126 THE NATURALIST'S GUIDE. 



met with it but once, on June 1, 1869, in a swampy 

 thicket ; it was very shy. I heard no note. 



110. Empidonax minimus, BAIRD. Least Fit/- 

 cat Jier. Common summer resident. Breeds. Arrives from 

 April 22d to May 5th ; leaves about the middle of Septem- 

 ber. Seen everywhere. Specimens differ in the intensity 

 of the olivaceous green upon the back ; those which are 

 found in the woods are much darker than those which in- 

 habit the orchards or straggling trees, these being often 

 quite gray. They are also exceedingly variable in size. 



117. Empidonax flaviventris, BAIRD. Ydlow-hd- 

 lied FljMtJttr. On May 31, 1869, I shot the first speci- 

 men I had ever seen living; the next day (June 1st) I 

 took eight of both sexes in a few hours ! Between this 

 time and the 10th I took two or three more. I do not 

 doubt that it has occurred in previous seasons, but, being 

 unaccustomed to its low note, which is like the syl- 

 lable Pea very plaintively and prolongedly given, and 

 its retiring habits, I had not detected it before. The 

 specimens captured were all, with the exception of the 

 first, which was shot on a tall oak, taken in low, 

 swampy thickets. It keeps near the ground, is rather shy, 

 and upon the appearance of the 'intruder instantly ceases 

 its song. "Shot a specimen on May 25, 1869, in Water- 

 town, singing, with its peculiar note, in an apple-tree. I 

 have shot the female singing in the same manner, in Au- 

 gust, 1867, in Franconia, New Hampshire. The only note 

 I ever heard was the low Pea" * 



I have yet to hear the "pleasing song" attributed to 

 this species and other members of the genus. I think 

 that the anatomical structure of the throat and larynx is 

 not of the complicated character seen in singing-birds ; and 

 therefore consider it a physical impossibility for members 

 of this genus to produce a variety of melodious notes. 

 * MS. Notes of W. Brewstcr. 



