman. Rio Grande at El Paso, Texas. D7, A 8. Scales
8-42-4. Body plump, top of head unusually high and transversely rounded.

N. atherinoides Raf. Mont. D8,Ar1z1. Scales 5-38-3. Translucent green above,
sides bright silvery. Length 4 to 6 inches.

N. dilectus Girard. Rio Grande at San Ildefonso, N. M. D8, Az. Scales
7-38-3. Colors very pale; silvery, snout and bases of fins rosy; a row of black dots above
base of anal.

Phenacobius scopifer Cope. Boulder Co., Colo.; Rio Grande.

t JorDAN and EvEerMANN remark that no Nodropis is found in Utah. No species is recorded from the
Pacific slope in Colorado.

197i UNIVERSITY OF COLORADO STUDIES

Rhinichthys cataracte dulcis Girard. Boulder Co., Colo., abundant in Boulder Creek;
Las Vegas, N. M.; tributaries of Rio Grande; eastern Wyo. and Mont., also in the Great
Basin.

Agosia yarrowi Jordan and Evermann. Colorado R. Basin. Gunnison R. at Gun-
nison. Genus scarcely different from Rhinichthys. D7, A 7. Scales small, about 16-
78-13. Barbel small but distinct. Sides with two ill-defined dark lateral bands.

Hybopsis (Erimystax) estivalis Girard. Rio Grande at San Ildefonso, N. M.

Hybopsis (Erimystax) gelidus Girard. Wyo., Mont.

Hybopsis (Erimystax) montanus Meek. Upper Missouri, Mont.

Hybopsis storerianus Kirtland. Eastern Wyo.

H. (Nocomis) kentuckiensis Raf. Colo., Wyo.

The following table is from that of Jordan and Evermann:

Species of large size, not silvery, the mouth larger, nearly terminal H. kentuckiensis.

Species of moderate or small size except storerianus, the mouth inferior, horizontal;

preorbital broad, silvery .. EP rh oe a a ae a

1. Large up to ro inches; sides bight dilbety" AON au Su Laker 02s 0S:
Small, lessthan 3 inches. . . ilar AE LNT bea ee

2. Back and sides pale, not dusted me atk fee gt) die 20S IN ET aomcarn ese
Backiand!sidesisprinkled withidark/dots 7). ti) "204s 5) Maes

Zo luOwer lobe of catidal pale; snoutamoderate” 95/73) es) ee H. estivalis.
Lower lobe of caudal black in life; snout very long . . Je SMES gelidus.

Couesius squamilentus Cope. Henry Fork of Green R., Wyo: Species of Colorado
Basin. Scales 17-66-14 D. 8, A. 7

C. dissimilis Girard. Colo., Mont.

Platygobio physignathus Cope. Pueblo, Colo., where it is said to be the most common
fish. Barbel distinct; D 8, A 8; scales 6-48-5, 20 before dorsal. Olivaceous above,
white below, a plumbeous lateral band; fins plain. Length 6 inches.

P. gracilis Richardson. Milk R., Yellowstone R., etc. Length 12inches. No dark
lateral band.

Plagopterus argentissimus Cope. San Luis Valley, Colo.1 DII.7, Aro. Body
entirely scaleless; color clear silvery, back dusky. Length 2} inches.

The domesticated carp and goldfish have the dorsal fin elongate, and the dorsal
and anal fins each preceded by a serrated spine. The carp (Cyprinus carpio L.) has four
long barbels; the goldfish (Carassius auratus L.) has none. Both are of Old World origin.

FamiLy Characinide

“A very large family of some 55 genera and 300 species, inhabiting the fresh waters
of South America and Africa, where they take the place of the Salmonide and Cyprinide
of the Northern Hemisphere”? (Jordan and Evermann). Only one species occurs in the
United States, namely Tetragonopterus argentatus (Baird and Girard), which I have
obtained from North Spring River, Roswell, New Mexico.

t JORDAN AND EVERMANN describe this fish as inhabiting the Colorado basin in western Colorado. In
this case the assigned type locality, the San Luis valley, may be doubtful, as this is in the upper Rio Grande
basin. The fish is related to Pacific slope genera, not to anything in the Rio Grande. According to GILBERT
it occurs at Fort Yuma.

FISHES OF THE ROCKY MOUNTAIN REGION Wye

OrpER APODES (The Eels)
Famity Anguillide
The common eel, Anguilla chrysypa Raf., is found in the Rio Grande. Girard
separated the Rio Grande fish as a distinct species, A. tyrannus, but Jordan and Ever-
mann treat it as a synonym.

OrvER ISOSPONDYLI
é Famity Chirocentride
Portheus thaumas Cope, is from the Niobrara Cretaceous of Kansas, and perhaps of
Colorado.

Famity Hiodontide (The Moon-Eyes)

Body oblong, much compressed, covered with brilliantly silvery scales. The moon-
eye, Hiodon alosoides (Raf.), and the toothed herring, H. tergisus Le Sueur, have been
found in Montana (Henshall). H. alosoides has the dorsal with 9 developed rays, H.
tergisus has it with 12.

Fairy Clupeide (The Herrings)

Six species occur in the Green River shales of Wyoming. ‘These are Diplowstes
analis Cope, D. dentatus Cope, D. pectorosus Cope, D. theta Cope, Knightia alta (Leidy),
K. eocena Jordan. The last is Clupea humilis Leidy, and C. pusilla Cope, both names
preoccupied. Dr. Jordan justly objects to Dr. Dollo’s proposal to rename Diplomystus
Cope, calling it Copeichthys Dollo.

The genera of Green R. Clupeids are thus separated:

Dorsal scutes transverse, with pectinate borders, a median tooth especially prominent
Diplomystus Cope.

Dorsal scutes not wider than 5 dia with only a single median tooth, at the end of a longi-
tudinal carina. . . Werte Knightia Jordan.

The scales of Knightia are aaron eaves isa dices of Desire about 35 in lateral
line (over 60 in Diplomystus). (See Jordan, Univ. of Calif. Publ., Geology, Vol. V, No. 7,
p- 136.)

The Museum of the University of Colorado contains good material of D. analis.
There is also a well-preserved example of Knightia eocena.

Famity Salmonide (Salmon and Trout)

Jaws toothiess\or gicarly so; scalesilarge 1. 66 (yo) ey “xeciyel onl, ret nae | at ie) Ue
Dentition strong and complete . . . 3:

1. Olivaceous above, sides white, but not ieee cli pate 9 + Gupeennceds in Flathead
Lake, Montana) . . . . . . Coregonus clupeiformis (Mitchill) (Whitefish).
Bluish above, sides silvery . . Bai aki eats Owes abo

2. Scales in lateral line 83 to 87; feaeek ont a fon (Great Basin and Pacific Slope,
reaching Montana). . . . . . * . . « Coregonus williamsoné Girard.

(Williamson Whitefish).
Scales in lateral line go; slenderer than the last, with lower fins. (Upper Missouri
Basinin Montana) . . ate ie Coregonus cismontanus (Jordan).
Henshall gives only ertaenare oe Montana, calling it the Rocky Mountain White-
fish. However, Coregonus couesii Milner, which Jordan and Evermann refer to wil-
liamsoni, was from Chief Mountain Lake, Montana.

174 UNIVERSITY OF COLORADO STUDIES

3. Black spotted species; vomer flat . . . uA ae se heer 68 ok yt
Spotted with red or gray; vomer boat- habed | Reyes tee Xi tte LO,
4. Scales typically large, in 120 to 130 cross series; but: varying ae 115 to 180; usually
no red on throat; mouth small; size moderate (Montana, introduced)
S. irideus Gibbons.
Scales moderate, 130 to 180 cross series; no red on throat; mouth moderate; size
very large (Montana, introduced) . . . . . . . S. gairdneri Richardson.
Scales always small usually in about 160 (150 to 200) cross series; nearly always a
large deep red or scarlet dash on each side concealed below inner edge of each dentary

bone; mouth large (native species) . . . . . oh Re ees

5. Black spots almost as numerous on head as on See nae of body. 6.
Black spots mainly on posterior part of body . . . 7.

6. Black spots encroaching somewhat on belly (both slopes Ee ite Boar Mts. in Montana,
IERERSIAUY 8. 08s: iden ee - |» » .» wd. Clark Richardson.

Black spots not Eanes on belly (ications of Yellowstone Falls of Missouri R.)
S. lewist Girard.1

Fic. 6.—Salmo macdonaldi.

7. Scales not very small, about 160 in lateral line; spots of moderate size (Species of

Rio Grande Basin, Colorado and New Mexico) . . . . . S. spilurus Cope.
Scales very small; about 180 in lateral ine 6) 3)
8. Spots rather large, lower fins distinctly red, rarely orange . . Q-

Spots all small; lower fins bright yellow; a yellow lateral shade (Twin Lakes, Colo.)

S. macdonaldi Jordan and Evermann.?

g. Spots very numerous; a red lateral band (Colorado Basin; western slope in Colo.)

S. pleuriticus Cope.

Spots few and large, chiefly on the tail (Arkansas and Platte Rivers; Boulder Creek.

Boulder, Nov. 1907, DeVoss and Perkins). . . aa ent S. stomias Cope.
(Salmo jfario L., the European Brown Trout, has Boca introduced in Montana.)

1o. Vomer with a raised crest; spotted with gray, without bright colors; D 11, A 11
(Montana. (ey eee - + . . Cristivomer namaycush Walbaum,
Vomer without raised crest; ed. Eat lower fins with bright edgings. rt.

x “One of the present writers has caught them in the very act of going over Two-Ocean Pass from Pacific

into Atlantic drainage’’ (JORDAN AND EVERMANN, American Food and Game Fishes, p. 170).

2 A small Crustacean, Diaptomus judayi Marsh, is also confined to Twin Lakes, so far as is known.

FISHES OF THE ROCKY MOUNTAIN REGION 175

11. Back unspotted, but strongly marbled. with dark olive or black; dorsal and caudal
fins mottled (Allen’s Park, Boulder Co., Colo., September 6, 1907. S. A. Rohwer,
doubtless introduced; Montana, introduced) . . Salvelinus fontinalis Mitchill.

(Eastern Brook Trout.)

Back with red spots, like those on sides, but smaller and usually paler; no dark marb-
ling above (West Montana, native). . . - - ; Salvelinus parkei Suckley.
(malma auctt., not Walbaum)

(Dolly Varden Trout).

Famity Gonorhynchide
Notogoneus osculus Cope, is from the Green River shales.

Famity Osteoglosside
Phareodus acutus Leidy, is from the Bridger Eocene of Wyoming. P. equi pinnis (Cope),
P. encaustus (Cope), and P. testis (Cope), are from the Green River beds of Wyoming.
Dapedoglossus Cope, is the same genus.

Famity Thymallide (The Graylings)

The Montana Graying, Thymallus ontariensis montanus (Milner), occurs in the
tributaries of the Missouri River in Montana. Dr. Henshall, following Milner, treats this
as a distinct species, T. montanus. It is in fact separated by a long distance from the habi-
tat of T. ontariensis in Michigan, and should logically stand as a species, but its distinctive
characters are few. Jordan and Evermann say: “Entirely similar to the Michigan grayling,
but the dorsal a little smaller.”

OrpER HAPLOMI
Famity Luciide (The Pikes)
Ischyrhiza antiqua Leidy, is from the Fox Hills Cretaceous of New Mexico.

Famity Peeciliida (The Killfishes)
Sides with many dark crossbars; dorsal rays 14 or 15 (Boulder County, Juday; Pueblo,

Colo; New Mexico). .-- - - +. . F undulus zebrinus Jordan and Gilbert.
Brownish, finely dotted; lips, top of head, and line along middle of back dark; dorsal rays
11 (Wyoming) sh nae . . . FF. lineatus Garman.

Olive gray, scales with ochre borders; fins yellow, edged with red; dorsal rays ro (Boulder
County, Juday; Denver, Colo.; ArkansasR.) . . - - F. floripinnis, Cope.

176 UNIVERSITY OF COLORADO STUDIES

OrDER HEMIBRANCHII
FAMILY Gasterosteide (The Sticklebacks)

The Brook Stickleback, Eucalia inconstans (Kirtland), is reported by Henshall from
Poplar R., Montana. It has 4 or § dorsal spines.

OrpER ACANTHOPTERI (The Spiny-Rayed Fishes)
Famity Aphredoderide (The Pirate Perches)

Dorsal fin single, with few small spines. Vent anterior, its position varying with age,
from just behind the ventral fins in the young, to below the preopercle in the adult. One
genus and species among living fishes, confined to the eastern United States. The group
is so distinct that Jordan and Evermann place it in a distinct suborder, Xenarchi.

‘No less than four genera of these fishes have been described by Cope from the Rocky
Mountain Tertiaries. Jordan and Evermann remark that these fossil genera “‘seem to
stand between A phredoderus and Elassoma, which seem to be near relatives on the one
hand, as Percopsis is on the other.”

The fossils are:

Trichophanes foliarum Cope, and T. copei, Osborn, Scott and Speir, Miocene shales
of Florissant, Colorado.

Amphiplaga brachyptera Cope, Asineops pauciradiatus Cope, A. sqguamijrons Cope,
Erismatopterus endlichii Cope, E. levatus Cope, and E. rickseckeri Cope, all from the Green
River beds of Wyoming.

Famity Mugilide (The Mullets)

Two short dorsal fins, well separated, the anterior with four stiff spines, of which the
last is much the shortest.

Pelecorapis berycinus Cope, is from the Pierre Cretaceous of Montana.

Syllemus latijrons Cope, is from the Benton Cretaceous, doubtfully of New Mexico.

Famity Centrarchide (The Sunfishes)

Body more or less shortened and compressed. Dorsal fins confluent.

Jordan and Evermann say: “fresh-water fishes of North America; genera 12; species
about 30, forming one of the most characteristic features of our fish fauna.” They appear
to be very few in the vicinity of the Rocky Mountains, however.

Dorsal fin scarcely longer than anal; silvery olive, mottled with clear olive green (Boulder

County, introduced: Juday). . . . . . . . Pomoxis sparoides (Lacép.)
(Calico Bass).
Dorsal fin much larger thanthe anal . . is
1. Body comparatively elongate, the depth . adult shout Gace the jenett dorsal
fin low, deeply emarginate, with 1ospines. . . a Wycaeenes

Body comparatively short and deep; dorsal fin not decay eciaigtante 3.
2. Mouth moderate; young more or less barred or spotted, never with a black lateral
band (introduced in Montana) . . . . . . . Micropterus dolomieu Lacép.
(Smal]l-mouthed Black Bass).
Mouth large; young with a blackish lateral band (introduced in Boulder Co., Colo.,
and Montana). . .. .. . . . . « « Micropterus salmoides Lacép.
(Large-mouthed Black Bass).

FISHES OF THE ROCKY MOUNTAIN REGION Lr

3. Dorsal spines strong and high, the longest usually longer than snout and eye; olive
green, adults dark; sides with undulating greenish bars, becoming obsolete in adult
(Rio(Grande) 5 ~3) ) = . . . Lepomis pallidus (Mitchill) (Blue-gill).
Dorsal spines low, the fengest little lonversthan Shout! 2c) ine seas

4. Brilliant blue and orange, the back chiefly blue, the belly entirely orange; cheeks orange
with bright blue stripes; length 8inches. (Rio Grande) Lepomis megalotis (Raf.)

(Long-eared Sunfish).

The prevailing shade green, with a strong brassy luster on sides, which becomes

nearly yellow below; each scale usually with a blue spot. (Boulder County, Juday;

Rio Grande) . . . . . . Apomotis cyanellus (Raf.) (Blue-spotted sunfish).

Spirit specimens of A pomotis cyanellus are a sort of bluish-gray or pale plumbeous, with

a faint lattice-marking, and scattered small dark spots. The fish is quite unlike any other
native in Boulder County.

Fic. 8.—Etheostoma towe.

Famity Percide (Perch Family)

Mioplosus Cope, is a genus of the Green River Shales of Wyoming, with the following
species: M. abbreviatus Cope, M. beani Cope, M. labracoides Cope, M. longus Cope,
M. sauvageanus Cope.

The living forms are as follows:

Large fishes, with preopercle serrate; mouth large, terminal. . . . - I.
Small fishes, preopercle entire or nearlyso . . . Beye ts pal 2:
1. Canine teeth none; body oblong; ventral fins near iguether: hack dark olivaceous,
sides golden yellow, with 6 or 8 dark bars (Montana, introduced)
Perca flavescens Mitchill (Yellow Perch).

Canine teeth on jaws and palatines; body elongate, head with a snakelike aspect

(Upper MissouriR.) . . . . . . . Stizostedion canadense boreum Girard.

(Northern Pike-Perch).

2. Only one anal spine (A I, 7 to 9); length of fish about or nearly 70 mm.; scales larger
than in E. iowe, about 13 mm. across; eye about 13mm. from mouth; dorsal fins
touching, or slightly separated; parietal region of head concave. (Boulder Co., Juday)
Boleosoma nigrum Raf.

Two analspines; analrays6to8 . . . . RE Ny Saeco
3. Humeral region with a distinct black process or pale: sates 46 to 55 in lateral line;
snout much shorter than eye (Cafion City, Colo.) . Etheostoma cragini Gilbert.

Humeral region with at mostafaintdark spot . . - .- . . + 4

178 UNIVERSITY OF COLORADO STUDIES

4. Head entirely scaleless; scales 6-48 to 54-8; olivaceous, with dark blue bars. (Dim-
mit Lake, near Roswell, N. M., Cockerell). Etheostoma lepidum Baird and Girard.
Head partially scaly; scales 5-55 to 63-11; length about 55 mm.; scales a little over
Imm. across; eye about ? mm. from mouth; dorsal fins distinctly separated. (Boul-
der Creek, Boulder, Nov. 1907.) . . . . £theostoma iowe Jordan and Meek.

Famity Pomacentride (The Demoiselles)

Fishes of tropical seas. Nostril single on each side, nearly round, a character “shared
with the Cichlide only, from ancestors of which group the Pomacentride are probably
descended.”

Priscacara Cope is a genus of the Green River shales in Wyoming, with these species:
P. clivosa Cope, P. cypha Cope, P. hypsacantha Cope, P. liops Cope, P. oxyprion Cope,
P. pealei Cope, P. serrata Cope. A good example of P. liops (with, however, 14 caudal
vertebrz instead of 13) isin the Museum of the University of Colorado (Maxwell collection).

Fic. 9.—Cottus punctulatus.

OrpER PLECTOGNATHI
Famity Cottide (The Sculpins)
Caudal peduncle very slender, its least depth not much greater than diameter of eye;
body and head profusely speckled (Green River, Wyoming). Cottus punctulatus Gill.
Caudal peduncle deep, its least depth equal to length of snout; back and sides less dis-
Pimepiprspecicleds, 109 1.0 (OVA ORE EAT VN YS FOGNE OS ahh tan Arent dette at eR eve
1. Head blunt, low, rounded anteriorly; body with vague dark clouds and specks.
(Colorado, New Mexico, Wyo., Mont.)
Cottus semiscaber Cope (Rocky Mountain Bullhead).
Head less rounded, with a median depression; body usually with broad, oblique,
dark bars; small and slender; the spinous dorsal very low. (Swan R., Montana,
Linton, possibly in error for semiscaber) . . . . Cottus ictalops bairdii Girard.
Famity Gadide (Codfish Family)
Scales small, cycloid; mouth large; chin with a barbel. Marine, except Lofa. Anal
fin not notched; length of fish 2 feet; barbel longer than eye (Montana).
Lota maculosa Le Sueur (Burbot or Ling).

t E. iowe seemed far out of range, but I sent a speciman to Dr. Evermann, and he reports that it agrees
we!l with typical specimens from Iowa and Nebraska.

THE SANDSTONE OF FOSSIL RIDGE IN NORTH-
ERN COLORADO AND ITS FAUNA

By Junius HENDERSON

Fossil Ridge is a low ridge of sandstone extending in an approximate
north-south direction for several miles, lying between the Colorado and
Southern Railway track and the Ft. Collins-Loveland wagon road,
south of Ft. Collins. Fossil Creek cuts through the ridge about five
miles south of Ft. Collins, near where the ridge in its northward extension
passes into the general level of the divide and thus disappears. Weath-
ered out on the surface of this sandstone are innumerable hard, sandy
concretions, from a few inches to four feet in diameter, containing large
numbers of fossils, which have given to the ridge and creek the names
they bear. The large size and abundance of some of the species attract
the attention of even the most unobserving traveller who passes over
the ridge. In the early reports the locality was variously called Fossil
Ridge and Fossil Creek. As the ridge follows a definite stratigraphic
horizon, while the creek cuts across strata several thousand feet in thick-
ness, the former name seems preferable in a geological sense.

