BUREAU OF BIOLOGICAL SURVKY. i\i\f) 



resulted in the apprehension of 160 violators. Of this number 118 

 have been prosecuted and fines ranging from $5 to $20 imposed, as 

 follows: Alabama, 17; Georgia, 49; Mississippi, 20; and Tennessee, 

 H2. The remaining cases are still pending. 



The mourning. Carolina, or turtle dove, is a migratory bird com- 

 ing within the protection afforded by the migratory-bird treaty and 

 the act of Congress to give it effect, even though individuals of the 

 species remain within the borders of certain States the entire year, 

 according to a decision rendered in the case of United States against 

 Joseph H. Lumpkin, brought to trial at Athens, Ga., November 14, 

 1921, before Federal Judge S. H. Sibley and a jury. The defend- 

 ant, who was charged with killing mourning doves during the Fed- 

 eral close season, contended that the birds which he had killed had 

 not migrated, but had remained in Georgia the entire year, and for 

 this reason were not covered by the Federal statute. The court held 

 as a matter of law that the mourning dove is protected by the 

 migratory bird treaty act and regulations and instructed the jury 

 that the only question of fact to be decided by it was whether the 

 defendant actually killed mourning doves in the close season as 

 charged in the indictment. The trial, which consumed two days and 

 attracted widespread attention, resulted in a verdict of guilty and 

 the imposition of a fine of $25 and costs. 



A large number of seizures were made of migratory game birds 

 illegally killed or possessed, and most of these were disposed of by 

 the bureau, with consent of the accused, by gift to hospitals or 

 charitable institutions for use as food. Contraband plumes and 

 mounted specimens of migratorv birds of an estimated value of $2,000 

 were seized durir-Ti- f]^e year. Many of these specimens were formally 

 released to the bureau to be used for scientific and educational 

 purposes. 



Many violations of State game laws were observed during the 

 year by Federal wardens, who transmitted the evidence in regard 

 thereto to proper State game officials for prosecution, and informa- 

 tion received to date shows that 94 such cases have been successfully 

 prosecuted, netting fines totaling $3,436. 



The wardens also conducted an educational campaign to enlighten 

 the public concerning the provisions of the Federal game laws and 

 their objects and purposes. In three instances wardens were as- 

 saulted by violators while attempting to perform their duties, and 

 in one case the warden was overpowered by three violators and 

 relieved of his pistol and badge. 



PEKMITS. 



During the year, 952 permits were issued authorizing the collecting 

 of migratory birds, nests, and eggs for scientific purposes. More 

 than half of these were limited permits, confining operations to the 

 collection of nongame birds and of shorebirds during the open sea- 

 son for black-breasted and golden plovers and grenter and lesser 

 yellowlegs. The issuance of these limited permits was authorized 

 by an amendment of regulation 9 of the migratory-bird treaty act 

 regulations adopted March 8. 1921. Reports from the permittees 

 shov,' that approximately one-third of thom collected no birds, nests, 

 or egiTS whatsoever during tlie year. A large number of others col- 



