156 DEPARTMENTAL REPORTS. 



mens of the mongoose in the United States, except a few in confine- 

 ment in zoological gardens. A strict enforcement of existing regula- 

 tions should effectually prevent the entrance of this or any other pest. 



INTERSTATE COMMERCE IN BIRDS KILLED OR POSSESSED IN 

 VIOLATION OF LOCAL LAWS. 



During the year numerous cases of violation of game laws have been 

 called to the attention of the Department, of which 57 have received 

 careful investigation. Of those taken up, 8 resulted in conviction, 1 

 33 are awaiting action by the courts, 8 are still in the hands of the 

 Department awaiting further evidence, and 8 have been dropped for 

 want of evidence. These cases originated in 12 States and Territories, 

 viz, Arkansas, Indiana, Indian Territory, Iowa, Kansas, Maryland, 

 Missouri, New Jersey, Oklahoma, South Dakota, Tennessee, and Texas, 

 and involved the seizure of 11,940 quail, 974 prairie chickens, 387 

 miscellaneous game, and 2,608 plume birds, or a total of nearly 16,000 

 birds. Of the 41 cases acted upon by this Department, 14 were referred 

 to local authorities and 27 were transmitted to the Department of 

 Justice for prosecution in the Federal courts. As a rule, the causes 

 of action have arisen through shipment of birds killed in violation of 

 local laws, and the large proportion of cases still undisposed of at the 

 close of the year is due to the fact that in most instances attention 

 was not called to the offenses until several months after they were 

 committed ; moreover it frequently happened that the most important 

 fact — the shipper's name — was unknown, and the Department was 

 called upon to assist in obtaining the necessary evidence, often a very 

 slow and tedious process. 



The aid of the Department has been sought in connection with the 

 enforcement of the provisions against illegal shipment of game to a 

 greater extent than was anticipated. Such aid has been freely ren- 

 dered, though it has been the aim to confine action merely to supple- 

 menting the efforts of local authorities, and to refer cases to State 

 authorities for action, whenever possible. The provisions of the law 

 are such that violation of the Federal statute necessarily involves a 

 previous violation of a local law, and it is possible, therefore, to pros- 

 ecute cases either in local or Federal courts. Whenever conditions 

 have been favorable to success in State courts, or the evidence in the 

 hands of the Department has been such as could be used in a prose- 

 cution in such courts, the case has been promptly turned over to local 

 authorities; otherwise it has been referred to the Department of 

 Justice. 



In this connection mention should be made of the cordial coopera- 

 tion of Federal and State officers, as well as railroad and express com- 

 panies, game protective associations, and various individuals. These 

 have rendered every assistance in their power in the enforcement of the 

 Federal law. Important aid has been received from the State game 

 commissioners or wardens of Illinois, Iowa, Maine, and Michigan, by 

 the American, Pacific, United States, and Wells Fargo Express com- 

 panies, and by the Game and Fish Protective Association of Maryland, 

 the League of American Sportsmen, and the American Ornithologists' 

 Union. 



1 Three of these convictions have been obtained since July 1, 1901. Mention 

 should also be made of five other convictions secured in the State courts of Iowa. 

 In these cases the birds were seized in transit and the evidence was referred by 

 the deputy United States marshal directly to the State game warden for action. 