This vicinity is of peculiar interest to the paleontologist as the type
locality of some interesting forms, as well as because of the pronounced
intermingling of Pierre and Fox Hills species. A correct understanding
of this and related sandstones may also have a very practical value in
the exploration for oil.

These beds seem to occupy a position about one-third of the way
up from the bottom of the Ft. Pierre Cretaceous. As the Pierre in this
region is from 5,000 to 7,000 feet in thickness, the importance of finding
narrow, persistent, identifiable horizons, either lithological or paleon-
tological, within the formation, is at once apparent. Oil of excellent
quality and in paying quantities is found in the Pierre at several places
in Colorado, as at Boulder and Florence. There is every reason to
believe that the production of petroleum may be greatly increased by

179

180 UNIVERSITY OF COLORADO STUDIES

intelligent prospecting along the
plains bordering the foothills of
eastern Colorado, but the prospect-
ing thus far has resulted in a vast
amount of dead work upon which
the comparatively few producing
wells must pay interest in order to
make the industry on the whole a
profitable one. The accumulation
of oil in the rocks is known to be
controlled largely by folds. The
great thickness of this formation, its
homogeneity and the lack of closely
connected outcrops over large areas
render the accurate determination
of such structural features very
difficult. For this and other reasons
the prospecting has thus far been
carried on chiefly by haphazard
boring, the location of many borings
having been based upon the use of
the ‘‘bobber,”’ the finding of horse-
shoes and rabbit tracks and other
superstitious methods. In conse-
quence many holes have been put
down where more thorough and sys-
tematic prospecting would have
shown their probable folly and more
likely ground has been wholly over-
looked. Where the oil is reached at
a depth of hundreds of feet, as here,
the expense of dry holes is an item to
be seriously considered. Hence the
growing demand for a better under-
standing of the Pierre formation.

L \idoulog
| ee“

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th BEEN E
ee A
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a aS ee
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Fic. 1.—Map showing relation of Hygiene sandstone to older formations of foothills, prepared by Mr. H. F. Watts from the writer’s data.

THE SANDSTONE OF FOSSIL RIDGE 181

The importance of a thorough understanding of the Cretaceous
sandstones in connection with irrigation projects and the utilization of
the high, dry plains is also becoming more and more apparent. These
sandstones absorb great quantities of water from ditches and reservoirs,
carrying it off beneath the surface, to reach the surface again perhaps
far away from the point of entrance. As the demand for water for
irrigation increases the necessity of stopping this seepage by avoiding
the sandstones or cementing over them will increase. On the other
hand, experience proves that a thorough knowledge of these sandstones
and their relations to overlying and underlying formations will greatly
simplify the problem of wells for minor irrigation and stock watering
on the divides which cannot practically be reached by ditches from
streams.

This paper is not intended as a complete solution of any of these
problems, but merely to record at least a portion of our present knowledge
of an important member of the Pierre Group, which may be of assistance
to future workers in the field.

Emmons, Cross and Eldridge long ago reported a persistent sand-
stone in the lower Pierre of the Denver Basin. More recently Dr. Fen-
neman described more in detail a sandstone in the lower Pierre of the
Boulder District, which he called the Hygiene, extending from the
northern part of the area covered by the Denver Basin monograph
to a point west of Berthoud, which is likely a continuation of the one
in the Denver Basin. Early in our work upon Fossil Ridge the writer
was impressed with the possibility that it was a continuation of the Hygi-
ene sandstone. Against this idea were two facts, the distance of Fossil
Ridge from the foothills and the presence therein of numbers of Fox
Hills species which are not found in the Pierre of the Boulder District.
The first objection is explained away by our investigations, but the other
is still unexplained. The Niobrara formation is found quite uniformly
at the base of the first slope of the foothills. By referring to the map
herewith it will be noted that the Hygiene at Boulder is within one-fifth
of a mile of the Niobrara outcrop, while nine miles farther north it is
about two miles distant with a dip of 63 degrees. Opposite the Rabbit
Mountain fold east of Lyons we found it again within one-half mile of

182 UNIVERSITY OF COLORADO STUDIES

the Niobrara with a dip of 70 degrees. This difference in relative posi-
tion is due chiefly to folds and difference in dip, though possibly there
is also some difference in the thickness of the underlying portion of the
Pierre shales, as it would not be likely to retain the same exact thickness
for such distances. From the Rabbit Mountain outcrop the sandstone
continues northward with a dip of about 15 degrees, exposed at intervals
about a mile from the Niobrara outcrop, to a point west of Berthoud
whence it is thrown rapidly to the eastward in its northward extension,
the sudden change in strike being due chiefly to a change in direction of
dip produced by the Arkins fold. At the same time the distance from
the foothills increases to an average of nearly three miles, largely in
consequence of the flattening of the dip, which in places from Loveland
northward falls as low as eight degrees and north of Ft. Collins drops
to five degrees. The sandstone passes into the Big Thompson Valley
about half a mile southeast of Loveland and is covered by river débris,
but outcrops again on the north side of the valley immediately northeast
of town at the south end of Lake Loveland, there occupying almost exactly
the same relative position with reference to the Niobrara as at Fossil
Ridge, and containing numbers of Inoceramus oblongus, Anomia reti-
formis and Scaphites nodosus, so characteristic of Fossil Ridge. We
found there, too, a tendency toward concretionary structure of the
sandstone, though not so pronounced as at Fossil Ridge. From this
point the sandstone is traceable directly into Fossil Ridge, leaving little
chance for doubt that Fossil Ridge is a tontinuation of the Hygiene
sandstone. We have not traced the sandstone across the Cache la
Poudre Valley, but from where it disappears on the south side of the valley
we passed northward through Ft. Collins and found it exactly where
it should occur on the north side-of the valley, in every respect the same
as at Fossil Ridge, including the typical concretions and their fossils.
From Loveland northward the strike is almost due north as far as we
traced it. North of Ft. Collins it passes along the east shores of Terry
Lake, Rocky Ridge Reservoir No. 1 and Douglas Lake Reservoir No. 10;
the cutting away of the sandstone at the two latter places by undermining
from the west forms a steep west-facing bluff which slopes from the
escarpment gently eastward. This is called Rocky Ridge. While the

THE SANDSTONE OF FOSSIL RIDGE 183

strike of this sandstone is uniformly north in the northern part of the
field, its distance from the foothills varies more or less on account of the
sinuous strike of the foothills formations, which is due to important
folds, their failure to materially affect the strike of the Hygiene sandstone
perhaps being due to the yielding nature of the intervening Pierre shales.

Both above and below the harder ridge-making portion of the Hygiene
everywhere are softer sandstones, and a short distance to the eastward
is a more or less persistent sandstone which forms a marked ridge east
of Fossil Ridge and Rocky Ridge.

The fact that this sandstone is continuous from Boulder to Rocky
Ridge does not render entirely necessary the conclusion that the former
at Boulder and the latter at Ft. Collins are synchronous, though no
evidence has been found to the contrary. In this region the Pierre for-
mation, together with the overlying Fox Hills and the underlying
Niobrara and Benton, are marine, as shown by the unvarying evidence
of the fossils contained therein. The base of the Pierre all along the
plains adjacent to the foothills consists of black shales to a thickness of
hundreds of feet, the conditions under which they were deposited having
been quite uniform throughout the region.

Among the possible changes which could have caused the temporary
and widespread deposition of sandstone instead of shales may be men-
tioned: (a) an unlift of the adjacent land surface, so that coarser mate-
rials would be carried seaward by the streams; (0) the cutting away of
certain formations on the land surface so as to expose to erosion materials
of different character; (c) the shallowing of the sea, either by uplift or
sedimentation, and consequent increase of the power of waves and
along-shore currents; (d) the increase of currents from any other
cause.

That the sandstones were laid in somewhat quiet water is evident
from the unbroken and unworn condition of the fossils, even such fragile
shells as Anomia retiformis Meek. The bivalves also are mostly found
with the valves in juxtaposition. We have seen very few specimens
which showed evidence of having been broken before being buried, the
only really noteworthy case being a bryozoan on a fragment of Placenti-
ceras in such position as to show that it lived on the shell after it was

184 UNIVERSITY OF COLORADO STUDIES

broken. Quiet water is also indicated by absence of cross-bedding and
coarse material.

While it may be true that the two sandstones are not absolutely syn-
chronous, on the whole it seems quite probable that they are. The two
seem to occupy the same positions with reference to the overlying Fox
Hills sandstones and the underlying Niobrara limestone. The. fauna
of the Fossil Ridge district bears a much closer resemblance to that of
the Fox Hills formation than does that of the Hygiene horizon at Boulder,
but the absence of many of the Fox Hills species from the Boulder
District may be due to local conditions existing during Pierre
time, though more likely the apparent difference is due to the less
fossiliferous character of the outcrops in the Boulder District. The
paleontologic evidence is not sufficient to overcome the direct
stratigraphic evidence.

ANALYSIS OF FossiIL RIDGE FAUNA

The following species have almost no value in this connection, for
various reasons, many of them being found in only one or two localities
and consequently their geological range being but little known:

Beaumontia solitaria Capulus n. sp.
Chetetes dimissus Gyrodes crenata
Serpula n. sp. Anchura haydent
Panopea berthoudi Volutoderma n. sp.
Ostrea patina Anisomyon centrate

Anatina n. sp.

Halymenites major is said to range as low as the Benton and is
common in the Fox Hills sandstone, so that it is without value in this
discussion.

Baculites compressus and Scaphites nodosus have been found just
below the Hygiene at Boulder.

The following have been found immediately above the Hygiene at
Boulder:

Inoceramus oblongus Callista deweyt
Inoceramus proximus Anisomyon borealis
Inoceramus vanuxemt Nautilus dekayi
Ostrea inornata Placenticeras whitfieldi

Anomia retiformis

Frc. 2.—General view of Fossil Ridge about seven miles south of Ft. Collins, showing
the massive sandstone with weathered out fossiliferous concretions lying on surface.

Fic. 3.—Concretion in foreground of Fig. 2, containing Inoceramus oblongus measur-
ing from six to eight inches in length.

THE SANDSTONE OF FOSSIL RIDGE 185

Baculites ovatus, Inoceramus barabini and Avicula linguiformis have
been reported to range through the Pierre and into the Fox Hills.

The following are in other localities usually confined to upper Pierre
or Fox Hills, or both, and have not been found in or immediately above
the Hygiene at Boulder:

Ostrea pellucida Margarita nebrascensis
Volsella meekit Anchura americana
Thracia gracilis Anisomyon patellijormis

Scaphites nicolletii

The following, though we have found them elsewhere in northern
Colorado only in Upper Pierre and Fox Hills strata, are known in other
regions to range low in the Pierre, according to Dr. T. W. Stanton (MSS):

Avicula nebrascana Pholodomya subventricosa
Cardium speciosum Tellina scitula
Placenticeras intercalare

From the foregoing it seems clear that the fauna itself is not deter-
minative of the exact horizon, so that we must rely upon the stratigraphic
evidence.

Professor D. W. Spangler, Messrs. G. S. Dodds, Harvey C. Markman
and Harry W. Clatworthy have rendered notable assistance in this work,
particularly in the search for fossils. The writer also wishes to express
appreciation of the great assistance rendered by Dr. T. W. Stanton, of
the United States Geological Survey, in the identification of material
and in advice on various matters, and the assistance of Professor R. P.
Whitfield in identifying a few specimens. Descriptions are in prepara-
tion of several new species found at Fossil Ridge.

PARTIAL BIBLIOGRAPHY
The following works bear either directly upon the sandstones in ques-
tion or contain descriptions, figures or discussions of species found at
Fossil Ridge:

Cross, WHITMAN. See Emmons.

ELDRIDGE, GEORGE H. See Emmons.

Emmons, SAMUEL F., WHITMAN CROSS AND GEORGE H. ELDRIDGE. Geology of the
Denver Basin. U.S. Geol Sur., Mon., Vol. XXVII, 1896. Discusses the Cretaceous
formations in detail, mentions sandstone probably same as Hygiene and contains
list of fossils on pp. 78, 79.

186 UNIVERSITY OF COLORADO STUDIES

FENNEMAN, N. M. Geology of the Boulder District, Colorado, U. S. Geol. Sur., Bull. No.
265, 1905. Discusses, inter alia, the Hygiene sandstone.

HENDERSON, JuUNIUS. ‘Paleontology of the Boulder Area.” Univ. oj Colo. Studies,
Vol. II, No. 2, pp. 95-106, 1904.

“Scientific Expedition to Northeastern Colorado. II, Paleontology—Account
of Collections Made.” Univ. of Colo. Stud., Vol. IV, No. 3, pp. 149-152, 1907.
KNOWLTON, FRANK Hatt. Flora of the Montana Formation. U. S. Geol. Sur., Bull.

No. 163, 1900. Discusses Halymenites major.

MEEK, F. B. A Report on the Invertebrate Cretaceous and Tertiary Fossils of the Upper
Missouri Country. U.S. Geog. and Geol. Sur. of the Terr. (“Hayden Survey”’),
Mon., or Fin. Rept., Vol. IX, 1876. Descriptions and figures of the majority of our
species are contained in this volume.

United States Geological Exploration oj the Fortieth Parallel (‘King Survey”),
Fin. Rept., Vol. IV, Pt. II, “Paleontology,’’ 1877. Describes and figures many of
our species, including Anomia retiformis, from Fossil Ridge.

STANTON, T. W. “Paleontological Notes.” Proc. Colo. Sci. Soc., Vol. Il, pp. 184-187,
1888. Discusses Pierre fossils north of Boulder.

STANTON, T. W., and Know ton, F. H. Geology and Paleontology of the Judith River
Beds, U. S. Geol. Sur., Bull. No. 257. Contains a discussion of distribution of some
so-called Fox Hills species and the relation of the Western Cretaceous formations.

WELLER, STUART. Geological Survey of New Jersey: Paleontology, Vol. IV, 1907. On
pp. 683-686 is a discussion of Gyrodes, two species of which are in our list.

Wuirr, CHartEs A. “Report on the Paleontological Field Work for the Season of
1877,” U. S. Geog. and Geol. Sur. of the Terr. (“Hayden Survey”), 11th Ann. Rept.
(for 1877), pp. 161-319. Lists 13 species from Fossil Ridge.

“Contributions to Invertebrate Paleontology, No. 2: Cretaceous Fossils of the
Western United States and Territories.” Jd., 12th Ann. Rept. (for 1878), Pt. I.
pp- 1-39-

(These two papers describe and figure some of our Fossil Ridge species.)

WHITFIELD, R. P. Gastropods and Cephalopods of the Raritan Clays and Greensand
Marls of New Jersey, U. S. Geol. Sur., Mon., Vol. XVIII, 1891. Contains descrip-
tions and figures of a number of our species and on page 32 discusses the strati-
graphic relations of the Pierre and the Lower Mars.

SYSTEMATIC PALEONTOLOGY

PLANTS
Halymenites major Lx.

This sparsely branching seaweed, covered with tubercles and easily recognized, is
very abundant in these beds from Rocky Ridge, six miles north, to Fossil Ridge, six miles
south, of Ft. Collins, and in a higher sandstone east of Fossil Ridge. None found in the
Pierre of the Boulder District, but abundant in the Fox Hills beds from Denver Basin
northward. Found from top of Benton to Fox Hills, or perhaps Tertiary [Frank Hall
Knowlton, Flora of the Montana Formation, U.S. Geol. Sur., Bull. No. 163, pp. 17, 18],
and hence useless in the determination of the stratigraphic position of any member of the
Pierre.

THE SANDSTONE OF FOSSIL RIDGE 187

Fragments of undetermined fossil wood are common south of Ft. Collins, often
honeycombed by Teredo or other wood-boring mollusks. There are also casts of perfectly
round, smooth, straight plant stems, undetermined.

ANIMALS

CCELENTERATA
Beaumontia solitaria White
Fossil Ridge is the type locality for this species. We have not seen it and find no
other record except a conglomerate pebble in the Denver Beds.

Chetetes dimissus White
The type locality is Fossil Ridge, where it is abundant. Not recorded elsewhere,
but we found it common also at the same horizon at Rocky Ridge, north of Ft. Collins.

ANNELIDA
Serpula n. sp.
Common at Fossil Ridge, the type locality, and at Rocky Ridge. Have not seen it
elsewhere. An undetermined Serpula reported from the lower Pierre of the Denver Basin
may be of this species, but we have not seen specimens of it.

POLYZOA
Membranipora sp.

An undetermined species found on fragments of Anchura and Placenticeras at Fossil
Ridge, in the latter case in such position as to show growth after the cephalopod had
been broken up. We found the same or a similar species on Baculites below the Hygiene
sandstone at the mouth of Little Thompson canyon, northeast of Lyons.

MOLLUSCA

PELECYPODA
Panopea berthoudi White
Described as Glycimeris berthoudi by Dr. White, but belonging to the genus Panopea,
following Dr. Dall’s able treatment of that and related genera, which appears to be gener-
ally accepted. The type locality of this species is Fossil Ridge. We are aware of no
other records, but have received several specimens collected near Meeker, Colorado, by
Professor F. H. Hopkins.

Pinna lakesi White

The type locality is Fossil Ridge, where it is quite common. We know of no other
records except one in Canada [J. F. Whiteaves, Contributions to Canadian Paleontology,
Vol. I, Pt. I, p. 84, 1885, “Geol. and Nat. Hist. of Canada’’], but have seen one other
specimen collected near Meeker, in northwestern Colorado, by Professor F. H. Hopkins.
Inoceramus crippsii var. barabini Morton

Numbers of specimens are found at Fossil Ridge. In Boulder District and at Love-
land and Berthoud it is found in, below and above the Hygiene sandstone. In the Denver
Basin monograph the species is credited to the Fox Hills and upper and middle Pierre,
but from Boulder to five miles north of Ft. Collins we have found it in the lower third of
the Pierre and have seen no examples in Fox Hills strata. In the upper Missouri region
it is found in Pierre strata (Meek).

188 UNIVERSITY OF COLORADO STUDIES

Inoceramus oblongus Meek

This large shell, many examples measuring from eight to ten inches in length and
six inches in breadth, is the most abundant species in the Hygiene beds from Lake
Loveland to Rocky Ridge. Frequently a dozen are found in a single concretion. We
have found a few just above and possibly in the Hygiene sandstone in the Boulder District,
but by no means as robust as the more northern examples. It would be interesting to
know the difference in conditions which made this species so abundant and large near
Ft. Collins. It is enormously variable, particularly in the ratio of breadth to length.
Our fine series passes by minute gradation from extremely compressed to highly inflated
forms, the majority, however, being much inflated. Reported also from near Morrison,
Colorado (White). We have no other records.

Inoceramus sagensis Owen

Quite common at Fossil Ridge and Rocky Ridge. We have found it in large numbers
just above the Hygiene sandstone from three to eight miles north of Boulder and a few in
that sandstone. Found in the Pierre of upper Missouri region (Meek).

Inoceramus proximus ? Tuomey

One specimen from Fossil Ridge is doubtfully referred to this species, and a few from
above the Hygiene sandstone at Haystack Butte north of Boulder. Found in the lower
Pierre of the upper Missouri region (Meek).

Inoceramus vanuxemi M. and H.

Recorded from Fossil Ridge by Dr. White and we have two or three specimens from
there. It is very abundant in two or three thin calcareous sandy strata above the Hygiene
sandstone three miles north of Boulder and we have seen one or two excellent specimens
in that sandstone itself at Haystack Butte. Found in Pierre of upper Missouri region
(Meek).

Avicula linguiformis E. and S.

Common at Fossil Ridge and a few found at Rocky Ridge. In the Denver Basin
monograph this species is credited to the upper Fox Hills. In Dr. White’s list it appears
as Pteria linguiformis. “Ranges through the Fort Pierre and Fox Hills Groups” in the
upper Missouri region (Meek).

Avicula nebrascana E. and S.

We found one specimen at Fossil Ridge, a few above the Hygiene sandstone at the
brick kiln near University Campus in Boulder and four miles north of Boulder, and a
large number at the top of the Pierre shales four miles southeast of Windsor. Some of
the early literature of western paleontology records this as Pteria nebrascana. Found
in upper Pierre and Fox Hills in the upper Missouri region (Meek.)

Ostrea inornata M. and H.

We have one or two examples from Fossil Ridge. It is abundant just above the
Hygiene sandstone from three to seven miles north of Boulder and west of Berthoud.
In La Plata quadrangle it is reported from the upper Mancos formation, the probable
equivalent of lower or middle Pierre. [Whitman Cross, Arthur Coe Spencer and Chester
Wells Purington, La Plata Folio, Geologic Atlas of the United States, U. S. Geol. Sur.,
Fol. 60, p. 5, 1899.] Found in the upper Pierre of the upper Missouri River region (Meek).

