THE BIRD DEPARTMENT 



609 



Congress aiming at Federal control of migratory birds, 

 but it was not until 1913 that any one of them bore fruit. 

 The first bills that were brought up failed because they 

 had little support, but during the nine years that ensued, 

 the public became aroused to the importance of bird life 

 and the necessity for conserving the game resources. 

 There was little doubt as to how Congress should act, 

 but great opposition was brought forward by agents for 

 milliners, market hunters, and the congressmen of back- 

 ward states that were still enjoying spring shooting. 

 Thus, after a long struggle, the Weeks-McLean Bill, as 

 it is known, passed both houses and was signed by the 

 President March 4, 1913. 



According to its provisions " All wild geese, wild 

 swans, brant, wild ducks, snipe, plover, woodcock, rail, wild 

 jjigeons and all other migratory game and insectivorous 

 birds which in their migrations pass through or do not 

 remain permanently the entire year within the borders of 

 any state or territory, shall hereafter be deemed to be 

 within the custody and protection of the Government of 

 the United States, and shall not be destroyed or taken 

 contrary to regulations hereinafter provided therefor." 



The Department of Agriculture was authorized to 

 draw up the regulations and submit them to the people 

 for three months' consideration before final adoption. The 

 task naturally devolved upon the Division of the Biologi- 

 cal Survey whose corps of scientists have before them 

 all the known facts concerning the migrations of birds, 

 their lines of flight, their breeding habits, reproductive 

 capacity and other necessary data. Could they be left 

 free to formulate the regulations in accordance with their 

 scientific investigations and conclusions, a very nearly 

 perfect law would result. Their power is limited, how- 

 ever, and committees are human and listen to the demands 

 of outraged congressmen whose constituents have had 

 some of their " vested rights " removed and minor faults 

 have crept into the regulations, such for example, as per- 

 mitting in some states the shooting of bobolinks. But 

 the regulations, as a whole, are so far superior to the 

 majority of individual state laws that all true conserva- 

 tionists rejoice in their enactment. 



By this McLean Law, the country is divided into 

 two zones : the breeding zone and the wintering zone, 

 and an open season is established for each, making such 

 exceptions in difl:'erent states as have been found neces- 

 sary by variations in flight lines, times of migration, etc., 

 effort being made to give each district an equal amount 

 of shooting during the period when the birds can best 

 stand it. Insectivorous birds are protected throughout 

 the year, the smaller species of shorebirds are removed 

 from the game list and certain species that are nearing 

 extinction are given absolute protection for a term of 

 years. No provision is made, however, for federal pro- 

 tection of such birds as the gulls and terns, grebes, herons 

 and egrets which are so much in need of it, or for the 

 little song sparrows, buntings, goldfinches, and horned 

 larks whose food is largely the seeds of weeds rather 

 than insects. There is still something to be done. 



The McLean Law went into efi'ect in October, 1914, 



continuing in force through 1915 and, with slight revision, 

 is being enforced in 1916. Effort has been made, how- 

 ever, to destroy the effect of the law by cutting out any 

 appropriation to enforce it, but the friends of the Bill 

 have managed to secure $50,000 each year, a rather mea- 

 ger amount when one stops to consider the vast area of 

 the LInited States and Alaska, for it allows of but one 

 paid inspector for several states. 



But the grave danger which presents itself is not so 

 much the lack of appropriation, severe as that is, as in 

 the fact that the constitutionality of the law itself has 

 been questioned. One of the earliest cases that came 

 up was that before a District Judge, in Arkansas, of a 

 man who had killed some birds in violation of the Mc- 

 Lean Law. In handing down his decision, Judge Trieber 

 declared that there was no provision in the Constitution 

 of the United States upon which the McLean Law could 

 be based and it was, therefore, unconstitutional and could 

 not be enforced. The case was taken to the Supreme 

 Court where it now rests and from which a decision is 

 expected some time this fall. In the meantime, the law 

 has been enforced elsewhere and declared constitutional 

 by other District Judges, and, strengthening it still fur- 

 ther, a treaty with Canada along the same lines has been 

 ratified by both Houses, signed by the President and 

 awaits only the signature of King George. When the 

 treaty goes into force and the McLean Law is either 

 declared constitutional or an amendment made to the 

 Constitution by which it may stand, there will remain only 

 the matter of sufficient appropriation in order to put the 

 United States in lead of the world in matters of bird and 

 game conservation and guarantee to future generations 

 the blessings which our forefathers enjoyed and the re- 

 sources which have heretofore been so ravished. 



In reviewing the history of what is perhaps the 

 greatest stride that conservation has ever taken, one can- 

 not but admire the altruistic labors of those who have 

 devoted their time, their energy and their funds to the 

 great undertaking. The National Association of Audu- 

 bon Societies, The American Game Protective and Prop- 

 agation Association, The Campfire Club of America, 

 The New York Zoological Society, The Boone and Croc- 

 kett Club, The National Federation of Women's Clubs, 

 The Long Island Sportsmen's Association, and numerous 

 other organizations and thousands of individuals all over 

 the country, have worked untiringly, not only upon the 

 Bill but upon educating the country at large so that it 

 would react through Congress and bring about the result 

 that has been so happily achieved. The eyes of the 

 nation now turn toward the Supreme Court awaiting the 

 decision that will announce whether the victory has been 

 won or whether it will be necessary to postpone the 

 enforcement of the law until a constitutional amendment 

 can be made. But in the larger sense the victory has 

 been won, regardless of the decision, because the country 

 is awake. It knows the value of birds and the necessity 

 for conservation. Laws mean nothing until they are 

 obeyed, and an enlightened public sentiment is worth 

 more than all the officers of the law. 



