35 



These doves, like the pigeons, once roamed over a large part of the 

 continent, but never congregated in such large flocks, and, unlike 

 the pigeon, they soon become gun-shy wherever they are hunted, 

 although very tame where protected. They have thus escaped the 

 fate of the pigeons, and a few are still found breeding in Massachusetts, 

 wdiile in tlie fall small flocks may be seen occasionally. They resemble 

 the wild pigeon, except for their smaller size, and are often mistaken 

 for it. There seems to have been no attempt to protect them until 

 1879, when they were presumably includecl in chapter 209 among 

 the "other undomesticated birds, except birds of prey," etc., not to 

 be killed at any time. This, however, gave them scarcely any im- 

 munity, as they were mistaken for wild pigeons, and are still shot by 

 gunners when opportunity offers, notwithstanding the fact that a 

 provision inserted in chapter 414, Acts of 1905, specificallj^ protects 

 them at all times. 



Non-game Birds. 



The Indians did not kill small birds, nor did the settlers disturb 

 them. So long as deer, turkey, grouse, wild fowl and shore birds w^ere 

 abundant the smaller game birds, the herons and other fish eaters, 

 and the song birds were safe from molestation by man. But in the 

 first half of the nineteenth century, v/hen the larger game grew rare, 

 gunners and boys began shooting woodcock, snipe, robins and larks, 

 and the act of 1818 was found necessary to protect these birds in the 

 breeding season. From that time complaints appeared periodically 

 in the press regarding the conduct of boys who shot small birds. 

 Within the past twenty years immigrants from Italy have become 

 very destructive to song birds. Until recent years there has been no 

 provision protecting the eggs of birds. The gunners and eggers had 

 driven away most of the sea birds from their breeding places along, 

 the coast, and the business of procuring the eggs of birds for collectors 

 had assumed considerable proportions. Finally, in 1869, the taking 

 or killing of all undomesticated birds not otherwise protected, except 

 hawks, owls, crows, jays and gulls, and the taking of birds' eggs, 

 except those of the birds above mentioned, was prohibited, but a 

 proviso was inserted allowing the killing of birds or the taking of eggs 

 under permit for scientific purposes. This tended to limit the work 

 of the professional egg collector, but it failed to protect the gulls and 

 - terns, the plumage of which was eagerly sought by the milliners. Many 

 thousands of these birds were killed on their breeding grounds and 

 the young left to starve. 



At last, in 1879, when the diminution of these birds had become 

 painfully evident, partial protection was given the birds by establish- 

 ing a close season between May 1 and September 1. In 1881 the 

 season w^as shortened. In 1886 it was extended, and so on. 



Finally, in 1901, the smaller gulls and the terns were protected 

 by law at all times. The terns of ^Massachusetts undoubtedly would 

 have been exterminated long before that time but for the efforts of 

 Mr. Geo. H. Mackay and his associates in securing protection for 

 them on their breeding grounds on iluskeeget and Penikese islands. 

 In the meantime, the least tern or sea swallow was nearly exterminated 

 from Massachusetts. An open season on the larger gulls was main- 

 tained until 1907, although every other Atlantic coast State which 

 they inhabit had previously passed laws protecting them at all times. 



Herons and bitterns never had any specific statutory protection 

 in this State until 1903, when the great blue heron had been virtually 

 driven out of the State as a breeder, and was rarely seen except during 