THE SANDSTONE OF FOSSIL RIDGE 189

Ostrea patina M. and H.

‘Rather common on Fossil Ridge from five to seven miles south of Ft. Collins. We
have seen none elsewhere and find no other records for Colorado. Found in the Pierre
of the upper Missouri River region (Meek).

Ostrea pellucida M. and H.

Rather common on Fossil Ridge. Not noticed in the Boulder District. Reported
from the Mesa Verde formation, in La Plata Quadrangle. [Cross, Purington and Spencer,
Folio 60, Geol. Atlas of the United States, supra, p. 5.) Found in the Fox Hills of the upper
Missouri River region (Meek).

Anomia retiformis Meek

Abundant in the Hygiene sandstone from Lake Loveland to Rocky Ridge. Fossil
Ridge is probably the type locality, which is described as a “‘ridge southeast of La Porte.”
[Meek, Fortieth Parallel Survey, Vol. IV, Pt. I, p. 141.] Found occasionally above the
Hygiene sandstone in the Boulder District.

Volsella meekii E. and S.

We found a number on Fossil Ridge from five to seven miles south of Ft. Collins.
Not seen by us or recorded elsewhere in the state. Found on Yellowstone River in strata
containing a blending of Pierre and Fox Hills species (Meek).

Pholodomya subventricosa M. and H.

We found one specimen five miles south of Ft. Collins on Fossil Ridge, and two at
what is usually considered the upper limit of the Pierre southeast of Windsor. It is found
in either the Eagle or Claggett formation (Stanton MSS, reported by Meek as Fox Hills) on
the Judith River, Montana.

Anatinau sp.

Fossil Ridge, seven miles south of Ft. Collins, is the locality where we first found this
shell. We also found one small specimen at the same horizon at Rocky Ridge, and
several near the top of the Pierre as its limits are generally understood in Northern Colorado,
southeast and southwest of Windsor.

Thracia gracilis M. and H.

We found several specimens on Fossil Ridge from five to seven miles south of Ft.
Collins. We are aware of no other records or specimens from Colorado. It is found in
the Claggett formation (Stanton MSS, reported by Meek as Fox Hills) near the mouth of
Judith River, Montana.

Nezra? sp.

A single specimen not specifically identifiable but probably referable to this genus we
found in the Fossil Ridge sandstone south of Ft. Collins.
[Veniella humilis M. and H.

The record of this species was based upon a cast of a single valve, which we have
recently examined and find its identity not certain enough to warrant the retention of the
record. The species is abundant at the top of the Pierre east of Fossil Ridge, southeast
of Windsor.]

[Lucina occidentalis Morton

_ This record was based upon specimens so labelled in the University collections. An
examination shows that they are Callista deweyi M. & H., a common Fossil Ridge species.
However, this Lucina is found at about the same horizon at Boulder.]

Igo UNIVERSITY OF COLORADO STUDIES

Cardium speciosum M. and H.

Abundant at Fossil Ridge and Rocky Ridge. We have not found it elsewhere below
the upper Pierre, but it is abundant throughout the Fox Hills formation from Boulder
Creek to the Cache la Poudre. Found in Eagle and Claggett formations, equivalent to
lower Pierre (Stanton MSS, reported by Meek as Fox Hills) on the Judith River, Montana.

Callista deweyi M. and H.

Common at Fossil Ridge and Rocky Ridge. We have found a number immediately
above the Hygiene sandstone three miles north of Boulder. In the Denver Basin mono-
graph it is credited to Fox Hills strata. In a former paper [University of Colorado Studies,
Vol. II, p. 104] the writer listed this species from Fossil Ridge as Lucina, by a curious over-
sight. It is found on the Yellowstone River in strata containing a blending of upper
Pierre and Fox Hills fossils (Meek).

Tellina scitula M. and H.

We have a single valve from Fossil Ridge, a species we have found in the Fox Hills
sandstone at every exposure examined from the Denver Basin to the Cache la Poudre.
It is recorded from Fox Hills strata also in the Upper Missouri region (Meek), and Dr.
Stanton (MSS) reports it from low in the Pierre elsewhere.

Mactra sp.
A small specimen not specifically determinable, probably juvenile, we found on
Fossil Ridge seven miles south of Ft. Collins.

Teredo ? sp.
Fossil wood is found on Fossil Ridge containing casts of borings resembling those of
Teredo or Parapholas.

GASTEROPODA

Margarita nebrascensis M. and H.

Abundant at two or three places along Fossil Ridge. We are not aware of its occur-
rence elsewhere in Colorado. Found on the Yellowstone River in Pierre and Fox Hills
strata (Meek).

Capulus n. sp.
Fossil Ridge is the only locality in which we have found this species, and only two
adults and one juvenile were found.

Gyrodes abyssina Morton

A single specimen of this species from Fossil Ridge was heretofore recorded as
Lunatia sp., but Professor R. P. Whitfield has since shown its identity with the New Jersey
species. Like Gyrodes crenata Conrad, it is found in the Lower Marls of New Jersey,
forming additional threads in the strand of evidence connecting those beds with the Pierre
shales in point of time. [Whitfield, U.S. Geol. Sur., Mon., Vol. XVIII, pp. 32, 123, 125;
Weller, Geol. Sur. of New Jersey, Paleontology, Vol. IV, pp. 683-685.]
Gyrodes crenata Conrad

We have a single specimen found at Fossil Ridge. Identified by Professor R. P.
Whitfield as G. infracarinata Gabb, which appears equivalent to Conrad’s species. [Weller,
Geol. Sur. N. J., Paleontology, Vol. IV, pp. 685-686.] As to its occurrence elsewhere,
see Gyrodes abyssina.

THE SANDSTONE OF FOSSIL RIDGE IgI

Gyrodes sp.
One example belonging to this genus but specifically undetermined was found at
Fossil Ridge. It is distinct from either of the foregoing.

Anchura haydeni White

Fossil Ridge is the type locality of this fine species. A specimen has been reported
at Boulder [Univ. Colo. Studies, Vol. II, p. 101], but the specimen is not now to be found
and it is believed to be a case of mistaken identity. We are not aware of its occurrence
anywhere else and it is not common at Fossil Ridge.

Anchura americana E. and S.

We obtained two specimens at Fossil Ridge, two above the Hygiene sandstone at the
brick kiln east of University Campus, Boulder, and one at the same horizon above the
Hygiene four miles north of Boulder, In the Denver Basin monograph it is credited to
the middle Pierre and lower Fox Hills. In the upper Missouri region it is found in strata
containing a blending of Pierre and Fox Hills species (Meek).

Fasciolaria ? sp.

Casts belonging apparently to this genus have been found at Fossil Ridge from five
to seven miles south of Ft. Collins. A small example of F. ¢ulbertsoni, usually con-
sidered a Fox Hills species, was found below Hygiene sandstone southwest of Berthoud.

Volutoderma n. sp.

The only locality in which we have found this species is Fossil Ridge, seven miles
south of Ft. Collins, and only two specimens found there.
Haminea? sp.

Where Fossil Creek crosses Fossil Ridge we found a specimen somewhat doubtfully
referred to this genus and specifically undetermined. It has the appearance of H. sub-
cylindrica M. and H.

Anisomyon borealis Morton

A few found at Fossil Ridge. It is reported from a horizon somewhat above the
Hygiene sandstone north of Boulder (Stanton), and from the base of the Pierre in the upper
Missouri region (Meek).

Anisomyon centrale Meek

We found eight or ten on Fossil Ridge. It is not clear from the literature just what

horizon it occupies in other localities.

Anisomyon patelliformis M. and H.

We have found a dozen at Fossil Ridge, none exceeding an inch in length. There
is some doubt as to the validity of some of the nominal western species closely related
to this one. With our specimens the narrower outline and more nearly central apex of
the juveniles, as indicated by the lines of growth and by one immature specimen, point to
subovatus, but in the angle of apical convergence and small size they are as patelliformis.
On the Yellowstone river it is found in strata containing a blending of upper Pierre and
Fox Hills species (Meek).

CEPHALOPODA
Nautilus dekayi Morton

We found one specimen at Fossil Ridge and Professor D. W. Spangler has presented

another from the same place. We also have one from above the Hygiene sandstone three

Ig2 UNIVERSITY OF COLORADO STUDIES

miles north of Boulder. Inthe Arkansas Valley it is reported from about the same horizon,
but the Denver Basin monograph credits it to the upper Pierre, where it is also found on
the Yellowstone River (Meek).

Ptychoceras sp.

We found one example at Fossil Ridge, undeterminable specifically. From three
to eight miles north of Boulder P. crasswm White and P. mortoni M. and H. are found just
above the Hygiene sandstone.

Baculites ovatus Say

Of this species, which is abundant from Boulder to the Little Thompson above, below
and in the Hygiene sandstone, we have found but three or four examples, yet curiously
enough Dr. White reported this species from Fossil Ridge and omitted B. compressus Say,
which is abundant there. The species ranges through the Pierre and into the Fox Hills.
Baculites compressus Say

Abundant at Fossil Ridge, but rather uncommon in the Boulder District, where,
however, it has been found both above and below the Hygiene sandstone.

Scaphites nodosus Owen

Found occasionally in the Hygiene sandstone from the south end of Lake Loveland
to Rocky Ridge. Inthe Boulder District it is found both above and below that sandstone.
In the Denver Basin monograph it is credited to the lower Fox Hills. On Yellowstone
River it is found in upper Pierre (Meek).

Scaphites nicolletii Morton

We have collected four specimens on Fossil Ridge, the only ones we have seen in the
state. It is reported from the Fox Hills formation on the Yellowstone River, etc. (Meek).
Placenticeras whitfieldi Hyatt

This large species is common on Fossil Ridge, but is usually found in fragments.
In Dr. White’s list on page 177 of his report it is given as “ Placenticeras placenta var.
DeKay sp.,” but in the text of the same report at page 186 “‘ Placenticeras lenticulare
Owen sp.’’ is mentioned from the same place, doubtless referring to whitfieldi, which he
could hardly have overlooked. A large number were found above the Hygiene sandstone
three miles north of Boulder.

Placenticeras intercalare M. and H.

We have but one example from Fossil Ridge—a small one. We also have one from
the base of the upper third of the Pierre three miles north of Boulder, one from the very
top of the Pierre (as its limits are understood in northeastern Colorado) at the mouth of
the St. Vrain, and one from the upper Fox Hills four miles southeast of Windsor, all only
a few inches in diameter.

PISCES
Lamna sp.
We have a single shark tooth, specifically undeterminable, from Fossil Ridge.

Veruuy V : Noite 4
THE
UNIVERSITY OF COLORADO

STUDIES

FRANCIS RAMALEY
EDITOR

PUBLISHED BY THE
UNIVERSITY OF COLORADO
BOULDER, COLO.

June, 1908

Price, 50 Cents

VotumeE V NuMBER 4

THE
UNIVERSITY OF COLORADO

STUDIES

FRANCIS RAMALEY
EDITOR

PUBLISHED BY THE
UNIVERSITY OF COLORADO
BOULDER, COLO.

JunE, 1908

Price, 50 Cents

CONTENTS

1. THE POPULATION OF COLORADO.

JouN Burton PuHitties, Px.D.
Professor of Economics and Sociology

2. THE ALLEGED GROWTH OF ALTRUISM IN THE CIVILIZED
LETT A ETB SME AN VS! Op Poet Me IN Pe a Ae

MELANCHTHON F. Lippy, Pu.D.
Professor of Philosophy

3. SomME LeGat ASPECTS OF HIGH-SCHOOL FRATERNITIES
Joun D. Friemine, B.A., LL.B.
Dean of the Law School
4. THE ScotcH RAIDS AND THE FOURTEENTH-CENTURY TAXA-
TION OF NORTHERN ENGLAND

James F. WitarpD, Px.D.
Professor of History
5. A List OF THE ENTOMOSTRACA OF COLORADO
GIDEON S. Dopps, M.A.

Instructor in Biology

PAGE

107

221

227

237

243

Le eas b st aM

THE POPULATION OF COLORADO

By JoHN BURTON PHILLIPS

Colorado was organized as a territory February 28, 1861. In the
summer of 1860 preceding, the census had been taken by United States
enumerators and, for the district which was given a territorial organiza-
tion at the above date, showed a population of 34,277 souls. On
August 1, 1876, the territory was admitted as a state. In the following
pages some observations are made on the variations of the population
since 1860 as to age, sex, nativity, and occupation.

INCREASE
POPULATION OF COLORADO AT CENSUS YEARS AND PERCENTAGE OF INCREASE*

Year Population Percentage of Increase
BOG eer cimjal ni eglte s None reported
TOOOM atte terse ms or 34,277 aia
DS 7Ov cfetfa sels aa 39,864 16.5
EO SO cicts Seka erates 194,327 387.5
EOOOnio schon aa eee 412,198 TRIM Et
TOOOerctos wlare stertyey ys 539,700 80.7

* Census, 1900, Population, Pt. I, p. xxiii.

This table shows that the greatest increase in the population of Colo-
rado occurred in 1859 and 1860 and again in the decade from 1870 to
1880. This is explained by the mining activity at these times. The
percentage of increase fell greatly after 1890, due to the severe depression
which characterized the earlier years of that decade.

AGE
PERCENTAGE OF BREADWINNERS IN POPULATION OF ALL AGES*

1870 1880 1890 1900
WnitediStates*= eee eeaaeeie 32.4 34.7 27.2 38.3
North Atlantic Division........ 33-34 36.6 40.2 40.8
South Atlantic Division........ 34.1 bie B70 38.3
North Central Division........ 30.0 32.4 34.9 36.4
South Central Division........ 32.6 33-9 3525 37.0
Nyesteme Division). 2 aseismic 41.6 42.8 44.3 41.6
Colorados sce via nce shot enianine 44.1 oe 46.7 40.4

* Census, 1900, Supplementary Analysis, p. 458.
197

198 UNIVERSITY OF COLORADO STUDIES

The above table shows the large number of persons among the popu-
lation of the West and especially in Colorado of middle and younger ages
as persons of such ages constitute the element engaged in gainful occu-
pations. The decline in the percentage for Colorado from 1890 to
1900 is probably due to the increase in the number of children and also
to the popularity of Colorado as a health resort and tourist attraction.

Age distribution is further shown by the fact that of the United
States Colorado ranks third in percentage of population from 4o to 49
years, being exceeded only by California and Nevada; fourth in per-
centage of population 30 to 39 years, being exceeded by Montana, Wyom-
ing and Washington, and sixth in percentage of population from 15 to
59 years, being exceeded by District of Columbia, Montana, Wyoming,
Nevada and California.‘ The large percentage of the population in
the productive ages is somewhat striking when compared with that of
the other divisions of the United States as appears from the following

table.
POPULATION OF PRODUCTIVE AGES. _ 1g00*
PERCENTAGE OF POPULATION, I5 TO 59 YEARS INCLUSIVE

Wnited (States! Maly 2 een es 59.1
North Atlantic Division . . . 62.6
South Atlantic Division . . . 55-3
North Central Division . . . 59-5
South Central Division . . . 54-7
Western Division 1/0 ce). 63.3
Coloraday es Ney ile cunts Wel uasianie 65.0

* Census, 1900, Supplementary Analysis, p. 152.
EXCESS OF MALES 21 YEARS OF AGE
Mate POPULATION OF COLORADO, 21 YEARS OF AGE AND OVER

Year Males Males 21 and Over Percents oe
OOO ra faierse ses wet oye. 32,691* 31,166 95-3
LS 7Onprevetstsre bee povstenierere 24,820 16,294 65.6
TSO fete Ae iolepaue aes ay shellere lols 129,131 93,608 72.5
TOGO caret pial cbtae eye 245,247 164,920 67.2
TOQOOWS easy cdeye cretermictars terete 295,322 185,708 62.9
United States, 1900...... 39,059,242 21,329,819 54.6

* 20 years and over. Census does not give number above 21.

This table shows the excess of the population, 21 years of age and
over, in Colorado and also the variations in this excess according to the

t Census, 1900, Supplementary Analysis, pp. 153, 161.

THE POPULATION OF COLORADO 199

rise and fall of prosperity in the state. The table also shows that there
still exists in the state a very considerable excess in the proportion of this
element of the population over that prevailing in the United States
generally. This disproportion was of course greater inthe former decades
of the state’s history. The population of Colorado has contained a
smaller proportion of children and aged persons than the normal popula-
tion. Young men of voting age have furnished the active element in
the development of the state. This appears from the table on p. 204,
showing the ages of the population in 1860 and from the following table
showing the average number of persons to each potential voter in 1900:

RATIO OF POTENTIAL VOTERS TO TOTAL POPULATION*

Average Number

States and Territories Total Persons Potential Voters eS Shr sinee

Voter
Wnitedt States) 3s. cfcirie \taercle 76,303,387 21,329,819 3-6
North Atlantic Division........ 21,046,695 6,265,767 3-4
South Atlantic Division........ 10,443,480 2,490,785 4.2
North Central Division......... 26,333,004 7,545,029 els
South Central Division......... 14,080,047 3,378,514 4.2
Western Division.............. 4,091,349 ~ 1,447,604 2.8
Coloradasc is syoeese sepals 539,700 185,708 2.9
Massachusetts)s :2%\./s)j.nicle- oes 2,805,346 843,465 ches:
ING WIMOEKasers sh teres Boulton a 7,208,894 2,184,965 a3
OHIGE ota e siels eels cies ORs 4,157,545 I, 212,223 ey
LO EEN els Be oat ea PSMA IAS NO Dyas TAO 276,749 67,172 4.1

* Census, 1900, Population, Vol. I, Pt. I, p. ccii.

A population with so large a percentage of men in the earlier years
of life is exceptionally active and well fitted to develop the resources of a
new state. People on the frontier represent that period of life when
physical vigor is at its maximum, they are energetic, entertain bold
conceptions, believe thoroughly in the future possibilities of their state
and have always been able through their representatives in Congress to
exercise an influence quite out of proportion to their numbers in deter-
mining the national policy.*

t The following resolutions of the Denver City Council illustrate the hopefulness characteristic of the
early population of Colorado:
REMOVAL OF THE CAPITAL
At the meeting of the city council on the third inst. the following resolutions were passed:
Wuereas, The time has arrived when the growth and expansion of the American people in their geo-

200 UNIVERSITY OF COLORADO STUDIES

SEX

MALE AND FEMALE POPULATION OF COLORADO WITH PERCENTAGE OF INCREASE
oF EacuH, 1860 TO 1900*

Percentage Increase | Percentage Increase

Year Males Females ak aiiies of Females

MO OO Aen Ae: cys ereters 32,961 T 550". "|: + een she gy an eee
RO TOU ES ene kee 24,820 15,044 24.08T 848.55
Hof TOE 5 preheat Ie 129,131 65,196 420.27 333.007
TOOO ete eee eehe 245,247 166,951 89.92 156.08
MOOR auch btjae 295,332 244,308 20.2 45-9

* Census, 1890, Population, Pt. I, p. Ixxvii; ibid., 1900, p. xcii.

tT Decrease.

PROPORTIONS OF THE SEXES IN COLORADO, 1860 TO Ig00*
Year Percentage Male Percentage Female |Females to 100,000 Males

TPB OOna spits cei cere ease ene 95-37 4.63 4,851
MO VORe otek eas ti see Socks 62.26 37-74 60,612
TOON oe ects e hemi tte rath 66.45 B3e55 50,488
TSOOV ANA cht eis ieee ses 59.50 40.50 68,148
EQOOr ae aoe sia verve ate wie 54-72 45.28 82,743

* Census, 1890, Population, Pt. I, p. Lxii.

The most striking feature in a study of the proportions of the sexes
in Colorado is the disproportionate number of females in the population.
This was more pronounced in the earlier decades, but is still considerable.
This lack of females is of course due to the conditions under which the
state was settled, and the attractions which brought men to it. The
state was far distant from the homes of most of the early immigrants and
was for the first years a collection of mining camps, not places where
men were anxious to rear their families.

During the first decade, the number of males decreased 24.08 per
cent. while the number of females increased 848.55 per cent. Some

graphical area, population and power have obtained continental dimensions, and render necessary the per-
manent and equitable location of the federal government, Therefore,

Resolved, by the council of the City of Denver, that we desire and recommend that the present federal
Retiet be forthwith vacated, and the same be fixed at the geographical center.

That such geographical center is at the junction of the Republican and Smoky Hill rivers, at a lati-
tude 30° North; longitude 20° West of Washington, and 97° West of Greenwich.

