6 Yearbook of the Department of Agriculture. 



quite incapable of effective enforcement, but it exerted a 

 wonderful influence upon the public mind, and its passage 

 laid the first real foundation for the actual preservation of 

 our migratory birds. 



The regulations adopted under this act enjoined spring 

 shooting throughout the United States, and the extent of 

 their observance is a splendid tribute to the sportsmen of the 

 country. Fully 95 per cent of the sportsmen abided by this 

 mandate and refrained from hunting during the closed sea- 

 sons. The result was almost instantaneous. Waterfowl and 

 other migratory game birds at once not only showed a 

 marked increase in numbers, but, owing to the cessation of 

 spring shooting, remained unmolested in ever-increasing 

 numbers to breed in places from which formerly they had 

 been driven every spring by incessant shooting. At the end 

 of the 5-year period during which this law was in opera- 

 tion, State game commissioners, leading sportsmen, and con- 

 servationists were practically unanimous in their expression 

 that wild fowl were more abundant than at any time in the 

 25 years preceding, and in attributing this increase to the 

 abolition of spring shooting and the general observance of 

 the Federal statute. 



The very marked improvement in conditions under this 

 law instilled a new spirit- into sportsmen and showed the 

 wonderful possibilities under a Federal law broad and com- 

 prehensive enough not only to protect the birds during the 

 mating and breeding season, but to equalize hunting privi- 

 leges and opportunities by removing the incongruities still 

 existing under State laws. 



The constitutionality of the law was attacked in the 

 courts, but before it was passed upon by the United States 

 Supreme Court the law was repealed by the enactment of 

 more effective legislation in 1918. The constitutionality of 

 the law of 1913 thus became a dead issue and 011 motion of 

 the Attorney General the appeal in the case 1 was dismissed 

 on January 6, 1919. In its action the court did not pass 

 upon the constitutionality of the law and this, now remains 

 a moot question. 



1 United States vs. Harry Shauver. 



