8 Massachusetts Audubon Society 



MOURNING DOVE A MIGRATORY BIRD, COURT DECIDES 



The mourning dove, known in some localities as the Carolina or turtle 

 dove, is a migratory bird coming within the protection afforded by the 

 Migratory Bird Treaty and the Act of Congress to give it effect, although 

 individuals of the species remain within the borders of certain States the 

 entire year. This decision was rendered in the case of the United States 

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

 before Federal Judge S. H. Sibley and a jury. 



The defendant, who was charged with killing mourning doves during 

 the Federal 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 case, which attracted 

 widespread attention, was attended by prominent attorneys of Georgia. 



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 indict- 

 ment. The trial consumed two days and resulted in the jury returning a 

 verdict of guilty, and the imposition of a fine of $25 and costs. ■ 



HELPING THE FLEDGLINGS 

 Dear Mr. Packard: 



I wish to tell your readers of a method I have used successfully in 

 saving the lives of young birds who have been scattered from the nest and 

 are unable to fly. Tie through the top band of a half-bushel peach-basket 

 a strong cord or small rope forming a handle. By another strong cord 

 fasten it well out on the branch of a tree too small for a cat to climb and 

 run a perching stick through over the middle band. The parent birds are 

 attracted by the babies' cries and the wide opening makes it easily accessible 

 for them to fly down with food. Soon the little ones gain strength to get 

 on the perch and from that find their way out when able to fly. 



Mary R. Stanley, 28 Ash Street, North Attleboro. 



MOVING THE PHCEBES 

 During the summer of 1920, a pair of phoebes nested on a beam of our 

 cottage piazza. For obvious reasons the nest was taken down, and placed 

 at first on the piazza railing. Although it was in plain sight, the old birds 

 could not find their brood when they returned, but searched the old nesting- 

 place in distress. The nest was replaced and the four birdlings fed, and 

 was again removed with a similar result. The babies at last showed signs 

 of suffering, so I gave them water with a medicine dropper, which revived 

 them. Finally I took a low stepladder and tied branches to the top, and 

 then placed the nest upon one of the steps. Immediately the old birds flew 

 to the nest and began to feed the babies, and continued to do so, until they 

 left the nest. They proved to be a neat family, but in this way we could 

 watch and control conditions if they became annoying. We moved the steps 

 from place to place, the old birds not minding. The mother brooded the 

 nest at night. One morning she found that the nest was in the bright sun- 

 shine, so she sat on the edge and spread her wings to shade it. When we 

 moved the steps into the shade she no longer kept this position. It was an 

 interesting experience for us, and may give a suggestion to others. 



Carrie J. Allison, Center Lovell, Maine. 