3. That if it shall be acceptable to the American people to do so, we invite them to select the city of
Denver for such permanent location of the federal capital and government.—Daily Colorado Tribune, March
18, 1870.

See also Girein, The Mission of the North American People. This book, written by the first governor
of Colorado territory, and published in 1860, predicts that the metropolis of the United States will ultimately

be located in the vicinity of the fortieth parallel of north latitude and the Rocky Mountains.

THE POPULATION OF COLORADO 201

of this decline of 8,141 in the male population was composed of disap-
pointed miners who returned to the East. These must have met the
women going to Colorado. If they did, they did not dissuade them as
there were 13,458 more females in the territory in 1870 than in 1860.
These cross-currents of immigration and emigration may be explained
on the assumption that the early adventurers who decided to remain in
Colorado sent back East for their wives.

The immigration which had taken place by 1880 again reduced the
proportion of females. The mining development is largely responsible
for this change. Since 1880 the percentage of females has steadily
increased until in 1g00 it had become 45.20 for the state and 50.25 for
the City of Denver. This change is in some degree explained by the
greater opportunities for women in the lighter employments, consequent
upon the development of Colorado as a health resort and tourist state.
This appears from the table showing the proportion of females engaged
in domestic and personal service.

DISTRIBUTION OF THE POPULATION OF COLORADO BY SEX ENGAGED IN DOMESTIC
AND PERSONAL SERVICE*

Year Males Per Cent. Females Per Cent.
TOGO es sii nek ees 85.6 14.4
EOQOss whee shel ste 75.0 25.0
TOOOn Sebea oy aakcreh cts 67.1 32.9

* Census, 1900, Occupations, p. cxxiii.

The above table shows a decline in the percentages of males in domes-
tic and personal service from 85.6 in 1880 to 67.1 in 1g00, and a corre-
sponding increase in the percentages of females. This is to be explained
in part by the greater approach to equality in the number of the
sexes in the state since 1880, and also by the greater opportunities that
have been opening to men since 1880. The decline in the percentage
of men in domestic service is not as rapid in the decade from 1890 to
1g00 as in the ten years preceding 1890. This is due to the depression
of 1893, which bore so heavily on the industries of the state that for the
time being opportunities of the more active sort were cut off.

202 UNIVERSITY OF COLORADO STUDIES

NATIVITY
NATIVE AND FOREIGN-BORN POPULATION OF COLORADO, 1860-1900

Native Born Percentage of Total Foreign Born Percentage of Total

—— | | |

TSOO Manteo satire 31,611 Q2.22 2,666 7.78
TOVOWS Misi eays ica 33,205 83.45 6,599 16.55
TOOOs tek eielestra’ 154,537 79.52 39,790 20.48
TOQO Meise Seles youcy ave 328,208 79.62 83,990 20.38
TOOO Nees cies vail 448,545 83.1 QI,155 16.9

The above table shows that the percentage of foreign born increased
considerably during the decade after 1860, and to a lesser degree from
1870 to 1880. During the next decade the increase of native and
foreign born was about the same, so that in 1890 the proportions of these
two classes of the total population were almost exactly what they were
in 1880. By 1900 the proportion of foreign born had fallen, due perhaps
to the great decline of railroad building and the slackening of the demand
for unskilled labor in other industries.

The constituent elements of the native-born population of Colorado
since 1860 are brought out by the table on the opposite page. It appears
that at each census the persons born in other states and residing in Colorado
have in a general way come from the group of states represented by Ohio,
New York, Illinois, Missouri, Indiana, Pennsylvania, Iowa, Kansas and
Nebraska. The last two states do not appear as furnishing consider-
able elements of the population till the censuses of 1890 and 1goo.
Migration from them to Colorado did not assume very large proportions
till some time after 1880. They were themselves objective points of
migration during the fifties and sixties.

In connection with the growth of Colorado it is interesting to note the
states whose populations were most susceptible to the gold fever. Mi-
gration to Colorado began at the outbreak of this fever consequent upon
the gold discoveries of 1858-59. Men rushed in great numbers to the
Rocky Mountains. The census of 1860 shows the state of birth of the
population and it is easy to ascertain the states in which the gold fever
found the largest number of victims. The states affected by the gold
craze seem to fall into three groups according to the degree in which
men migrated to Colorado. Placed in the order of their rank, the states

THE POPULATION OF COLORADO 203

NATIVITY OF THE POPULATION OF COLORADO BY STATE OR TERRITORY OF BIRTH AT
EacH CENSUS, 1860 to 1900. STATES REPRESENTED BY COMPARATIVELY
Frew INDIVIDUALS ARE OMITTED

1860* 1870T 1880t 1890§ 1900**
OIG see Ae 4,125 2,057 11,759 23,806 24,824
NeW MOre air enanini ode aia 3,942 2,778 15,593 23,904 22,320
MNTIOIS HAS hehe) Aan sc Ma ens 3,620 1,812 12,993 28,196 33,824
IMETSSOUET AH CAN a HS Nae sy eNC 3,312 1,704 12,435 21,952 31,188
J Tao ez ok: AM cs MAR ane A eA 2,587 808 5,231 12,596 14,535
IKenbuck yn Seite tutes 1,861 722 3,786 6,049 7,146
Pennsylvariayentaei viele 1,405 iS sis. 11,387 20,005 19,734
Wa SSAGHUSEES i swieciasletie sstels I,400 621 3,038 5,099 4,589
Wisconsin ipo ea eara a eud ls 1,204 634 3,910 7,051 8,874
Monnecticuty ais eee AEN 980 210 1,226 1,889 1,641
aro Ia see ty CRM el 868 520 2,441 3,679 3,701
MPeNINESSEG UM seals 813 207 1,961 3920 4,225
Ma chigani vivant vps yirstarstedsiay- 806 528 3,654 6,844 8,094
TO walsen Maes aN CNet sahara cet < 797 1,310 72520 - 20,008 24,960
AVERITT Geert utensil ie tsva tetas 611 362 2,619 3,192 2,847
Hid Keieai Fa oXe Le aA ae 461 199 1,047 1,815 1,878
Georg ay Pah alia cpaccusihnve where 389 258 918 1,501 1,775
BROOME NM.) Piatt itaa¥, abaya 375 37° 1,568 2,378 2,057
UNE MAMSAG IO Ao). 1s wih Nes i eos ane 264 go 760 1,315 1,940
USES SEIS a Oe Ba a RY 197 269 4,011 13,265 20,864
INGWHIIEXSE Vis c cnlecheree slat cists 143 177 1,479 2,299 2,517
PATE SEAL Le heroine «ica oo 132 77 816 1,952 2,742
North Carolina). sii iolessis.c 130 200 846 1,532 1,848
ON Gras Raat 22115) \a tile siete tous 184 932 5,061 11,681
New Hampshire®...'i< 3 .)4)s 5): aera 139 Heyl O72 gog
TE RAS EMEA arynatine (ated RELLY Sbloe 137 1,043 2,035 3,521
Colorado ey aN 6,277 26,363 79,486 151,081
New Mexiconre scum sia Wud Re 8,235 9,501 9,331 10,222
Alabamalein aay esis Mathai BRAM A IMACS ahs sate 452 970 1,258
Walifommiaw wy yet aiin ete Peal sAe NRC Be a 555 1,155 1,929
Welaware say ati: Neicye asp aicheters SMES FLAS EOS 8 232 381 346
West, Virginia. orto ile SERS ANN nites witr 417 1,290 1,827
BVEISSISSI Ppl. h(a late enaleie mies AEA I eau al 527 872 1,048
WWowisianay MUN ny eae PEE (15) AR SA 416 gio 743
Rhodevislanda\ 42) uanog Eres eePSP IAT Ry WER EAE 368 568 530
SOuLay Carolinaee een a ALAN Mista) Na Heo tr 203 357 470
CON int ae MRT AR SAPUMGRE SHG Ras Lue 241 1,124 2,206
IW iyormalin ge 2 era ee avail, BES TAY WE NBD SY Mest? 234 490 mag 25
Oreconmrin se ees war tanta AS MCU INN CRNA Yn 81 541 467
District of Columbia........ Ha aE Ah VIC ea 159 271 334

* Census, 1860, Population, p. 540. § Census, 18090, Population, Pt. I, p. cxiv.
} Ibid., 1870, p. 320. ** Thid., 1900, Pp. Cxliv.

t Ibid., 1880, p. 480.

in the first group are: Ohio, New York, Illinois, Missouri and Indiana.
Each of these states furnished native immigrants exceeding 2,500 in
number, while Ohio sent more than 4,000.

204 UNIVERSITY OF COLORADO STUDIES

The second group of states is composed of Kentucky, Pennsylvania,
Massachusetts and Wisconsin, and the number of men who came from
these varies between 1,861 from Kentucky and 1,204 from Wisconsin.
The third group contains the other states and at the head of the list
is Connecticut with 980 of its native born in Colorado in 1860.

Some explanation of the difference in the number of native immi-
grants furnished by the various states may be found by a consideration
of the ages of these immigrants and an examination of the conditions of
their native states three decades earlier as well as the character of the
ancestors from which they sprang. The following table shows the
population of the territory of Colorado distributed according to age:

POPULATION OF COLORADO, 1860, DisTRIBUTED BY AGE GROUPS*

INSEE ide oes tL: of
Wriderpr yearn en cel teeter 49 0.15
MPEG AGEL) (Spel ie wiee ise 406 E23
Shes Balmeh Kel aratea teens 315 0.9
nite Hs EY ey Wie y58 Oh, ae 298 0.9
A FEE RCION ES Sacre gI5 a7
200s REMAIN) ee otaitt tate 18,143 53-8
2005 SUV Keine sa cia 10,806 32.0
4o “ LO UN FJohs 4 apicha orate 2,210 6.5
600.5; See Onl seuarettieNs 409 Tas
WON RE SOry. chareterstera i
80 “ EO OO meester sete 3
oie eats 5 srieeniot I
(UmkkriG wate. taps eysteeer sists 533
MRotallise sk trac eloversete tate 34,277

* Census, 1860, Population, p. 547.

From this table it appears that 28,949, or 85.8 per cent. of the 33,744
persons of known age in the territory in 1860, were under 4o years of age,
and 18,143 of these, or 53.8 per cent. of the total, were between 20 and
30; and gts, or 2.7 per cent. of all, were between 15 and 20. ‘The move-
ment of population, therefore, was primarily a movement of young men,
men born in the period of which 1830 may be said to be the central year.

It will be seen that the group of states each of which furnished more
than 2,500 native immigrants is composed of states which were being
rapidly settled in the period from 1820 to 1840. Western New York
was comparatively new till after the opening of the Erie Canal in 1825.

THE POPULATION OF COLORADO 205

During the decade following the opening of this thoroughfare, Ohio,
Indiana, Illinois, and Missouri were rapidly filling with population.
These were then the “booming” states settled by restless young men
and women who had migrated from their birthplaces in the older states
farther east. In 1830 the population of the region represented by these
states was much like that of Colorado in 1860. When in the latter year
the gold fever raged in the country, the children of these restless ~
“boomers” of the 1830 period were the first to be seized with it and they
accordingly hastened to the Rocky Mountain region. They were the
true children of parents whose restless spirits two or three decades earlier
had likewise sent them forth in search of fortune in the undeveloped
resources of the West.

In the second group of states are found Kentucky, Pennsylvania, and
Massachusetts. These are older states and with the exception of parts
of Pennsylvania had been settled before the “booming” times of 1830.
Hence the young men in these states in 1860 were not the children of
parents who had migrated there a generation earlier, and accordingly
they were more immune to the gold fever.

Wisconsin is in this group of states, having furnished 1,204 persons to
the migratory movement to Colorado in 1860. ‘This state was organized
as a territory in 1836 andin 184ohadapopulationof 30,945, largely around
Milwaukee and the lead mining districts in the southwestern part. This
population had settled there after 1830 as according to the census no one
save Indians was in the territory at that time. Of the children born to
this population between the settlement of the territory and 1840, 1,204
went to Colorado in the gold rush of 1860. In 1840 the populations of
the other states of this group, Kentucky, Massachusetts and Pennsyl-
vania were respectively 779,828, 737,699 and 1,724,033. Yet the
children of the 30,945 pioneering settlers in Wisconsin went in about the
same numbers to the mountains of Colorado in 1860 as did the children
of the settlers of Massachusetts and Pennsylvania, states whose popu-
lations in 1840 exceeded that of Wisconsin by more than twenty and fifty
fold respectively. It is true Kentucky sent considerably more native
immigrants to Colorado, than Wisconsin, but this does not injure the
comparison when the differences in population are considered. This

206 UNIVERSITY OF COLORADO STUDIES

again illustrates the tendency of the descendants of pioneers to move on
in search of fortune in the undeveloped West.

The third group of states is comparatively unimportant as far as the
number of native immigrants is concerned. These states furnished
about a fifth of the population of Colorado in 1860. One of the
interesting things shown by this group is the small number of native
immigrants from territory contiguous to Colorado. The small number
from the southern states is also noticeable. In a general way, this group
of states taken with the two other groups shows the movement of
population to Colorado in 1860 to have been in considerable degree a
movement from points many of which may be considered far east rather
than a movement of the western people still farther west.

Attention has been called to the small number of early immigrants
from Kansas and Nebraska and it may be further explained that these
states were at that time sparsely populated, and the slavery struggle in
Kansas, which had lasted for a number of years, had occupied the
surplus energies of the population and was merging into that of the war
at the time of the gold excitement in Colorado. Then it should also
be noted that the inducement that first brought settlers to Colorado was
the hope of finding gold, and this would appeal more strongly to the
population of the entire area of the eastern section than the opening of
territory whose chief inducement to the settler was cheap land.

The staying qualities of the various native immigrants to Colorado
is illustrated by the figures of 1870. By that time the mining fever had
run off and the population had turned to agriculture, stock raising and
herding and other occupations. The disappointed miners had in con-
siderable numbers gone away. There were 8,141 fewer males in the
territory than in 1860. The number of females leaving at this time
cannot be ascertained as there were more females in the state in 1870
than in 1860. Of persons born in Colorado before 1870, 1,235 were
reported in that year as living in other states and territories, and as
nearly all of these were children, it is highly probable that a goodly
number of women had also left the territory during the decade, 1860
to 1870."

* Census, 1900, Special Reports, p. 309.

THE POPULATION OF COLORADO 207

The states showing the greatest decline in representation in the
territory during this period are the following: Ohio (2,068); Illinois
(1,808); Indiana (1,779); Missouri (1,608); New York (1,164). The
states which compose the first group lost heavily in numbers at the census
of 1870, and the percentages of loss are much the same in the various
groups. The states whose native immigrants to Colorado amounted to
considerable numbers which had not declined at the census of 1870 are:
Pennsylvania, represented by 1,405 in 1860, 1,552 in 1870, and Iowa,
797 in 1860, 1,310 in 1870.

The decade from 1870 to 1880 again shows a large increase in the
population, native immigrants coming in great numbers from all the
states. The Leadville strikes had been made in 1877, agriculture was
developing, 1,400 miles of railroad had been built, the state had been
admitted to the Union in 1876 and was generally prosperous. The most
noticeable change in the groups of states furnishing the largest numbers
of native immigrants is the rapid increase in migration from Iowa, 1,310
in 1870 to 7,520 in 1880, and Kansas, 269 in 1870 to 4,011 in 1880.

The decade following 1880 was a period of unrivaled prosperity for
the state. Native immigrants from the various states increased rapidly,
Iowa and Kansas taking rank with Ohio, Illinois, New York, Missouri,
Indiana and Pennsylvania as the states furnishing the greatest numbers.
A characteristic of the growth during this decade was a more even develop-
ment. More machinery was{used in mining and fewer persons were
engaged in this industry in 1890 than in 1880. Judged by the number
of workers, manufactures had increased 200 per cent. and agriculture
in almost the same proportion. Eleven new agricultural counties had
been organized in the eastern part of the state.

The decade from 1890 to 1900 was characterized by the panic of
1893, the fall in the price of silver and the depression which lasted until
1896 or 1897. It is accordingly a period when migration from other
states was considerably checked. The number of persons in Colorado
born in New York, Pennsylvania, Massachusetts, Connecticut, Maine
and Vermont was less in 1g00 than in 1890.7, This phenomenon is hard

t Paxson, “County Boundaries of Colorado,” University of Colorado Studies, Vol. III, No. 4, August,
1906.

2 An emigration from the eastern counties also occurred at this time.

208 UNIVERSITY OF COLORADO STUDIES

to explain. It may be in part accounted for by the decline in the non-
industrial temporary residents who were forced to return to the East on
account of the hard times.

The states from which native immigrants continued to come regard-
less of the hard times were Kansas, Missouri, Iowa, Illinois, Nebraska.
Great increases in native immigration from each of these states occurred,
especially Missouri, from 21,952 in 1890 to 31,188 in 1900. From the
fact that the stream of migration from Nebraska, Kansas and Iowa to
Colorado has steadily increased since its beginning and has apparently
been little if at all affected by the vicissitudes that have reduced the
migration from other states, it appears that migration from contiguous or
near contiguous territory is either of a more substantial character or goes
into the industries less likely to be affected by depressions. Iowa,
Kansas and Nebraska are agriculture states and it may be that native
immigrants from these states are the persons who developed the agricul-
tural resources of Colorado which show such a steady growth. It may
also be that the great increase of native immigration from Kansas and
Nebraska during the period following 1880 is in some degree explained
by the fact that the children of the pioneer settlers of these states had
then reached maturity and followed the ancestral impulse to move west.

The nativity of the foreign born that have come to Colorado since 1860
is shown by the table opposite. Canadians, Irish, Germans and English
predominated, during the mining immigration of 1860. The Irish,
English and Germans increased considerably, and in 1870 there were of
each 1,685, 1,358 and 1,456 respectively, while the other nationalities
remained few in number. The gold excitement just preceding 1880
again brought up the number of the foreign born, the three nationalities
mentioned above considerably leading the others in numbers. A begin-
ning was made during this decade in the immigration from Italy, Russia,
Austria and China. By 18g, there is a great increase of the foreign
born generally, to the leading nationalities already mentioned being
added Sweden, Italy and Austria. It appears that immigrants from
these three countries increased rapidly from 1880 to 1890: Sweden, from
2,172 to 9,659; Italy, from 335 to 3,882; Austria, from 453 to 2,700.
The increase in foreign immigration during this decade is to be ex-

THE POPULATION OF COLORADO 209

plained by the great demand for manual labor caused by the enormous
material development. The following table shows the railroad build-
ing of the state by decades.

NATIVITY OF FOREIGN BoRN IN COLORADO, 1860-1900, BY PRINCIPAL COUNTRIES

Countries 1860* 1870T 1880t 1890§ rg00¥*
Brigish Americas ca)! 305 2h: «6 684 664 59785 9,142 8,837
Tipe ratte Lehi QUA Ree, er tras 624 1,685 8,263 12,352 10,132
Bnmlanee est aera the stole erat: ano 1,358 8,797 14,406 13,575
Scatkadariy scsi pares 120 188 1,673 4,339 4,069
BANG ysis ey erasers he seeks carters 103 209 825 1,32 1,162
IGEEMANY Ssiicccidnie lect tscioe 576 1,456 7,012 15,151 14,606
Wales thas neice sisciseneri oes 38 165 1,212 2,082 T,955
Swegenw ie ias!tcc occ donde 27 180 2,172 9,659 10,765
INEEXTCO Mt sisiereistine aioe cies 25 126 186 607 274
Switzerland] 2 yas sis: clo selena 25 I40 551 T2255 14,79
EP earn ay revs sia hates cote) abelian 16 17 II5 192 260
iDicistaetchil <Q Shenoipen MG tains 16 77 507 1,650 2,050
IN@EWAY cca sizisie ss slo eyeist elas 12 40 354 893 1,149
talents fe: - Srvaupebensterseyaes) wats eid 16 335 3,882 6,818
Olas sist elapayetensts se tve bal bse 49 154 - 242 465
RUSSIA Hise sc) heli ba aki e hate ee Io 278 1,306 2,938
PANES UTI cists sc disse avers ste Soccer sv ae ar 453 2,700 6,024
AB ara aes eee ae Sra yers heat alters ahs Sp opens 601 1,447 581
Hungary.......-...+.+-+.-. pee Brite SEEK 359 574
Bonen aie a Seok is zis eres ae as sents Atha 212 330
MSGMOTUTAN Yess plavatuii s aiey 4 spohels Bae ABEL tack 136 170
SOALIMN Hates leisdetsi ols aelereclevays se kate Aes 50 41
Rortuoaleci iso 4 i eroie,syare ates tie wate Some 28 28
(Gareeeee et Lo BMicS bono nies cole oye Sele aioe 27 37
ATS stor piclerels terete <iier dy afere HIE dere 13 51

* Census, 1860, Population, p. 549. § Census, 1890, Population, Pt. I, p. 608.
7 Ibid., 1870, p. 338. ** Tbid., 1900, P. 732.

t Ibid., 1880, p. 492.

