xl INTRODUCTION 



non-game birds, and the few injurious species are mentioned by 

 name. Such a division provides for all the birds, leaves no ambigu- 

 ity as to which may be killed as game, and defines each group in 

 the simplest and most satisfactory manner. A game law framed on 

 this basis has been adopted with excellent results in some states, 

 but in the west is still an ideal toward which to work rather than 

 an accomplished fact. California, Colorado, and Nebraska have 

 excellent laws for game birds, but they do not provide equally well 

 for insectivorous species. Nevada, New Mexico, and Wyoming 

 have comprehensive statutes for non-game birds, but do not afford 

 complete protection to all their game birds. 



Game Birds. Experience has shown that a modern game law 

 must do much more than merely prohibit the killing of certain spe- 

 cies at stated times. It must regulate methods of hunting, restrict 

 shipment and sale, and also prescribe means for carrying its pro- 

 visions into execution. It should contain the declaration that all 

 wild birds and animals are the property of the state. This fact, 

 based on the decisions of the highest courts, is now generally ac- 

 cepted, but it is well to have it incorporated in the law, as is the 

 case in the game laws of Colorado, Texas, and other states. Next in 

 importance is a comprehensive definition of game birds like that 

 given above. Another important point not fully appreciated is that 

 a law which prohibits killing certain species is much less effective 

 and permanent than one which simply permits, by declaring that it 

 shall be unlawful to kill or have in possession ' any birds except as 

 hereinafter provided.' This simple statement renders the law to a 

 certain extent automatic, since all birds will be protected until pro- 

 vided with an open season. Changes in season, the bane of game 

 legislation, cannot be made so readily without attracting attention, 

 and if,- as often happens, a proposed change in season fails of enact- 

 ment, the species is left with complete protection instead of being 

 without protection as under the old method. Little need be said as 

 to seasons except that they should conform as nearly as possible to 

 those of adjoining states. With improved guns, smokeless powder, 

 and other modern appliances for hunting, no state can afford to 

 maintain an open season from the time the birds are mature until 

 they begin to breed the following year, for no species can withstand 

 such an ordeal and not be locally exterminated in a few years. Open 

 seasons are constantly growing shorter, and as they undergo change 

 should be shifted to correspond more and more closely with those of 

 other states. Above all, spring shooting should be abolished, and 



