APPEXDIX III. 



SOME FUNDAMENTAL PRINCIPLES OF BIRD LAWS. 



BY T. S. PALMER. 



Adequate laws necessarily form the foundation of effective 

 bird protection. But it is not enough merely to enact laws : they 

 must be enforced and doubtful points must be settled by the 

 courts. The bird laws of the United States, usually called game 

 laws, are of two kinds (a) State or local laws and (b) Federal 

 laws. 



State laws prescribe the kinds of birds which may or may not 

 be killed, the time and manner in which they may be taken, 

 and the purpose for which they may be captured. Thus the 

 Illinois game law defines game-birds and prohibits the killing 

 of other birds at any time. In providing for game it fixes a 

 definite season for shooting quail and ducks, but forbids the kill- 

 ing of ducks at any season from a sail-boat, with a swivel gun, 

 or after sunset ; furthermore it declares that it shall be unlawful 

 to capture quail in the State for sale or ship to other States ex- 

 cept under license. In all these matters the State is supreme and 

 violations of its laws are tried in the State courts. 



The Federal law, commonly known as the Lacey Act, or the 

 Act of May 25, 1900, deals merely with the shipment of birds 

 from one State to another and the importation of birds from 

 foreign countries. It is general in its provisions and does not 

 mention special birds, but, nevertheless, supplements the State 

 laws very effectually. Thus if a State prohibits the killing of 

 any particular bird, the shipment of the bird out of that State 

 is an offence under the Federal law, and the shipper, carrier, and 

 consignee, each or all, may be prosecuted in the United States 

 courts. 



Some of the principles on which these laws are based may be 

 stated very simply as follows : 



323 