MILEs OF RAILROAD IN OPERATION IN COLORADO By DECADES*

iSO Lettie! BEML econ sO: hic.» Oye PDO Ont pi °
dite fo) A reaar ten ci at cen Vedas, arse dal a nas 157
TOSOM ES) A ae EE PRE EN \\ tsp ky 5 7 O
TOOO tabs hvaiy ah ee RE ounce, As aO

TOOO Vip) ail yo -~,s Leee
* Statistical Atlas of the United States, 1905, p. 551-

Between 1880 and 1890, 2,721 miles of railroad were built, great
mining development was in progress and. building in cities was proceed-
ing rapidly. During this period Denver increased in population from
35,029 to 106,713 and Pueblo from 3,217 to 24,558. There was general
opportunity for work and therefore an encouragement to foreign
immigration.

4,049

210 UNIVERSITY OF COLORADO STUDIES

The decade from 1890 to 1900 is marked by a decline in the number
of foreign born from Canada, Ireland, England, Scotland, France and
Germany. The chief nationalities which increased during this period
are Italy, from 3,882 to 6,818; Sweden, from 9,659 to 10,765; Russia,
from 1,306; to 2,938; and Austria, from 2,700 to6,024. The increase of
these peoples, except perhaps that of Sweden, is in part due to their having
gone so largely into coal mining. They seem to have become a large
proportion of the laborers in this industry.

MINING

The table on the opposite page shows clearly the progress of the state
from a collection of mining camps to a great commonwealth of many and
varied interests. ‘The column for 1860 exhibits the intensity of the gold
fever which had come on the year before and was then at its height, 22,086
persons were engagedin mining. But the surface workings were soon ex-
hausted and at the time the next census was taken, 1870, but 2,200 men
were engaged in this industry. The number actually working was much
smaller than 2,200. The figures given in the table are those taken from
the population schedules of the census and these schedules are made up
from the testimony of the individual about whom the information is sought.
While, therefore, 2,200 persons told the enumerator in 1870 that they
were miners, the census schedule showing the condition of industry
and wealth in the territory during that year, which was compiled from
data obtained by investigation of the factories and mines, shows but 575
miners employed in the entire territory.‘ This, however, does not
include prospectors. It is probable that a large number of miners were
at that time out of employment.

A great emigration from the territory had taken place between 1860
and 1870. Some writers have estimated that 100,000 persons were in
Colorado shortly after 1860. However, it was soon found that mining
required capital, patience and industry, and hence it was that the ad-
venturers, equipped with none of these essentials, turned their faces
homeward.

Some account of the characteristics of these early adventurers is
found in the descriptions of Colorado in the decade following 1860. In

* Census, 1870, Industry and Wealth, p. 760.

THE POPULATION OF COLORADO 2iI

OCCUPATIONS

POPULATION OF COLORADO, DISTRIBUTED BY OCCUPATION AT EACH CENSUS, 1860 TO
1900. OCCUPATIONS REPRESENTED BY FEW INDIVIDUALS ARE OMITTED

1860 1870 1880 1890 Igo00

Min ers® Hs tev st Mcrae) tease 22,086* 2,2007 28,970 20,067§ 28,347**
WeaOTe RS? 25. Acard 2s ists ake 594 1,931 12,902 20,662 17,926
PAEPGIECES | ni ants). ets ata 542 552 See: 8,106 59592
Weanisters) 2.5. cdo doe AR: 435 715 2,502 5,806 6,060
Merchants and Traders..... 651 682 3,505 6,163 7,942
AOTICUITUFEL AS ree ae mele IQ5 6,462 13,462 36,134 43,145
Saloonkeepers............ 4: 175 175 1,077 1,205 1,291
Blacksmithsi tsetse ee 163 232 1,295 2,137 2,390
Butchers cacmc tigen ee: 130 79 665 1,126 967
PRVSICIANS Ph aris di aoe 116 70 570 966 1,485
innkeepers= savas hens dae IIs 281 496 673 609
Mechanies 4422.7 2iiss.3 ios)) 114 128 615 1,388 2,033
Civil and Mechanical Engrs. 113 II5 273 1,085 1,036
SCHVAMES Fee ese re Saretee chat IIo 357 2,575 10,669 10,253
lene 2) Hee g ei sat I04 263 2,846 6,876 3,981
PERM EE foe isratoyat oe ol sche ciel: 29 53 708 1,946 1,662
Brick and Stone Masons.... 36 I14 924 2,726 1,390
Rs Fey Eritilovers se fu). c's Ip dos Odes 962 3,364 7,921 8,027
Saw &PlaningMillEmployees} ...... 143 407 534 7II
JS T=) 21M ee Pag WE II 234 596 874
Government Employees.....] ...... 113 734 1,034 1,083
Wage-Earners Engaged in

PIECE 82) oil)! s,s <a ote 876 5,074 15,016 24,725
Bootand Shoe Makers.....:| sestas | eco. 470 341 640
Pippa sams StCEL Hatori. Alls keene, jh) BE Ris 177 1,042 1,475
Pee Te cota ari eet fell be ae cians, elk es, Sao 807 1,266 1,633
Stockraisers,sHerders; ete:js =|) ee ee 4,068 59247 4,835
Tailors, Dressmakers, Milli-

Yass PRE RE oe oe mae eben ietaar ee (ke Nae BR 1,439 39133 3429
Brick ard. Eile: Makersi§ Der eo oA ce tin eos. 638 1,724 448
Engineers (not civil or loco-

3120 Pa Peng Se Ae ay (UO be CON | ly ne A 1,078 1,785 3,150
Ld CSS ae age ade A we eae HEMET FSD Gra 613 1,178 1,359
sirece hallway Emaloyees.ca|\\ seeces f uiws ce TW cwkeun 408 648
CP WaAke ATG “Waser Oe ee ey eet Br oul Th at ah 441 314
Metal Workers (not iron and

SRE mice sycoe Sees Pete Somes em BG ph ne De kA. oe Bil 612 2,960
Maxuessiand, Saddle. ss 1.cie lh veksnee Mis tied ceed eaves 410 315
Diaby plies Maker acc meta ta cccn) Wik uae 0a p) cee. 228 375
Habe triclansce tC a tok ma Mme es. Lyle ete 502

* Census, 1860, Population, p. 548. § Ibid., 1890, Pt. I, p. 307.
T Ibid., 1870, p. 723. ** Tbid., 1900, Pp. 511.

ft Ibid., 1880, p. 713.
the latter year of this decade the population was estimated at about
50,0c< or 60,000, one-fourth Mexican in southern section, ignorant and
debased to a shameful degree. The remainder were said to be as good
as in any new state.

212 UNIVERSITY OF COLORADO STUDIES

But the New England leaven though possibly not the New England personality
is dominant in their ambition, their education, their morality, their progressive
spirituality. The pioneer miners, the ‘‘prospectors,” are a class of characters by
themselves. Properly they never mine; to dig out and reduce ore is not their voca-
tion; but they discover and open mines and sell them, if they can; at any rate they
move on and discover others. Men of intelligence, often cultivated, generally hand-
some, mostly moral, high toned and gallant by nature, sustained by a faith that
seems imperishable, putting their last dollar, their only horse, possibly their best
blanket into a hole that invites their hopes, working for wages only to get more
means to live while they prospect anew and further, they suffer much and yet enjoy
a great deal. Faith is comfort and that is theirs; they will ‘strike it rich” some
day; and then, and not till then, will they go back to the old Ohio, Pennsylvania,
or New England homes, and cheer the fading eyes of father and mother and claim
the patient, waiting, sad-hearted girls, to whom they pledged their youthful loves.
The vicious, the loafers, the gamblers, and the murderers have mostly ‘‘moved on;”
what is left is chiefly golden material; and the men and the mines and farms of
Colorado, all alike and together, are in a healthy and promising condition, and
insure for her a large growth and a generous future. The two things she lacketh
now are appreciation at the East and women; what she has of both are excellent,
but in short supply; but the Railroad will speedily fill the vacuums.*

As the proportion of women was 4.85 to Ioo men in 1860, the force of
the words “‘short supply’’ is at once apparent.

The number engaged in mining did not again equal that of 1860 until
after the Leadville strikes shortly preceding 1880. Just previous to
that year a large increase of immigration had taken place so that the
census reported 28,970 persons in the mining industry. There was the
usual number of adventurers who were soon disappointed and returned
so that ten years afterward the number in the mining industry was again
reduced considerably, there being in that year 20,067 so employed. If
the statistics were available for the number of men employed in mining
for each year from 1890 to 1900 the first half of this decade would cer-
tainly prove a period during which fewer men were so engaged. The
closing of the mints to silver in India, and the repeal of the silver purchas-
ing clause of the Sherman act causing an enormous decline in the price
of that metal resulted in closing a multitude of silver mines in Colorado
and throwing a great many men out of employment. According to a
perhaps somewhat exaggerated estimate 45,000 were thrown out of em-

* Bowles, Our New West, 1860, p. 105.

THE POPULATION OF COLORADO 213

ployment in the state, and although these were not all miners a con-
siderable proportion of them was.*

The Cripple Creek strikes which were made during this decade again
increased the number of men in the mining industry. The energy
formerly devoted to silver mining now turned its attention to the extrac-
tion of the yellow metal and the census of 1900 shows almost as many
engaged in the mining industry as the census of 1880. In that year there
were 28,970 while in rg00 the number was 28,347.

It might seem at first thought that a larger number would have gone
into mining after the Cripple Creek strikes, especially since the popula-
tion of the state had so greatly increased. However, thisis explained by
the changes that had taken place in the character of the industry. The
early miners were men with small capital, working placers and generally
such workings as could be carried on without the necessity of sinking
deep shafts, blasting tunnels, and employing expensive engines and
hoisting machinery. But the strikes in Cripple Creek were not of the
nature to appeal to this class of miners. The mines there required
expensive machinery and large capital. More scientific methods of
treatment had been discovered. In short, the industry had become in
considerable degree amenable to exact science, and such elements of
risk as still remained were in the hands of men capable of playing for
large stakes. Hence the impecunious adventurer did not enter the field.
It is true that machine methods have somewhat reduced the manual labor
in mining, though it will probably always be necessary to depend to a
great extent on such labor at the initial stages of ore extraction. But
mechanical drilling has proved a successful substitute for handwork to a
considerable extent.

AGRICULTURE
MALES ENGAGED IN AGRICULTURE IN COoLORADO*

ey ee ee es

1860 1870 1880 1890 1900
195 6,462 13,462 36,134 43,145
Percentage of Increase........-. 520720 108.3 168 .4 19.4

* Census, 1900, “Agriculture,” Pt. I, p. Ixxix.

: Bulletin of the Bureau of Labor, Colorado, September, 18093-

214 UNIVERSITY OF COLORADO STUDIES

NUMBER OF FARMS IN COLORADO*

1870 1880 1890 1900
1,738 4,506 16,389 24,700
Percentage of Increase .. 159-3 263.7 50.7

* Ibid.

Agriculture is the most important industry in Colorado, the value
of its products being slightly in excess of those of the mines. The
progress of this industry is shown by the tables illustrating the number
engaged in it and also the number of farms worked with the percentages
of increase from decade to decade.

It appears that in 1860 the number of persons engaged in agriculture
was negligibly small, but by 1870, 6,462 individuals had found their way
to this fundamental pursuit. This increase of agriculturists was to
some extent hastened by the disappointment of those who failed to find
fortunes in the gold rush of 1859. A number undoubtedly were driven
into farming on account of shortage of means with which to again reach
the states. Then also, it became known during this decade that irri-
gation could be used with success, and that there was also a local market
for farm produce.

The increase in the number of males engaged in agriculture from
6,462 in 1870 to 13,462 in 1880 is to be accounted for by the opening of
the railroads in June and September of 1870, by the demand for supplies
at the mines and to support the increase of population which followed the
Leadville strikes of 1877, and also by the development of irrigation on a
somewhat extensive scale. It was during this period that a number of
the Colony Settlements were made. In the period from 1870 to 1873 the
colonies of Greeley, Longmont, Fort Collins, Colorado Springs and
Evans were established and by 1880 had received large additions. These
were made up of efficient farmers selected with considerable care, in the
East, and were established at once as agricultural communities and,
excepting Colorado Springs, have remained such. ‘The figures for
1890 show an increase of agriculturists from 13,462 in 1880 to 36,134, a
gain of 168.4 per cent. while the increase in population of the state was
112.1 per cent.

THE POPULATION OF COLORADO 215

This represents the period during which alfalfa was introduced. The
enormous profits resulting from it stimulated greatly the farming
industry. Flouring mills greatly increased at the same time and as a
consequence a strong local market was created for wheat. Wheat was
formerly not so profitable, as the costs of transportation tended to reduce
the price to the seller. But when the milling could be done at home
there was an added value. Some idea of the development of agricul-
ture during this period is indicated by the following table.

INCREASE OF PRODUCTION OF CEREALS IN COLORADO*

1884 1879 Per Acre in U.S. |Per Acre in Colorado
Barleywecs6 on: 234,085 107,116 22.02 23.08
Buckwheat....... 2,688 IIo 13.93 19.47
G1) a Ee anor 653,064 455,968 28.13 27.80
Oatseaci steal ares 1,644,083 640,900 25.206 26.99
LS Gn aspienee aoe 35,982 19,462 10.76 14.22
Wiheatey ices 3). 2,220,530 1,425,014 12.97 20.71

* First Biennial Report of the Bureau of Labor, 1887, pp. 384-85.

During the decade from 1890 to 1900 the number of males in agri-
culture increased from 36,134 to 43,145, but the percentage of increase
was not as great as in either of the three preceding decades, being but
19.4. This was to be expected owing to the large number already
engaged in the industry. Among the other causes of the decline in the
rate are the depression in the years following 1890, and the fact that
most of the land irrigable at moderate expense had been taken up. It
is estimated that the cost of getting water on to land in sufficient quantity
to make it valuable for agricultural purposes is from $25.00 to $40.00
an acre. In the earlier days of agriculture in Colorado much land was
watered for considerable less per acre, and as time progresses, the ex-
pense of watering increases; more expensive canals have to be built to
enable water to be placed on the more inaccessible lands. Thus it comes
that agriculture requires more capital now than in the earlier decades.
This of course, would tend to check the movement of the poorer classes
to that occupation.

A glance at the table showing the number of farms would seem to
show that they do not tend to increase in size. It appears that the per-

216 : UNIVERSITY OF COLORADO STUDIES

centage of increase in the number of farms has invariably exceeded that
of the number of males engaged in agriculture. While this does not
prove that farms are not increasing in size, it is a strong indication of it.
It may be that the next census will show a lower percentage of increase
in number of farms, and a higher percentage of increase in males engaged
in agriculture owing to more intensive cultivation. To raise such crops
as sugar-beets requires a large number of laborers.

However, if the profits in raising beets continue, there can be no
doubt that farms will tend to increase in size. This has always been the
rule in all countries. Wherever an industry yields extraordinary profits
it ultimately passes into the hands of the wealthy classes. The elimina-
tion of the small farmer in England as a consequence of the increased
profits of agriculture due to the introduction of the turnip and deep root
grasses is a case in point.

MANUFACTURE

The table shows a great increase in the number of persons in this
industry. The percentage of the total population engaged in manu-
facture shows a steady increase since 1870, but the percentage of increase
of wage-earners in manufacture shows a continuous decline since the
decade from 1870 to 1880. The following table illustrates this:

1870 1880 1890 Igoo*
Percentage of total population engaged in
PATINEACEULEL )e\.'s 15 4 os lslcrous sist vie sieiel cla 22 2.6 3.6 4.6
Percentage of increase of wage-earners in
IMANUIACEUTE Reese sets ss we kes! wierslecas erate 479.2 195-9 64.7

* Census, 1900, Manufactures, Pt. II, p. 61.

The figures seem to show a great increase in manufacturing between
1870 and 1880. ‘This resulted from the advent of the railroad perhaps to
a slight extent, and also from the fact that a great impetus was given to
mining by the Leadville developments of the period from 1877 to 1880.
There was much demand for iron work in connection with mining, and
much of this work was of necessity of a local character. This is shown
by the increase of mechanics from 128 to 615 and blacksmiths from 232
to 1,295. Engineers exceeded 1,000 in 1880, and wage-earners in manu-

THE POPULATION OF COLORADO 217

facture increased from 876 in 1870 to 5,074. The increase of wage-
earners to 15,016 in 1890 and to 24,725 in 1900, and of engineers from
1,785 in 1890 to 3,150 in Igoo is evidence that considerable progress in
manufacture occurred during the next two decades, though the rate of
increase of wage-earners in the industry fell from 195.9 per cent. for the
decade from 1880 to 1890 to 64.7 for the succeeding decade. This is in
part due to the size of the industry and in part to the depression of 1893,
that depression having dealt manufacturers such a severe blow that in
some parts of the state, the industry had not recovered by tg00. This
was the case in Denver where the value of manufactured products was
less in 1900 than for the year 1890."

Among the interesting things shown in the table is the decline in the
number of workers in various industries between 1890 and 1900. ‘There
were 2,514 fewer carpenters in 1900 than ten years previous. This is
largely explained by the decline which followed the phenomenal amount
of building that occurred in 1890. That there was a considerable slump
in building trades during the decade is further shown by the decline in
the number of brick and tile makers from 1,724 in 1890 to 448 in 1900.
Brick and stone masons also declined from 2,726 to 1,390. ‘The number
of painters was reduced from 1,946 to 1,662 during the same period.
So likewise the harness and saddle workers and those in tinware and tin
both suffered a reduction in numbers between 1890 and 1g00. The
number of merchants and traders had increased somewhat, though not
so much as the numbers in some other lines of activity. Taken with the
decline in the number of clerks from 6,876 to 3,981, it is difficult to under-
stand just what changes were at this time occurring in the mercantile
industry.

From this study of the constituent elements of the population of Colo-
rado some light is thrown on the development of manufactures in the
state. Manufacturing development has proceeded slowly on account
of the lack of aptitude in the population for this line of activity. This
lack of inclination toward manufacture which has been characteristic
of the population has resulted from two chief causes, heredity and
environment.

t Ibid., p. 65.

218 UNIVERSITY OF COLORADO STUDIES

It has been shown in the discussion of nativity in the preceding pages
that in the main the early population of the state was composed of the
children of a restless class of pioneers who, inheriting the spirit of their
fathers, left their homes in the older states and sought their fortunes in
the then frontier states of the West. Vigorous, aggressive and discon-
tented with the steady habits and small returns of industry in their native
states, they felt themselves impelled to move on and subdue the region
of the Ohio Valley. This they did, rearing meanwhile a generation in-
heriting their own restless natures and like themselves imbued with an
aggressive and adventurous spirit seeking a larger field of activity.
These early came in great numbers to Colorado. Later on came similar
children of the pioneers who had settled Iowa, Kansas and Nebraska.
Thus it comes that the most active element of the population of Colorado
has always been represented by the children or the pioneers of the states
of the Middle West. When the children of the pioneers of Colorado
reached maturity, there was no longer the opportunity to move west with
the prospect of fortune within a short period. A large proportion of the
children of these pioneers has therefore remained in the state, and, inherit-
ing the spirit of three or four generations of aggressive and adventurous
settlers, is apt to prefer mining and speculative enterprises to manu-
facturing industry with its steadier and smaller returns.

The environment of those persons that have grown to maturity in
Colorado has also been such as to keep alive the love of activity and
achievement inherited from their pioneer forebears and has tended in
some degree to unfit them for manufacturing industry.

From the rise and fall of prosperity in the mining industry shown by
the above table of persons engaged therein, some idea of the effect on
the development of that attitude of mind in the population which fits it to
undertake and continue routine industry may be gained. Variations in
one industry which at various times seem to hold up before the persons
engaged in other industries whose return is more steady, the possibility
of sudden wealth, tend to retard the healthful growth of those funda-
mental activities which are necessary to supply the everyday needs of a
population. A people constantly tempted by rich mining strikes to
leave their farms, counters, and workshops and seek their fortunes in

THE POPULATION OF COLORADO 219

the hidden treasures of the mountains does not develop that patience and
contentment necessary to him whose industry will yield but small returns.

