Manchester Memoirs, Vol. Ixvi. (1921) 7 



men, are frequently more ignorant than the constabulary. 

 There are of course magistrates and magistrates, and we cannot 

 expect that all should at sight be able to tell the difference 

 between a protected and unprotected bird, but that is no excuse 

 for doubting the word of a constable. I have in mind one 

 local case. A bird-catcher was summoned for trapping pro- 

 tected redpolls, and his defence was that the birds were not 

 redpolls but "jitties" ; the constable, a Cheshire man, asserted, 

 quite correctly, that jitty was a local name for the redpoll, but 

 the magistrate, somewhat sharply, demanded how he knew, 

 gave the accused the benefit of the doubt and dismissed the 

 case. Can we expect that that olificer would again expose 

 himself to unjustifiable ridicule ? 



It is, as was shown, possible to ride roughshod through 

 the existing Acts, but many constables, by bluff alone, have 

 carried out the meaning and intention of bird protection, 

 though they were aware that strict adherence to the letter of 

 the law would have spelt failure. In other cases the law has 

 been upheld by public interest and agitation ; those in 

 authority were quick enough to feel the popular pulse, though 

 personally they cared nothing about birds. 



Looking back at 50 years of struggle to legislate on behalf 

 of wild birds we see some strange examples of the futility of 

 human efforts, and some curious and unexpected results upon 

 our fauna. To no man, perhaps, does bird protection owe 

 more than to the late Professor Newton. He was a rare type 

 of philosophical ornithologist, and largely to his determination 

 was due the first really unselfish legislation on behalf of wild 

 birds — the Sea Birds' Protection Act of 1869. There were 

 earlier protective measures — -indeed they date back to mediaeval 

 days, but in every other case the Acts were tainted by personal 

 interests, and partook of the nature of game and forest laws ; 

 the bittern, heron, duck or other bird was protected in order 

 that some privileged few might destroy it; the peregrine, 

 hobby, and merlin were not to be exterminated, for they were 

 required by certain noble sportsmen for hawking. Other laws 

 were openly intended to prevent trespass ; only those in high 

 places might kill, might enjoy blood sports. 



Newton, though no sentimentalist, was touched by the suffer- 

 ings of the sea fowl. To the big breeding stations, especially 

 those of Flamborough and Speeton, excursion trains were 

 run in the nesting season from London, and, to our shame, 

 from Manchester and other Lancashire centres; these trains 

 were filled not with ornithologists but with '' sportsmen," 

 who shot the trusting fowl when they refused to leave their 



