8 



THK OOLOGIST. 



of the concern how he kept "right" 

 with the powers that be. 



He said "Oh, we got a certificate." 



"But," I said, "The certificate only 

 gives you permission to collect. It 

 does not state that you can buy and 

 sell commercially. If it really be a 

 violation of the law to sell these skins 

 I cannot see that the certificate pro- 

 tects you in any way." 



"Oh," he said, "We don't have any 

 trouble over that." 



He is a prominent politician, an 

 Alderman representing _ the party in 

 control in the state. 



Could that possibly have anything 

 to do with it? 



A short time ago an enthusiastic 

 'bird man said, to me, while speaking 

 of a certain colony of breeding Wood 

 Duck, one of the very few colonies 

 left in Western New York: "You see 

 those fellows," pointing to two men; 

 "Well, they spend a lot of time fishing 

 in that swamp, and if you happen to 

 be close enough you will hear the re- 

 port of a gun every now and then. 



"I am satisfied that they are shoot- 

 ing the Wood Duck when they get a 

 chance. I could catch them at it, but 

 they would watch me days, nights 

 and Sundays for a chance to hit back 

 at me. 



"If I take a bird or a set of eggs 

 while following up my bird studies I 

 am branded as an outlaw." 



This same party, when he had a 

 permit, considered three sets of eggs 

 from as many different pairs of birds 

 as a satisfactory season's work, and 

 would have disdained to take any- 

 thing he did not need in his studies. 



I honestly believe that the present 

 restrictive policy in several states is 

 preventing the co-operation of the 

 most energetic and effective class of 

 bird protectionists we had. 



They were for bird protection for 

 love of the birds in their native en- 

 vironment, and did not need the lure 

 of a possible fine or the fear of losing 

 their position to drive them into the 

 field. 



The National "Lacy Act," covering 

 these matters states that its provis- 

 ions shall not effect material for sci- 

 entific purposes. 



Why should the states refuse to 

 recognize a principle passed upon as 

 tenable by the nation? 



A vear ago New York added two 



new features to the game law, and we 

 have had a season's experience un- 

 der their provisions. 



First the 'Gun License Provision: 



One point I would call attention 

 to. By provision of the Penal Code 

 of the State, it has been, for some 

 years, illegal for any alien to carry 

 firearms .of any description, and this 

 had practically stopped the horde of 

 Italians who wandered over our fields, 

 ostensibly hunting woodchucks, but in 

 reality shooting about every bird or 

 small mammal they came to. Sec. 

 242 (See Art. XIII of last Game Law), 

 states that nothing in said law shall 

 be construed as repealing any part of 

 the Penal Code. 



Section 104 states that the Town 

 Clerk shall issue a license to any alien 

 on payment of a fee of $20.60, allow- 

 ing him to hunt with firearms any- 

 where in the state.- 



Has New York state gone in to the 

 "Gold Brick" trade? 



Owing to the lack of definiteness 

 of certain sections of the law there 

 have been many unpleasant compli-' 

 cations. Many hunters failed to un- 

 derstand that no state license could ■ 

 set aside the owner's right of domain, 

 or excuse deliberate trespass on post- 

 ed grounds, or when ordered off. 



The section creating an open sea- 

 son for Pheasants was so worded that 

 the majority thought the hen birds 

 were not protected at all, and one 

 dealer in sportsmen's supplies in 

 Rochester issued game cards so word- 

 ed. When I remonstrated with them 

 they stoutly contended that the law 

 admitted of such a construction. 



The County District Attorney final- 

 ly published an opinion that cleared 

 up the ' point, but not until hundreds 

 of hen Pheasants had been sacrificed 

 during the first two days of the open 

 season in violation of the law. 



One party of two hunters I know of 

 personally, killed seven hen birds and 

 three cocks during the first two days. 



Owing to the fact that the past un- 

 usually dry season was very favorable 

 to the young Pheasants they increas- 

 ed beyond all records, and there are 

 prcbalDly enough left yet to insure a 

 reasonable increase next season un- 

 der favorable conditions, but an un- 

 favorable, wet, cold season, followed 

 by such persecution as they were sub- 