Colorado began her life in the first flushes of a gold fever. By 1870
depression was on in the territory, and great numbers returned to the
East. In the late seventies another mining fever and another rush to
the mountains. In the period following 1890 another depression more
severe than any that had gone before; but soon followed by rich strikes
in the Cripple Creek district. A population exposed to these changes
and possibilities does not accustom itself readily to those industries
yielding small returns. It has been filled with the notion that somehow
it is possible to amass a fortune rapidly. Hence, the enormous
amount of energy devoted to finding methods whereby this can be done.
While it is true that the allurements of mining do not appeal to the youth
of the West at the present time as they did to his father at an earlier day,
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number of men who have “‘struck it rich,” he thinks of large profits and
a comparatively few years as the time necessarily needed to amass
wealth. He is therefore attracted to speculative undertakings, and not
enthusiastic for manufacturing or other enterprises that do not promise
speedily a large return.

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THE ALLEGED GROWTH OF ALTRUISM IN THE
CIVILIZED PERIOD

By MELANCHTHON F. Lippy

In the current number of a scientific journal occur the following
sentences:

Altruism arose chiefly as a kind of enlarged egoism. At first man must have
been chiefly, if not wholly, individualistic, but very soon a time came when indi-
vidualistic selfishness no longer served its egoistic ends, and self-preservation required
the extension of each self to embrace all members of the tribe. Self-interest thus
became absorbed in tribal interest, not at first because of any moral ideas about the
rights of others, but solely because in this way each one’s self-interests were better
served.

This is one of a number of passages I have been marking for several
years in which writers speak of altruism as something which has arisen
or developed, or expanded, and usually at the expense of egoism or indi-
vidualism or selfish interests.

No one of course thinks of speaking of the facts of physical nature
in terms analogous to these. Occasionally we hear that selection (mean-
ing the biological law, or principle, or statement concerning uniformity
in phenomena) can accomplish certain results. But this is so obviously
a piece of loose writing that it does little harm. It is not a real hypo-
statization of the abstract into a spook reality, any more than if a school-
boy should say a weight falls because of ‘““Newton’s law.” Still even
these phrases are opposed to clear reasoning. Now, of course, since the
Middle Ages, we do not think of taking abstract nouns for reals except in
the sense in which everything with content has some degree of reality.
If one makes no claim to scientific exactness and is interested rather
in mental therapeutics of any sort it may be pardonable for him to speak
of the influence of the mind on the body, of the eternal nature of law
and virtue, of the beneficent activities of gravitation, etc., but such
words add confusion to counsel in a scientific notation. When shall
we see a real descriptive ethics kept clear of all normative phraseology ?
Is it not time that each writer should be frankly, consistently, and con-

221

222 UNIVERSITY OF COLORADO STUDIES

sciously either normative or descriptive in his treatment of the problems
of individual conduct? If conduct is treated descriptively it is hardly,
in the older sense at any rate, under the categories of good and bad:
that is to say, the theory of values is precisely the object of investigation
and must not be allowed to enter subjectively into the judgments of the
investigator. We do not say that a ray of light takes an evil course in
passing through a tumbler of water, but only that it takes a deflected
course. Any other attitude would be as unscientific, however pleasing
and natural, as swearing at the hammer, or the dull carving-knife, or
the refractory collar-button. So far as scientific description goes, a
human act, such as killing a man, is a resultant of forces which follow
the line of least resistance; and, objectionable as this may be to peda-
gogical or therapeutical ethics, it is a conception absolutely essential
to clear reasoning in descriptive ethics. The purely scientific attitude
is the best in this subject. The aesthetic attitude of enthusiasm for
one’s material seems harmless. But the moral attitude is the worst
attitude in which ethics in any scientific sense can be approached.

No one would write such a sentence as the following: Metabolism
arose chiefly as a kind of enlarged anabolism: at first man must have
been chiefly, if not wholly, anabolic, but very soon a time came when
anabolic hoarding no longer served its ends, and a healthy activity
required each body to bring itself to bear upon external objects in a
cheerful activity. When a physicist speaks of the positive and negative
aspects of an electric current he does not conceive them as two separate
entities which can as such, and relatively, arise and extend, or decline
and contract. He may, of course, say that men are now using electric
appliances in a vastly more complicated and extensive manner than
ever before. There is no harm in the words anabolism and negative
electricity. They are harmless, necessary abstractions without which and
their like no academic work could proceed and no scientific control of
nature be achieved. The harm is in treating them as spooks from Pla-
tonic cloisters of monastic Europe. In the same way, if conduct follows
the laws of least resistance, altruism can no more arise than metabolism,
or positive electricity or repulsion of bodies. It is only the abstraction
that can arise and be extended by analysis.

GROWTH OF ALTRUISM IN THE CIVILIZED PERIOD 223

We say that the blood circulates through the body and then for
convenience we say it flows out from the heart, and back to the heart,
and these relative terms of direction have a value of their own; but we
do not say that the flow of the blood toward the capillaries arose through
some defect of the inward flow through the veins. Egoism and altruism
are two abstract nouns which we may conveniently use to denote differ-
ent aspects of the conduct of a man in relation to other men. When
the act is regarded as favorable to the other men (under proper definitions
of the word favorable) the act is called altruistic; when it is regarded
as favorable to the agent the act is spoken of as egoistic.

There is no inherent probability that egoism and altruism differ
from time to time in amount either in individuals or in nations. Of
course there are diseased states of the body in which the circulation is
disturbed, but these lead toward the destruction of tissues and in a
larger sense to death. And in other analogies a disturbance of equi-
librium in active or moving things leads to a change of state, which
from some point of valuation may be called destruction or ruin, etc.
It is likewise obvious that some men are excessively “‘egoistic;’ but it
is not at all obvious that their egoism leaves them fully alive and in the
enjoyment of a maximum of psychic health and activity. Is it not
possible that a cold-blooded scientific ethics would give morality the
solution of its time-honored, paradoxical question, “Why should I
be unselfish ?” It might prove that the answer would be akin to this:
I want good arteries because I want a good circulation. It is not altru-
ism nor egoism that men and nations crave, but life, and that more
abundantly. Altruism was emphasized as a means of giving men life
more abundantly. It may have been worshiped as an entity, but
richness of life is the real entity, and it may be got, like a good circulation,
by relieving congestions and purging of obstacles.

If we look at genetic treatments of altruism we usually, but not
quite always, find it treated as something that was created or invented
or discovered or originated, by some inspired man or group of men, or
as something that arose in very early conditions of society after egoism
had failed to make men healthy and happy. But now if we leave out
conscious motivation and clear ideas of purpose and character and

224 UNIVERSITY OF COLORADO STUDIES

sympathy, and treat altruism and egoism simply by their results, that
is, treat conduct or individual acts simply by their results, we may say
that egoism corresponds to the credit side of the account and altruism
to the debit side. The circulation of money is here the reality: the
income and expenditure are, relatively, the abstractions. As a financial
being a man is real when his income and expenditure are equal; only in
this case has he the richest financial experience. Debt means or tends
to mean bankruptcy, hoarding means or tends to mean loss of experience.
In the same way a man or a race is really living when its moral expen-
diture and income are equal. The race must be regarded as a living
race, a going concern. It is not reasonable to say that there was a time
when man must have been chiefly, if not wholly, selfish, unless it is
meant that there was at that time a great depression of life, a genuine
danger of extinction. It does not suffice either to prove that primitive
man had few interests and narrow horizons: lions have these and yet
they seem to have great intensity of life and circulation.

Some of those who consider conduct genetically, point out that new-
born infants are wholly egoistic. If this were true it would carry weight.
But is it true? Here surely egoistic is a purely scientific word because
infants have absolutely no conscious motives, or ‘‘ideas” of purpose
and sympathy. Then their acts must be judged by results. Do they
not show the altruistic aspect as strongly marked as the egoistic ? Each
infant is the Trager of the family, even, in a sense, of the race. Any
failure to take nourishment, an act producing pleasure in the mother,
would be a failure toward posterity.

Others appeal to the fierce isolation of the beasts of prey and other
animals. It is true that animals have narrow horizons of life. But
within these what reason is there for believing that altruism and egoism
are not equal? Trees and shrubs and flowers have narrow lives, but
do they not give out to the air and the earth and to animals and man
as much as they receive? Action and reaction may be equal in this
pair of terms as others. I spent two hours watching a cage of hyenas
in the Berlin zodlogical gardens, and the father spent nearly every minute
of that time licking and fondling his ugly, vicious-looking offspring.
The male lion spends his time in toil and fight and great danger largely
in order to carry his prey to the whelps.

GROWTH OF ALTRUISM IN THE CIVILIZED PERIOD 225

Spencer saw clearly that the great confusion on this subject arises
from comparing the altruism of a large circle of interests and sympathies,
with the altruism of a small circle of interests and sympathies, instead
of comparing the altruism in each circle of interests and sympathies,
with the egoism in that same circle. There is no proof and no inherent
probability that in healthy individuals, or in healthy races the ratio
between them varies more than it varies in physical circuits and circula-
tions between the outgoing and incoming currents. Indeed, there seems
much reason to define life in the moral nature as the equivalence of these
jactors and to associate any lack of their equivalence with a tendency to a
disturbance of life and vigor.

This view of the whole matter was seen with much clearness by
Shaftesbury in his justly celebrated Characteristics' where he gave a
tabulation of the affections which set up the ideal of moral life as a
balance between selfishness and benevolence. He sees this not as a
modern idea, but as a law of nature, and says that when bitches eat
their young they are called ‘“‘unnatural.” He might have added that
all who kill the things they love, or ought to love, destroy themselves and
their race.

The evolutionists, especially Darwin himself, have often spoken of
Shaftesbury with very marked approval.

A modern doctor does a thousand acts of kindness for one done by
a primitive savage; but he receives more money, esteem, love and self-
respect in an equal proportion. The savage would have murdered a
neighboring tribesman at sight (just as the doctor would order a chicken
for breakfast, or a roast for dinner, or as even Wordsworth may have
killed a troublesome insect), because of a limited circle of interests and
sympathies. But the savage loved his offspring to the death, and that
is why we are here today, some of us maligning him.

t Lipsy, ‘ Ethics of Shaftesbury,” Amer. Jour. of Psych., September 1901.

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SOME LEGAL ASPECTS OF HIGH-SCHOOL
FRATERNITIES:

By JouNn D. FLEMING

The authority of governing boards and faculties of high schools
over organizations within such schools known as high-school fraternities
has been a question much discussed during the past two or three years,
and the fraternities themselves, their influence and tendencies, the
subjects of no small concern among parents and educators. It is the
purpose of this paper to present some legal aspects of this question,
referring at the outset briefly to a few general or basic principles bearing
upon the subject and more particularly to the laws of Colorado in rela-
tion thereto, and to the adjudged cases.

By the Constitution of Colorado the maintenance of free, public,
non-sectarian schools and the gratuitous instruction therein of all chil-
dren between the ages of six and twenty-one years is forever guaranteed,
and the general supervision of such schools is vested in a board of edu-
cation, whose powers and duties shall be prescribed by law. The
superintendent of public instruction, the secretary of state and the
attorney-general constitute what may be called the general or state
board, and provision is made in another section for the organization
of school districts of convenient size and the establishment therein of
another board of education consisting of three or more directors, to be
elected by the qualified voters of the district, and to these directors is
committed the “control of instruction in the public schools of their re-
spective districts.’’?

Observe that in the exercise of its general supervision the powers
and duties of the State Board of Education according to the constitution,
shall be as subsequently “‘prescribed by law,” that is, by the legislature;
while the control of instruction in the public school is vested in the
school directors in their respective districts, and that such command over
the public schools by such directors is prescribed by the constitution

t Revised by the author from a paper read before the Colorado Teachers’ Association, January 1, 1908.
2 Const. Colo., Art. IX §§1, 2, 7, 8, 15.
227

228 UNIVERSITY OF COLORADO STUDIES

itself, and cannot be divested—even by the legislature or by any other
department of government.

In accordance with the authority granted by the constitution the
first legislature after Colorado became a state passed laws defining the
powers and duties of the State Board of Education, and provided for
the ascertainment of school districts and the organization of district
schools and of high schools, and prescribing the powers and duties of
their governing boards, which laws have remained until the present
substantially unchanged. The governing boards of high schools are
called in the original act and in the amendatory and supplemental acts
passed from time to time, committees, but these committees, whether
of “district”? or ‘‘union” or “county” high schools, are taken in turn from
the district directors; and it is a noticeable fact that in this distribution
of powers and duties among the various educational boards no attempt
has ever been made so far as the writer can ascertain, to derogate from
the high-school committees the powers originally granted by the consti-
tution to the district directors, namely, that of the control of instruction
in the public schools.*

The constitutional grant to the school directors is contained in a
broad phrase, the control of instruction. In elaborating it the first
Colorado legislature gave to all school boards the ‘power to make such
by-laws for their own government and for the government of the public
schools under their charge as they may deem expedient,” and again, in
subsequent sections of the same first legislative act, this control of
instruction becomes diffusive and flows through many channels. It
is unnecessary to mention them all. But among the enumerated powers
we find the following:

Every school board, unless otherwise especially provided by law, shall have
power, and it shall be their duty . . . . to suspend or expel pupils from school,
who refuse to obey the rules thereof.?

That is the law of Colorado, and has been the law since territorial days.
There are no other general or special statutory provisions that I can
discover upon the subjects of suspension or expulsion from school;

t Mills Ann. Stat., chap. 109.
2 Mills Ann. Stat., §§ 4012, 4015.

SOME LEGAL ASPECTS OF HIGH-SCHOOL FRATERNITIES 229

and the absence of such eliminates the phrase “‘unless otherwise especi-
ally provided by law.” The only remaining part of the enactment
worthy of comment is perhaps that relating to disobedience of the
rules.

At common law it was the duty of parents to give their children an
education suitable to their station in life.t But while the common
law recognizes this as a duty of great importance, there was no remedy
provided for the child in case this duty was not discharged by the parent;
neither was there any punishment inflicted on the parent.?, Under our
scheme of government wherein education is supported by taxation and
to a certain extent is compulsory, and enforced by penal provisions,
the right of the father to have his child and the right of the child to be
admitted and retained in the public school will perhaps be conceded
by all. It is a valuable right, and not lightly to be taken away. It is
within the constitutional guaranties, and, in the face of the statute,
will be protected by the courts.

Those pupils are excluded, says the law, who refuse to obey the rules.
What rules? In contested cases of course judicial decisions supply
the answer: It is only these rules which under the circumstances of the
case are reasonable and within the competency of the school authorities
to make, and the infraction of which, moreover, is brought home to the
pupil by proof, with notice and opportunity to him to be heard and to
defend himself. These things—reasonableness of the rule broken,
proof, notice, hearing—are all fair requirements. They would seem to
be axiomatic. Yet they have been so often disregarded that courts
have had many times to interpose, and to remind those in authority that
some things cannot be too well remembered and that failure to observe
them or some one of them may be a denial of that fundamental principle
as old at least as Magna Charia and known as “‘due process of law;”
which means, says Mr. Webster in the celebrated Dartmouth College
Case:

The law of the land—the general law—a law which hears before it condemns,
which proceeds upon inquiry and renders judgment only after trial. The meaning

t I Bl. Com., 450. 3 Mills Ann. Stat., §§ 418, 410.
2 JI Bl. Com., 781.

230 UNIVERSITY OF COLORADO STUDIES

is that every citizen shall hold his life, his liberty, property and immunities under
the protection of the general rules which govern society.* .

Not long ago the public press contained this ultimatum of the Denver
School Board to the high-school boys and girls who owe allegiance to
the fraternities or sororities of the Denver high school:

All pupils of the Denver high schools who shall become members of a fraternity,
sorority, or other similar organization, on a date subsequent to November 8, 1907,
shall be continuously denied all the privileges and activities of these high schools
except those of the classroom and that of receiving a diploma, immediately after
such date of membership.

A similar inhibition according to the same account is put upon those
pupils whose membership in such organizations dates from a time prior
to November 8, 1907, and who may enter school after September 1, 1908,
unless all connection with such organizations shall permanently cease
on or before September 1, 1908.

In the State Preparatory School at Boulder (which is ciracticamty
a high school) yet more drastic action was proposed. In a letter ad-
dressed to the parents of the State Preparatory School students, under
date of August 29, 1907, the parents were advised that the school
board would not admit to the school this year any person who had
become an active member of a secret social organization since October
I, 1906, at which time action opposed to secret social organizations was
first taken; and the board sought in the letter the earnest co-operation
of all parents and patrons of the school.

The action of the Boulder school board resulted in an ‘‘understand-
ing,’ reached September 13, 1907, between the board on the one hand
and the fraternities on the other; by which the fraternities stipulate
that they have neither initiated nor pledged any new members since
September 1, 1907, and that they will not at any time in the future invite,
initiate, or pledge new members in their respective societies. Theyfurther
stipulate that as soon as the present members of the respective organiza-
tions have been graduated from the Preparatory School, the fraternities
will cease to exist as active organizations in connection with school life
of the Preparatory School. The board on their part agree to show no
discrimination against the fraternities so long as the stipulations men-

t WesstTErR, ‘‘Arguendo, in Dartmouth College Case,” 4 Wheat., p. 518; Black. Const. Law, p. 481.

SOME LEGAL ASPECTS OF HIGH-SCHOOL FRATERNITIES 231

tioned are observed, and further, that the members of the fraternities
who have joined since October 1, 1906, shall be admitted to all privi-
leges, etc. So far as the writer is advised the agreement has been faith-
fully kept and performed; and this, all agree, was a happy issue out
of the Boulder troubles. The action of the Denver and Boulder school
boards is perhaps typical of what has been done or proposed in other
localities in the state and country at large. In the one, it is observed,
continued adherence to the secret societies debars the student from
participation in certain privileges which are incidental to regular school
work, such as athletic, military, musical and class organizations; while
the other, as the resolution first proposed, prevented admission to the
school altogether if such adherence were continued; though happily, as
indicated in the Boulder case, the compromise effected obviated any
necessity of a resort to the harsher method of denying admission to a
student who maintained his former fraternity connection, or who had
joined after a certain date.

The question recurs, what is the legal aspect of these examples?
That the boards respectively are satisfied with the policy of their action
the writer thinks is not open to argument—at least not to this argu-
ment; and as to the legality of each there seems to be little doubt, even
as to the severer step first contemplated by the Boulder authorities.
This conclusion appears to be justified not only in view of the very
broad discretionary powers reposed in boards of school directors by
the Colorado constitution and legislative enactments, but from considera-
tion also of the adjudicated cases. The Colorado courts of last resort
have not passed upon these questions as far as the official reports disclose;
neither does the writer know of their having been litigated in any of
the tribunals of this state; and but four of such cases have been reported
from the higher courts of other states of the Union; and in but two of
these are high schools directly affected. Reference first is made to the
case of Wayland v. Board of School Directors, decided by the Supreme
Court of the State of Washington in August 1906' and the action of the
school board in that case is so strikingly similar to that of the Denver
board that one cannot escape the conviction that the resolution of the

t 86 Pac., 642; 7 L. R.A. (1907), 352-

232 UNIVERSITY OF COLORADO STUDIES

Denver directors was framed with the Washington case before them.
It certainly appears to be a safe precedent to follow. Briefly, George
Wayland, a minor eighteen years of age, by his father and guardian,
sued the Seattle school board, seeking to enjoin them from depriving
the said minor from certain high-school privileges. He alleged that he
was of school age and entitled to all school benefits; that he was a
member of a certain secret Greek-letter society, and that he was unjustly
prohibited, with his fellow members, from belonging to debating clubs,
school bands, glee clubs, orchestras, cadet corps and other kindred
organizations of said school; that unless they withdrew from said frater-
nity he and they would also be deprived of the customary honors attend-
ing graduation; that they had no privileges except that of attending
classes; that the rule so excluding them was in excess of lawful authority;
that there was nothing objectionable in said fraternity, their meetings
being held at the homes of their parents with consent of such parents and
always after school hours, at which meetings all improper conduct was
prohibited and a high-class literary programme carried out. From a
final judgment refusing injunctive relief in the trial court, an appeal
was taken to the Washington supreme court; and there the judgment
of the lower court was affirmed, all five of the judges concurring.

From the facts of the case it would be hard to discover a state of
affairs more “upon all fours,” as the lawyers say, with those with which
the Denver school board was concerned when it passed its order above
quoted. The case, of course, is not of binding authority upon the courts
of other states should a similar question arise in them, but the reasoning
of the judge who pronounced the opinion is very persuasive, as anyone
who reads the official report will perhaps acknolwedge. The trial
court had made findings of fact which were not favorable to the society;
extracts from its official magazine were quoted, and letters from the
Sacramento, Calif., and Denver, Colo., chapters were published, which,
together with the testimony of the principal of the school, all tended to
show a seditious spirit in the organization, an inclination to snobbish and
patronizing airs not only toward other pupils but toward the teachers,
and contempt for school authority, and that the members of the society
considered their obligation to the fraternity greater than that to the

SOME LEGAL ASPECTS OF HIGH-SCHOOL FRATERNITIES 233

school; and the appellate court expressed its complete satisfaction with
the findings.

