70 BIRDS OF KANSAS. 



son holding such a license, who uses it as a shield against prosecution for illegal or 

 indiscriminate slaughter of birds for any and all purposes, is successful only to such 

 extent as the ignorance or apathy of the community among which his misdeeds are 

 committed happen to give him immunity. The fault is not in reality chargeable to 

 the law, or the system permitting the granting of certificates for scientific collecting. 

 In this matter, as in all else relating to bird destruction, all that is necessary to pre- 

 vent abuses is a proper comprehension of the laws relating to the subject, and a 

 public sentiment not only favorable to their enforcement, but watchful against any 

 infringement of their provisions. 



With a desire to bring about more intelligent, uniform and desirable legislation 

 for the protection everywhere, and at all times, of all birds not properly to be re- 

 garded as game birds, the American Ornithologists' Union Committee on bird pro- 

 tection have had under careful consideration a draught of a bird law, drawn with 

 special reference to its fitness for general adoption throughout the United States 

 and the British Provinces, and with regard to just what birds should be so protected. 

 It is intended as a guide or model, which may serve as a basis for legislation. From 

 its pertinence in the present connection, it is given below in full. Possibly some 

 additional provisions may still be desirable, relating especially to the designation of 

 certain officers to secure its strict observance, the amount of the fine, and whether 

 or not a part of the fine should go to the complainant; features, however, that doubt- 

 less may be safely left to legislative discretion. 



AN ACT FOR THE PROTECTION OF BIRDS AND THEIR NESTS AND EGGS. 



SECTION 1. Any person who shall, within the State of , kill any wild bird other than a game 



bird, or purchase, offer, or expose for sale any such wild bird, after it has been killed, shall for each 

 offense be subject to a fine of five dollars, or imprisonment for ten days, or both, at the discretion of 

 the court. For the purposes of this act the following only shall be considered game birds: The Ana- 

 tidse, commonly known as swans, geese, brant, and river and sea ducks; the Rallidse, commonly known 

 as rails, coots, mud-hens, and gallinules ; the Liruicolse, commonly known as shore-birds, plovers, surf- 

 birds, snipe, woodcock, sandpipers, tatlers, and curlews ; the Gallinse, commonly known as wild turkeys, 

 grouse, prairie chickens, pheasants, partridges, and quails. 



SEC. 2. Any person who shall, within the State of , take or needlessly destroy the nest or the 



eggs of any wild bird, shall be subject for each offense to a fine of five dollars, or imprisonment for ten 

 days, or both, at the discretion of the court. 



SEC. 3. Sections 1 and 2 of this act shall not apply to any person holding a certificate giving the 

 right to take birds, and their nests and eggs, for scientific purposes, as provided for in section 4 of 

 this act. 



SEC. 4. Certificates may be granted by [here follow the names of the persons, if any, duly author- 

 ized by this act to grant such certificates], or by any incorporated society of natural history in the 

 State, through such persons or officers as said society may designate, to any properly accredited per- 

 son of the age of eighteen years or upward, permitting the holder thereof to collect birds, their nests 

 or eggs, for strictly scientific purposes only. In order to obtain such certificate, the applicant for the 

 same must present to the person or persons having the power to grant said certificate, written testimo- 

 nials from two well-known scientific men, certifying to the good character and fitness of said applicant 

 to be intrusted with such privilege ; must pay to said persons and officers one dollar to defray the nec- 

 essary expenses attending the granting of such certificates; and must file with said persons or officers 

 a properly executed bond, in the sum of two hundred dollars, signed by two responsible citizens of the 

 State as sureties. This bond shall be forfeited to the State, and the certificate become void, upon proof 

 that the holder of such a certificate has killed any bird, or taken the nest or eggs of any bird, for other 

 than the purposes named in sections 3 and 4 of this act, and shall be further subject for each such 

 offense to the penalties provided therefor in sections 1 and 2 of this act. 



SEC. 5. The certificates authorized by this act shall be in force for one year only from the date of 

 their issue, and shall not be transferable. 



SEC. 6. The English or European house sparrow (Passer domesticus) is not included among the birds 

 protected by this act. 



SEC. 7. All acts or parts of acts heretofore passed, inconsistent with or contrary to the provisions 

 of this act, are hereby repealed. 



SEC. 8. This act shall take effect upon its passage. 



