74 FISH AND GAME. 



Song and Insectivorous Birds. 



Reports indicate that these valuable assets to the State are 

 not showing the desired increase. The spraying of orchard and 

 forest trees may be in part responsible. Trees, berries or in- 

 sects which have received the arsenate of lead spray are often 

 fatal to birds, especially the young. Drinking pools in the 

 sprayed areas claim their share of the victims. Stray cats and 

 dogs which are allowed to run during the nesting season also 

 add to the destruction. 



Heath Hen. 



The eastern pinnated grouse or heath hen, locally called 

 "heth'en" on Martha's Vineyard, is one of the most interesting 

 birds in the world, from the fact that it is the contemporary of 

 the great auk, Labrador duck, passenger pigeon, Eskimo curlew 

 and Carolina parroquet, and, like them, appears to have been 

 marked for extirpation at the hands of man, but now gives 

 promise of perpetuation. It was formerly abundant from Cape 

 Ann to Virginia, especially in the States of Massachusetts, 

 Rhode Island, Connecticut, New York (particularly on Long 

 Island), New Jersey, and probably Maryland and Delaware, 

 The last record in the Connecticut valley in Massachusetts was 

 in 1813; in 1824 it was no longer common around Boston; in 

 1844 it probably became extinct on Long Island; about 1848 it 

 disappeared from Cape Cod; and the last bird on the mainland 

 was shot near Barnegat, N. J., in 1869. 



Various attempts have been made at restrictive legislation. 

 New York was the first to recognize the danger of extinction, 

 and in 1785 made a close season from April 1 to October 1. 

 New Jersey, Massachusetts and Long Island followed, but in 

 Massachusetts the State law of 1842 provided that the law for 

 the preservation of this grouse or heath hen might be sus- 

 pended by the towns, and such action was usually taken. From 

 1890 a completely closed season was in force, but until 1905 

 there were no systematic attempts to enforce the law, and the 

 price secured by sale of the birds was sufficiently attractive to 

 encourage violations. In 1906 the penalty for violation was 

 raised from $20 to $100. By an act of 1907 the Massachusetts 

 Fish and Game Commission was authorized to acquire land 

 by right of eminent domain as a refuge for the heath hen; to 