It will be perceived that the Washington court did not dismiss the
case as being not within its jurisdiction but within the jurisdiction of
the school board alone. It entertained the cause to inquire what
powers had been legally conferred upon the board and whether the
board had arbitrarily exceeded its authority. It gave to the student his
“day in court,” wherein to avail himself of the ‘law of the land.”

The only other reported case involving Greek-letter fraternities arose
in Indiana. It was the case of Stallard v. White,t in which the
right of the trustees and faculty of Purdue University (which is the
Indiana State Agricultural College) to make membership in a Greek-
letter fraternity a disqualification for admission as a student to the
university, was denied by the highest court of that state. The applicant
who was refused admission because of his refusal to sign a pledge to
disconnect himself as an active member from the society during his
connection with the university, was held to be entitled to a mandamus
to compel his admission. In view of this decision it would seem at
first blush that the authorities at Boulder were treading upon dangerous
ground. But the practical force of the decision, it is submitted, is much
weakened by the language of the judge (which is the language of the
court) in the course of the opinion.

The admission of students in a public educational institution is one thing... .
and the government and control of such students after they are admitted, and have
become subject to the jurisdiction of the institution, is quite another thing... . .
It is clearly within the power of the trustees and of the faculty . . . . absolutely to
prohibit any connection between the Greek fraternities and the university. The
trustees have also the undoubted authority to prohibit the attendance of students
upon the meetings of such Greek fraternities, or from having any other active con-
nection with such organizations, so long as such students remain under control of
the university, whenever such attendance upon the meetings of, or other active
connection with, such fraternities tends in any material degree to interfere with the
proper relations of students to the university.

There was a dissenting opinion, but the decision of the majority of
the Indiana court seems to proceed upon the theory that if mere mem-

t 82 Ind., 278; 42 Am. Rep., 496.

234 UNIVERSITY OF COLORADO STUDIES

bership in a Greek-letter fraternity works a disqualification for ad-
mission to the university, then membership in any other secret society
would be converted into a like disqualification, and discriminations
would thereupon ensue against large classes of inhabitants, etc. But
it is submitted that it makes little practical difference to a board of
education whether they are denied the power to refuse admission to a
student to the public schools on the ground that he is a member of a
secret society, if it be conceded, as this case seems to concede, that they
have the right to expel or suspend such student for attending its meetings
or for other active participation therein, if such conduct be against the
rules. This is a refinement of not much practical utility. It is like
the old lady and her cat, who were refused admission to a boarding
house, unless she agreed to face a very perplexing alternative, ““We will
let you in,” they said, ‘‘but, being in, we will have to kill the cat.”

The third case, above referred to, was from Illinois—Prait v.
Wheaton College, a privately endowed institution. Relator’s son joined
a secret society—The Good Templars—which was against the rules,
‘and so the teacher turned him out”—suspended him. He applied for a
mandamus to be reinstated, and was refused, and he appealed. The
charter of Wheaton College gave to the trustees no more than the laws
of Colorado give to the school directors of high schools—and that was,
“power to adopt and enforce such rules as may be deemed expedient for
the government of the institution,” a “power which,” said the reviewing
court, “they would have possessed without such express grant, because
incident to the very object of their incorporation and indispensable to
the successful management of the college.” The supreme court of
Illinois in passing upon the appeal pronounced the rule forbidding
students to join secret societies upon pain of expulsion or suspension a
reasonable one. It did not doubt the beneficent objects of the Good
Templars society, but the right to join it might be surrendered, it said;
and the right was surrendered by the pupil under the rule when he joined
Wheaton College. The language of this judge is so felicitous that
a quotation may be pardoned. He is speaking of the “legal rights” of
individuals, a phrase much employed by persons situated similarly to

x go Iil., 186.

SOME LEGAL ASPECTS OF HIGH-SCHOOL FRATERNITIES 235

the student in this case. ‘The legal right to do a thing,” he says,
“means that the law does not forbid the doing of it; not that one may do
it at all possible times and under all possible circumstances. A person as
a citizen may do what he may not do as a student of Wheaton College.”
He adds, in substance, that a man may marry, walk the streets at all
hours, board at the big hotel, but not if he be a student and the trustees
forbid; and they may expel him if he refuses to obey.

It is not to be doubted that the reasoning of this case is applicable to
public schools supported by public taxation; it being granted, of course,
that the directors of such schools have the legal right to make and have
made reasonable rules.

It has been shown above what powers and duties the constitution
and laws of Colorado confer upon the school authorities in this
behalf, and the constitution and statutes of perhaps all of the
states contain substantially similar provisions. Thus, in Illinois,
the board of education in the city of Chicago is given “all the
rights, power and authority required for the proper management of
schools” with “power to expel any pupil who may be guilty of gross
disobedience or misconduct.”! In Illinois also the validity of certain
rules of the Chicago school board, pursuant to the foregoing powers,
was put to a test in an appellate court, the case being the second of the
high-school cases above mentioned. A pupil of the Hyde Park school
brought an action, by his mother and next friend, to enjoin the enforce-
ment of a rule of the Chicago board denying to ‘‘secret”’ societies the
privileges of school buildings and to student members thereof repre-
sentation in any literary or athletic contests, etc. The rule, it will be
observed, like that of the Denver school board, is modeled after that
in question in the Seattle case, supra; and, like the appellant there, the
Hyde Park student alleged that his natural rights were being infringed
and that there was unlawful discrimination against him. The trial
court from which the appeal was taken had dismissed the plaintiff’s bill
for want of equity, and the reviewing court, the Appellate Court of
Illinois, First District, unanimously affirmed its decree.?

t Stats. Ill., Art. VI, chap. 122, §22.
2 Wilson v. Board of Education, Chicago Legal News, November 16, 1907.

236 UNIVERSITY OF COLORADO STUDIES

The appellate court in the above case considered but two points:
(1) Had the Board of Education vested in it by law authority to make
the rule in question? and, (2) Is the rule a reasonable one? As indi-
cated, the answer to both questions was in the affirmative. The pre-
sumption of law is in favor of the reasonableness of rules of boards;
the court said, and the burden of proving the contrary rests on the
party challenging them, citing People v. Cregier, 158 Ill., 401; and
courts, if such rules are reasonable and equal in their operation, will not
interpose their judgment or opinion contrary or in opposition to that of
the board, which in the promulgation of such rules acts judicially.
The cases cited in support of this doctrine are McCormick v. Burt, 95
Ill., 263; School Trustees vy. School Directors, 190 ibid., 590.

The state of Minnesota appears to have adopted the most drastic
measures against high-school fraternities. By act approved last year
the legislature itself of Minnesota forbids any pupil of the public school
of the state to become a member of any secret society formed wholly or
partially from the membership of the schools, and the same act gives
full power and authority in the premises to the school directors, including
power to dismiss or to suspend for violation of the rules and regulations
of the boards passed in relation to such organizations.t The School
Board of Minneapolis in September, 1907, promptly availed itself of the
powers granted and passed full regulations on the subject; forbidding, .
among other things, high-school fraternities to be formed, or any pupil
to solicit other pupils to become members of such fraternities, or attend
their meetings, etc-—the usual enactments, by this time familiar.
And the usual injunction was applied for—and refused. A pupil of the
Central High School of Minneapolis brought the action, his parents
joining with him as citizens and taxpayers.?. The case in the lower
court is not officially reported, but an appeal has been taken to the
Supreme Court, and an authoritative exposition of the Minnesota law
may ere long be expected. Ifregard be had to the almost unbroken line of
judicial precedents from other states, to which is added the positive
command of the Minnesota legislature, the judgment of the Supreme
Court of Minnesota may also with some confidence be anticipated.

* Laws Minn., 1907, chap. 149.
2 Brooks v. School Board, District Court, Hennepin Co., Minn., December, 1907.

THE SCOTCH RAIDS AND: THE, FOURTEENTH -
CENTURY TAXATION OF NORTHERN
ENGLAND

By James F. WILLARD

After the death of King Edward I in 1307, the tide of invasion in
the north turned toward England. Year after year the Scots crossed
the border, wasting the sparsely settled counties of Northumberland,
Cumberland and Westmoreland. At times they advanced farther
south into Lancashire or Yorkshire, devastating the country far and
wide. Of these forays there are many accounts in the chronicles and
in the royal and private correspondence of the reigns of Edward II and
Edward III, and it is upon these that the work of the modern historians
is largely based. There is, however, another and valuable index to
the extent and severity of the inroads of the Scots, in the returns of the
taxes upon movable property and in the other financial documents of
the period.

The principal tax used by the kings of the fourteenth century was
the subsidy levied upon the personal property of all the classes in the
country, with the exception of certain kinds of clerical property other-
wise taxed.' | This personal or movable property included the house-
hold utensils, the grain, cattle, or goods for sale of noble, freeman and
serf. The subsidies were levied in varying percentages of the value
of this property, a tenth, a fifteenth, a twentieth or other rate. As the
Scots advanced into the country it was these movable goods which
would be taken away or destroyed, and as a direct consequence the
amount of taxes paid by the men of the north would be lowered. The
revenue of the church, after the same fashion, was largely based upon
movable property, either directly in the form of gifts, tithes, and
produce from their farms, or indirectly upon the rents paid by their
villeins, or freemen. So in the case of the ecclesiastics we should expect

x WiLLARD, J. F., ‘The English Church and the Lay Taxes of the Fourteenth Century,’’ University
of Colorado Studies, Vol. IV, pp. 217-25. 1907-

237

238 UNIVERSITY OF COLORADO STUDIES

a like diminution of taxation as the result of the destruction of their
taxable property. Upon the basis of the returns from both lay and
ecclesiastical taxes, it is possible to gain a concrete idea of the destruction
caused by the Scots to place alongside of the generalizations of con-
temporary writers.

The opening year of the reign of Edward II was a peaceful prelude
to the disasters of the later period. Robert Bruce, after the death of
the conqueror of Scotland, was busily engaged in his attempt to bring
order out of the chaos in which Edward had left the country.‘ The
northern counties, therefore, paid to the twentieth and fifteenth of the
year 1307, sums which may be taken as standards for the reign of Edward
II. Northumberland paid £916 18s. 11d.; Cumberland, £529 7s. 83d.;
Westmoreland, £256 7s. 1o}d.; Lancashire, £397 135. 29d.; and
Yorkshire, £3,867 10s. 10#d.2_ The second subsidy of the reign, that
of the year 1309, a twenty-fifth, indicated the beginning of trouble along
the border. The men of Northumberland paid nothing to this tax,
though writs for its collection had been issued. The unrest in the
north rapidly increased in intensity. In 1311 and 1312 the whole of
the north was ravaged, Durham was sacked, and the men of this district,
hopeless of receiving aid from their weak king, were forced to
buy peace for themselves. In spite of the fact that he received
large amounts of money from loans and a tallage, the king was unable
either to meet his expenses or to repel the Scots, and called upon the
country for another subsidy, a twentieth and fifteenth, in the year 1313.°
The result of the two years of disorder are very apparent in the exemp-
tion of the men of Cumberland, Westmoreland and Northumberland
from making any payments to this taxation.° Evidently the same

t Lane, A., History of Scotland (ed. 1900), Vol. I, pp. 212 ff.

2L.T.R. Enrolled Accounts, Subsidies, No. 14, m.2 and m.2d. For the totals of these counties
in 1297 and 1301 see Yorkshire Archaeol. Society, Record Series, Vol. XVI, pp. xxi-xxv; Vol. XXI, pp. xx-xxiii.

3L.T.R. Enrolled Accounts, Subsidies, No. 14, membranes 3-4. The writs in Rotuli Parliamen-
torum I, 445, 446; Calendar Patent Rolls, 1307-13, 183-86.

4 Lane, A., History of Scotland (ed. 1900), Vol. I, p. 215; Letters from Northern Registers (Rolls Series),
Pp- 203-6.

s On the gifts and loans see Cal. Pat. Rolls, 1307-13, pp. 325, 348, 350, 358, 381, 520; London made
a gift of 1,000 marks, Calendar Letter Books, London, Letter Book D, p. 252. Writs for the collection of the
tallage, C.P.R., 1307-13, pp. 520, 521.

6L. T.R. Enrolled Accounts, Subsidies, No. 14, m. 5. The names of these counties are omitted from
this summary of the subsidy, which is sufficient proof that no money was brought into the Exchequer.

SCOTCH RAIDS AND TAXATION OF NORTHERN ENGLAND 239

condition of exhaustion prevailed throughout the remainder of the reign
of Edward II, for in that period the three most northern counties are
not credited with any contributions toward the national subsidies.*
The effect of the forays of the Scots is also to be seen in the exemption
from or the lowering of borough ferms,? in the deferring of the payments
of county debts,3 in the exemption from purveyance and from attendance
at Parliament,+ and also in the revaluation of ecclesiastical property
in the north.5

As the invasions penetrated farther into the country toward the south,
those counties adjacent to those on the border began to feel the effects
of the devastation of the bands of the Scots. The letters of the northern
bishops and abbots complain of the burning of the goods on their manors,
of the destruction of crops and of the killing of the laborers, so that their
manors were ruined.® As a result of this destruction Lancashire did
not contribute to the subsidy of 1315, but the injury could not have
been very great for in 1316 the county paid £242 17s. 74d. to the fifteenth
and sixteenth.? During the years 1318 and 1319 there was a continua-
tion of the forays into Lancashire and Yorkshire, whole districts of
these counties being laid waste. Lancashire paid only £81 18s. gid.
to the eighteenth and twelfth of the year 1319, the roll noting in addition
that nothing was received from the borough of Lancaster because of
the destruction caused by divers raids of the Scots.? In the West Riding
of Yorkshire some forty vills could pay nothing because they had been
ravaged and burned by the Scots.2 The whole county paid to the same
subsidy £2,207 14s. 4d. as against £3,867 10s. ro$d. in 1307, though

tJ have examined carefully the enrolled accounts of Edward’s II reign in L. T. R. Enrolled Accounts,
Subsidies, No. 14, passim.

a Calendar Close Rolls, 1318-23, pp. 38, 39, 40, 53, 54, 157, 186; C.C.R., 1323-27, PP. 55, 71, 90.

3 Calendar Close Rolls, 1318-23, pp. 190, 233, 200, 307, 460, 686; C. C. R., 1323-27, pp. 56, 112, 262,
439, 483, etc.

4 Calendar Close Rolls, 1313-18, pp. 127, 128. Attendance at Parliament, C.C. R., 1313-18, p. 205;
Letters Northern Registers (R.S.), 219, 220.

s For an example of the damage caused see Letters Northern Registers (R.S.), pp. 279-82. The whole
subject of the revaluation of the clerical property has been too fully discussed elsewhere to repeat here.

6 Letters Northern Registers (R.S.), pp. 219, 220, 238, 274, 276, 277, etc.
7L. T. R. Enrolled Accounts, Subsidies, No. 14, m. ro and m. rrd.
8L.T.R. Enrolled Accounts, Subsidies, No. 14, m. 13d.

9 Ibid., m. 13.

240 UNIVERSITY OF COLORADO STUDIES

the rate in 1319 was higher. It was during these same years, 1318-109,
that the revaluation of the property of the clergy of the province of York
was being carried through, the reduction in values being considerable.
By the year 1322 Lancashire had again recovered, paying £386 Ios.
24d. to the tenth and sixth,t but in comparison with the amount
in 1307 this was far too small, as the rate was about double that of
Edward’s first year. Yorkshire seems to have suffered very severely, it
being noted on the roll that 128 vills in the North Riding had been so
burned and devastated by the Scots that they had no goods which might
be taxed. The total amount for the whole country fell to £1,896 7s.
13d., a very serious loss since 1307.2 The truce for thirteen years
signed in 1323 brought a much needed rest to the northern counties
for a time.3

When Edward III came to the throne in 1327 the trouble with Scot-
land broke out anew, for the Scots were anxious to gain a recognition
of their independence from the young king. Once again war broke out
and once again the north was ravaged in the summer of 1327.4 When
in September of that year the collectors of the twentieth, granted in
Parliament, were appointed, it was not even thought necessary to select
men for the counties of Cumberland, Northumberland and Westmore-
land.s Both Lancashire and Yorkshire contributed to this subsidy,
Lancashire paying £162 11s. }d. and Yorkshire, £1,573 18s. 24d.,
both of these amounts being far below the sums paid during the first
year of Edward II.° After the treaty of Northampton, March, 1328,
there was another interval of peace which was broken by Balliol’s attempt
to gain the throne of Scotland. This led to reprisals on the part of the
Scots though too late to affect seriously the assessment of the tenth and

1L. T. R. Enrolled Accounts, Subsidies, No. 14, m. 15d

2 Jbid.,m.14d. The totals for the Ridings in 1319 and in 1322 were as follows: East Riding, £866
6s. to}d. (1319); Lor10 48. ofd. (1322); West Riding, £645 135. 1d. (1319); £623 os. 12d. (1322); North
Riding, £524 5s. 6td. (1310); £242 5s. 11d. (1322); City of York, £171 8s. 11d. (1319); £120 15s. sd. (1322).

3 Lane, A., op. cit., I, 232; Calendar Close Rolls, 1318-23, p. 718.

4 Mackinnon, Edward III, pp. 18 fi.

s Calendar Patent Rolls, 1327-30, pp. 172, 173- On the Enrolled Account of this subsidy there is no
money credited to these counties, L. T. R. Enrolled Accounts, Subsidies, No. 8, m. 1 ff.; while on the memo-
randa rolls it is specifically stated that nothing came from them; L. T. R. Memoranda Roll, No. 93, m. 1;
The entry alongside of each of these counties reads, ‘‘de XXma laicorum nec Xma cleri nichil in hoc comitatu.’’

6 For these totals see L. T. R. Enrolled Accounts, Subsidies, No. 8, m. 1 ff.

SCOTCH RAIDS AND TAXATION OF NORTHERN ENGLAND 241

fifteenth granted in September, 1332. Northumberland, however, paid
nothing to the subsidy, though collectors had been appointed for that
county.: After the raids began anew it was given several extensions of
time for the payment of the tax, and finally, in June, 1335, it was excused
all payment.?- Cumberland and Westmoreland now paid £538 14s.
sd. and £189 8s. 104d. respectively. The strife of 1332 and 1333 had
the effect of again wasting the north, and in 1334 the three border
counties paid nothing to the subsidy of that year, the writs to the collec-
tors of the tenth and fifteenth for those counties being vacated on the
patent rolls.

After the campaign of 1335 in the north had come to an end, the border
counties, if we can judge from the taxation returns, enjoyed a larger
measure of peace than they had experienced for nearly a generation.
From the tenth year of Edward III to the end of his reign the three
northern counties regularly paid their share of the national subsidies
whenever they were levied.4 After the year 1334 Cumberland was,
seemingly, the only one of the three to suffer much from the inroads of
the Scots and even it always paid a certain amount when subsidies were
granted.’ For a time, however, the total of its taxation decreased. In
1336 the men of the county paid to the subsidy, a tenth and fifteenth,
£554 8s. 63d.° During the next year Parliament granted the king a
tenth and fifteenth to be collected annually for three years. Cumber-
land paid only £370 13s. 14d., the reason for this decrease being, as
stated in the roll, that the Scots, the enemies of the king, had invaded
the county after the tax had been granted, and had perpetrated much
burning, depredation, and destruction of the goods of the men of the
country, so that they were unable to pay as much as before the raid.7

«L.T.R. Enrolled Accounts, Subsidies, No. 8, m. 2 ff.; the appointment of the collectors is found in
Calendar Patent Rolls, 1330-34, PP- 357, 484, 485-

2 Calendar Close Rolls, 1333-37, pp- 85, 303- Calendar Patent Rolls, 1334-38, p. 114.

3 Calendar Patent Rolls, 1334-38, pp. 38-40; there is, furthermore, no record of any money having been
handed in at the Exchequer, L. T. R. Enrolled Accounts, Subsidies, No. 8, m. 4 ff.

4 The returns may be found in L. T. R. Enrolled Accounts, Subsidies, No. 8 or in No. 14.

sIn 1336, and thereafter, Northumberland paid £333 7s. 84d. and Westmoreland £100 15s. 64d.
L. T. R. Enrolled Accounts, Subsidies, No. 14, m. 22d. and m. 2 3d. Itis interesting to compare these amounts
with those raised in 1307.

6 L. T. R. Enrolled Accounts, Subsidies, No. 14, m. 22d.

7 Ibid., m. 26d.

242 UNIVERSITY OF COLORADO STUDIRS

As, since 1334, the amount which each county had to pay when the
subsidy was granted remained a fixed sum, it was necessary to gain a
writ for a reassessment in a case like that of Cumberland. The writ
which authorized the assessment of 1336 states the same reasons for
lowering the county total as does the record of the collectors.1 The
second year of the subsidy witnessed a further decrease, the total being
£285 19s. 74d., the same reason being assigned for this small amount;
while the third year brought in only £249 4s. 54d.? With the latter
year and amount the taxation of Cumberland reached its lowest point,
and for the remainder of the reign of Edward III and afterward, this
sum was paid by the county whenever a subsidy was granted by Parliament.

The case of Cumberland in the years of the rapid decrease is made
more instructive by the fact that there are preserved in the Public Record
Office several of the lists made up in the county, giving the amounts
paid by the wapentakes and liberties. When these are even roughly
compared they show clearly the direct relation between the forays of
the Scots and decreased taxation. ‘The northern and central districts,
as indicated by the decrease in taxation, suffered severely from the raids,
those most affected being the wapentakes of Eskdale, Cumberland and
Leath, the liberties of Penrith and of the bishop of Carlisle, and the
socage and city of Carlisle. The districts below the center, protected
by the highlands, suffered very little, the best examples being the liberties
of Cockermuth and Egremont.* It is only natural to expect that after

Wapentake to Epwarp III | 11 Epwarp III | 12 Epwarp III
Se a i 3Ss 4G, Seis m ae
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(Gummberland ee we cecctew cea citer ota eer wlaeoerelegeranvensttis 85 13 22 44. 3. 5% 32 5 2%
faeces elon tose niente a tasers eters te age ekshor eae iaferasloryinheeds I00 17 0 75 0 I 53' 9 0
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Beremiont pe cnecccicriee es tes cateon ten eee ones 30 10 62 39 10 14 35 0 3t

passing Carlisle the raiding bands should keep to the plains in preference

to the hills, and the above results seem to bear this out.

t Fine Roll, No. 138 (12 Edward III), m. 31. The writ is dated 4 March, 12 Edward III.

2 Ibid., m. 20d. and m. 30.

3 These rolls are Lay Subsidies, 90/3 (10 Edward III); 90/4 (10 Edward III); 90/6 (11 Edward III);
90/7 (12 Edward III).

4 Using the local lists I have made out the following list of typical changes.

A LIST OF THE ENTOMOSTRACA OF COLORADO

By GIDEON S. Dopps

The Entomostracan fauna of Colorado has been but little studied and
the records up to the present are not numerous. A brief statement of
the work that has been done may be of interest. The writer has
attempted to summarize all the work which has been done in the state
and the following list probably includes all the published records.

Prior to 1902, but ro species of Entomostraca were known for
Colorado. Most of these were listed by naturalists with the ‘Hayden
Survey” during the “seventies.” In 1902 Professor Beardsley, of Greeley,
Colo., published a list of 34 species known to occur in the state. Of
these, 24 species new to the state were from his own collections. In
1904 Birge added 6 species and Marsh added 3 from the collections
made by Ward in the Pike’s Peak region. A. S. Pearse in 1905 listed
one additional species and Beardsley added one. In 1907 Juday from
Twin Lakes added 10 to the list and in the same year Marsh gave records
of 5 additional species. In 1905 Shantz published some valuable data
concerning lakes in the Pike’s Peak region but gives no records of the
species of Entomostraca collected. The above records include three
species new to science: Diaptomus nudus Marsh and Macrothrix mon-
tana Birge from the Pike’s Peak region and Diapitomus judayi Marsh
from Twin Lakes. The writer during the summer of 1907 collected 5
species not hitherto listed from the state. This makes a total of 65
species recorded for the state.

This list is not a long one but very little work has been done. More
extensive collections will, in all probability, show the total number in
the state to be considerable. ‘The wide range of climatic conditions
may be expected to support a corresponding variety of forms. In our
foothill and mountain region there are a large number of small lakes at
altitudes varying from 6,000 to 12,000 feet. Little is known about the
Entomostraca of such lakes in America and systematic study here
should be fruitful.

243

244 UNIVERSITY OF COLORADO STUDIES

The following list gives the localities from which the species known
to occur in the state have been collected. For the records prior to 1902
I have not gone to the sources. I give them as listed by Beardsley.
Beardsley’s own collections cover quite a number of years and are mostly
from the vicinity of Greeley, at an altitude of about 4,600 feet. Here
typical plains conditions prevail. Ward’s collections were made during
the summer of 1903, from a group of lakes near Pike’s Peak at an altitude
of about 10,500 feet. The conditions here are alpine. The collections
by Juday were made from Twin Lakes, during the summers of 1902
and 1903. These lakes have an altitude of 9,200 feet. During the
summer of 1907 the writer made collections near La Junta (4,100 feet),
near Boulder (5,300 feet), at Tolland on South Boulder Creek (8,850
feet), and from Redrock Lake near Ward (about 10,000 feet).

LIST OF ENTOMOSTRACA KNOWN TO OCCUR IN COLORADO’
PHYLLOPODA

Apus longicaudatus Le Conte. (? =obtusus James).

Beardsley considers these two, listed by Le Conte in 1823 and James in 1846, to
be the same species.
Apus newberryi Packard.

Little Crow Creek North of Greeley.
Branchinecta coloradensis Packard.

From the mountains of Colorado. Reported by Beardsley from “Hayden Survey.”
Branchinecta lindahli Packard.

Near Greeley.
Estheria mexicana Claus.

Collected by Beardsley near La Junta, and in Little Crow Creek north of Greeley.
Eulimnadia texana Packard.

Collected by Beardsley near La Junta.
Lepidurus bilobatus Packard.

Quoted by Beardsley from “Hayden Survey.”
Streptocephalus texanus, Packard.

Collected by Beardsley on Mesa de Mayo, Las Animas County.

CLADOCERA
Alona affinis (Leydig).
Pike’s Peak; Twin Lakes.
Alona glacialis Birge.
Greeley.

« In the following list an asterisk before the name of a locality indicates collections made by the present
writer and recorded here for the first time.

A LIST OF THE ENTOMOSTRACA OF COLORADO 245

Alona guttata (Sars).
Twin Lakes; *Boulder.

Alona quadrangularis (O. F. M.)

*Boulder; *Redrock Lake. I am not sure whether this is different from A. affinis
from Pike’s Peak and Twin Lakes. The specimens measure .35-.5mm. The claw
is smooth with a row of very fine cilia. The claw of affinis is regularly toothed.

Alonopsis latissima Kurz.
Near Greeley.

Camptocerus rectirostris biserratus Schoedler.
Twin Lakes.

Ceriodaphnia pulchella Sars.
Pike’s Peak; Twin Lakes.

Ceriodaphnia reticulata var. dentata Birge.
Greeley; *Boulder.

Chydorus sphaericus (O. F. M.)

“Hayden Survey” (Beardsley). Common about Greeley; Twin Lakes. Occurs
in most of my collections about *Boulder and from *Redrock Lake.
(Daphnia brevicauda Chambers]

From “Hayden Survey.” Considered by Herrickt an incorrectly figured and
described Simocephalus.

Daphnia dentifera Forbes.

*Redrock Lake; *Tolland. The writer is not positive about this identification.
Daphnia hyalinia Leydig.

*La Junta.
Daphnia hyalinia richardi Bruckhardt.

Twin Lakes. I do not know whether this is the same as the preceding. I have not
seen the description of this variety.

Daphnia longispina O. F. M.
Pike’s Peak.

Daphma pulex (De Geer).
Pool above timberline on Mt. Elbert, “‘Hayden Survey;” Greeley; Pike’s Peak;
Twin Lakes; Lake on University Campus at *Boulder.

Depanothrix dentata (Euren).
Twin Lakes.

Dunhevidia setiger Birge.
Near *Boulder.

Eurycerus lamellatus (O. F. M.)
Twin Lakes; *Tolland.

t Herrick, C. L., Entomostraca of Minnesota included in the orders Cladocera and Copepoda. Second
report of State Zodlogist, p. 205, 1895.

246 UNIVERSITY OF COLORADO STUDIES

Graptoleberis testudinaria Fischer.

Twin Lakes; *Boulder. This is common in several lakes near Boulder. The out-
lines of these specimens is somewhat different from Herrick’s figure. I have not seen
the specimens from Twin Lakes.’

Latona setifera (O. F. M.)

Twin Lakes.

Macrothrix hirsuticornis Norman and Brady.

Twin Lakes. Cushman! records this species from Newfoundland and states that
this is its first recorded appearance on the Western Hemisphere. This record of Juday’s
from Twin Lakes is nearly a year earlier.

Macrothrix laticornis (Jurine).

Near *Boulder.
Macrothrix montana Birge.

Pike’s Peak.

Moina affinis Birge.

About Greeley.
Pleuroxus procurvatus Birge.

Pike’s Peak; Twin Lakes. Pleuroxus occurs abundantly in collections from several
lakes about Boulder. No two individuals are alike. I am unable to place them.

Scapholeberis mucronata (O. F. M.)
Greeley; Twin Lakes; *Boulder.

Simocephalus serratulus (Koch).
Pike’s Peak; *Boulder.

Simocephalus vetulus (O. F. M.)
Greeley; Twin Lakes; *Boulder; *Redrock Lake.

COPEPODA

Actheres carpenteri Packard.

The mountains of Colorado. Quoted by Beardsley from “Hayden Survey.’
Canthocamptus minutus (O. F. M.)

Greeley.
Cyclops albidus Jurine.

Greeley; Pike’s Peak; Twin Lakes; reported from Wray and Laird by Pearse.
Cyclops ater Herrick.

Greeley.
Cyclops insectus Forbes.

Greeley.
Cyclops pulchellus Koch.

Twin Lakes.
Cyclops serratulus Fischer.

Greeley; Pike’s Peak; Twin Lakes; reporteu from Wray and Laird by Pearse.

1 CusHMAN, J. A., “‘Fresh-water Crustacea from Labrador and Newfoundland,” Proc. U. S. Nat. Mus.
33, DO. 1589, pp. 705 and 7009.

247

A LIST OF THE ENTOMOSTRACA OF COLORADO

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248 UNIVERSITY OF COLORADO STUDIES

Cyclops viridis var. americanus Marsh.
Pike’s Peak; Twin Lakes.
Cyclops viridis var. insectus Forbes.
Reported from Wray by Pearse.
Diaptomus albuquerquensis Herrick.
Reported from Hugo by Marsh.
Diaptomus claviceps Schacht.
Greeley; *La Junta.
Diaptomus judayi Marsh.
Twin Lakes.
Diaptomus leptopus var. piscinae Forbes.
University Campus, Boulder (Marsh); *Redrock Lake.
Diaptomus nudus Marsh.
Pike’s Peak; *Boulder.
Diaptomus pallidus Herrick.
Lake Minnequa, Pueblo (Marsh).
Diaptomus shoshone Forbes.
Pike’s Peak.
Diaptomus siciles Forbes.
About Greeley.
Diaptomus siciloides Lilljeborg.
Hugo (Marsh); *La Junta.
Diaptomus signicauda Lilljeborg.
Collected by Juday near Boulder (Marsh).

OsTRACODA

Candona acuminata (Fischer).

Greeley.
Cyclocypris laevis (O. F. M.)

Greeley.
Cypria mons (Chambers).

“Hayden Survey” (Beardsley).
Cypridopsis newtonit Brady and Robertson.

Greeley.
Cypridopsis vidua (O. F. M.)

Greeley.
Cyprinotus grandis (Chambers).

“Hayden Survey”’ (Beardsley).
Cypris altissimus Chambers.

“Hayden Survey” (Beardsley).

Cypris fuscata Jurine.
Greeley.

A LIST OF THE ENTOMOSTRACA OF COLORADO 249

Erpetocypris olivacea Norman and Brady.
Greeley.

Ilyocypris bradyi Sars.
Greeley.

In the above list, one species, Daphnia brevicauda, must be thrown
out. In two cases two varieties of the same species are listed separately
This makes the total list as follows: Phyllopoda 8 species; Cladocera
26 species; Copepoda 18 species; Ostracoda ro species. This makes
a total of 62 species.

LIST OF WORKS GIVING COLORADO RECORDS

BEARDSLEY, A. E., ‘‘Notes on Colorado Entomostraca,” Trans. Am. Mic. Soc., Vol. 23;
pp: 40-48, 1902.

, “New American Ostracoda,” Science, N. S. Vol. 21; pp. 587, 588. 1905.

BircE, E. A., Report on the Cladocera, in “A Biological Reconnoissance of Some Ele-
vated Lakes in the Sierras and the Rockies,” by Henry B. Ward, Studies from Zool.
Lab. Univ. Neb., No. 60, pp. 149-51. 1904.

Marsu, C. Dwicut, Report on the Copepoda, pp. 146-49, in above paper.

, “A Revision of the North American Species of Diaptomus,” Trans. Wis. Acad.,
Vol. XV, Part II, pp. 381-516, 1907.

Jupay, CHANcEy, “A Study of Twin Lakes, Colorado, with Especial Consideration of
the Food of the Trouts,” Bulletin of the Bureau of Fisheries, 26; pp. 147-78, 1907.

, “Studies on Some Lakes in the Rocky and Sierra Nevada Mountains,” Trans.
Wis. Acad., Vol. XV, Part II, pp. 781-93, 1907.

PerarsE, A. S., “Contributions to the Copepod Fauna of Nebraska and Other States,”
Studies from Zoél. Lab. Univ. Neb., No. 65, pp. 145-60, 1905.

SHaAnNtTz, H. L., “A Biological Reconnoissance of the Lakes of the Pike’s Peak Region—
Preliminary Report,” Trans. Am. Mic. Soc., Vol. XXVII, pp. 75-98, 1905.

The following works are those giving records previous to Beardsley’s
paper. I list them direct, as Beardsley has given them.

CARPENTER, Lieut. W. L., Report on the Alpine Insect Fauna of Colorado, 7th Ann.
Rept. U. S. G. S. (Hayden), pp. 539-42, 1874.

CHAMBERS, V. T., ‘“New Entomostraca from Colorado,” Bull. U. S. G. S. (Hayden),
III, pp. 151-55, figs. 1-4, 1877.

JAmeEs, EpwIn, Note 7 (on the Appearance of Crustacea) to Long’s Expedition from
Pittsburg to the Rocky Mountains, II, p. 336, 1823.

LE Conte, JOHN, “Description of a New Species of Apus,” Annals N. Y. Lyceum Nat.
Hist., IV, p. 155, 1846.

PACKARD, A. S., Jr., “Description of a Lernaean Crustacean Obtained by Lieut. W. L.
Carpenter in 1873 in Colorado,” 7th Ann. Rept. U. S. G. S. (Hayden), p. 612, 1874.

250 UNIVERSITY OF COLORADO STUDIES

, “Synopsis of the Fresh Water Phyllopod Crustacea of North America,” 7th

Ann. Rept. U. S. G. S. (Hayden), pp. 613-22, 1874.
, “Description of New Phyllopod Crustacea from the West,” Bull. U. S. G. S.

(Hayden), III, pp. 171-79, figs. 11-14, 1877.
, “Monograph on the New Phyllopod Crustacea of North America, with Remarks

on the Order Phyllocarida,” rath Ann. Rept. U. S. G. S. (Hayden), II, pp. 295-593,
Pls. I-XXXIX, 1883.

ALPHABETICAL INDEX TO VOLUME V

PAGE
A Colorado Railroad Pool PERU heer Lick (hh aa sol CeO MMMM Stee MOE Oe RUE Re ea Tages
A List of Colorado Entomostraca . : ‘ ; ; ; : . : 0) Vee aa
An Early Colorado Naturalist . . . . SS RGR SUS RR UCDO 25
Altruism, Alleged Growthof . . . G22
Annotated List of Natural History Works Useful to Sanaa Miountain Seridenial SAY OE
Bees in Museum of Comparative Zodlogy . : F u ; A , : : 35
Botany, Colorado ! : } : 5 é . 41,47, III, 119
Botany of Northeastern Tater County: Galeaiie LOU ANRG te WRU arb he dc. | 8 NiLG)
Boulder County, Woody Plants of .. EP es abate ‘ 2. Gy ee 47
Chadwick, George M. Mpa RAMI UR RMR eA MeO Leite, yen Pedi" (16 7 alo Ot ea ny,
Cockerell, T.D. A. . : A ‘ : ; : 5 ‘ 4 35, 159
Colorado, Botany of Northeastern Parinaes County : é ; ; 3 , Bs eta ifo)
Colorado, Ecological Notes SE RSs LMU OAR LAE POY Let ney JBN sib) SPA ie tue
tara HBOS GAMO ER yee et a EG oles Alan haan pea eO
Colorado, List of Entomostraca RTE nO es Run UTE! DILLER eM pa sob aur ici ent, CE be:
Se lorsconmuatiranct, Ag Marky eli 0S pte ea Si et MA a 25
Colorado Railroad Pool, A Pats Dt RAC RR UNSERE OS eM ty MMU r/ atcha trend}
Colorado, Silva of . ; 4 : : : : : . ; é : : 47
Colorado, The Population - SURE TAA Ma atm clot ane Mason Vator vcr dna nciy 5 Melasma dics te iia 7)
Doctrines of the Orphic Mysteries . SOUL a One TRe Tie NC Rina ira mnie eae Linen ADa rey (2517710)
Dodds, Gideon S. : ; : ; ; : y E : f F 243
Ecological Notes from North-Central eaaeae : : s ‘ F AB ese
Entomostraca, List of . RLVPas earns WAL AEe inne MER RR PR REN TAS RTP MHD et sR RUB I 72
Fauna of Fossil Ridge : MM EEN Cee a TS SU Sy A ee
Fishes of the Rocky Mountain even plans Sead) aa aks He pera ae esc aL SO)
Fleming, John D. 3 PVC en ara wera ns akan ete : 1) fo or eae
Fossil Ridge in Northern piper ST eRe areEry HCL M Les BE SNR de cB LLP ge cyt 3 4718,
Brbarmies | Mega Status) Of yf.) oof el ay a) Me Ae nt ESI ar lee ae tea
Gale, Denis . : 4 : : : , : : ; : F : : ? 5 25
Habitation Tax, The . 2 ” ; a ire aegis : : ‘ : ayia : 69
Henderson, Junius. AMAL DENG aaa TTS GENE Pld 2 25, IOI, 179
High-School Fraternities, Tegal Status of ‘ ‘ f : i ; : : : 227
Legal Status of High-School Fraternities. stewed aa a | Usteay Re AU aNm DEL Ke)
kibbyWielancheborye nwa atime Wu siiyl) sbrr i) sia clas toh ce (hd! esditt bss tal (he Reh aerag oi aR aera
Musical:B ornate aur smreniecuinr Seer ivy rad ly ail Metra | Phe! a. Serouinginl it Ite TEAMS 17
Pieler: George catenin E tte visi oo! 4), lal) ge 0) GN ote) elle CARS Sooty EUR ee
Phillips, John B. ‘ PN RCHOMMG ME GT Ti MM vali catty tle ata POO MEG Manny
Population of Colorado, The ; HOaVAne } ; u : Sie : ; MeL

251

252 UNIVERSITY OF COLORADO STUDIES

Railroad Pool, A Colorado AN) RPA Ae trea
Ramaley, Francis : ; ‘ . ; F : : % : : ) 47, I11, II9
Robbins, W. W. SorULtS BW MeL titer |, (Wes Su tata hee amet] IE 9k Une ee een
Scientific Assistance in Law Making SE ES rn eR ek fo 5
Silva of Colorado IIT Pith tee RAMEE Eb hi 47
Some Bees in the Museum of Comparative ZoBlozy, Hae Danes A 35
mayien, Georre Cure) (ete CN a Sa ives lat ey eee 85
Taxation of Northern England. MUP LaRue ne
The Doctrines of the Orphic Meares CTC) Jot ean Beene 30) eens
‘Ehe, Fishes of the Rocky Mountain Region 3)! "4. 4) eo ee
The Habitation Tax . ; 69
The Relation of the Middle English ooepae Christi Play to the Middle ‘oll Reli-
gious Lyric... NPE Ih Lege 7) Ue: 85
The Relation of the Eanes to ised Fo: OPT so ie Wel NV We ee 17
The Sandstone of Fossil Ridge 5 wy lal le era
The Scotch Raids and Taxation of Northern peeled 3 : : : : ease
Willard, JamesF. ... BS i 52 Cy RTD oh (CS
Woody Plants of Boulder County, Galamds EA Auld (fone, Ne Core) Al Renn OM Chae A 47
Zodlogy, Colorado. : Bee : By hae ee : : 35, IOI, 150, 243

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