﻿The Audubon Societies 



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"The Legislature of New York cannot 

 safely, on political grounds, repeal a wise 

 and beneficial statute in order to help carry 

 a district. Game laws are economic meas- 

 ures, and all legislators should join in giving 

 the state the best. The present wild-fowl 

 law is scientifically and economically cor- 

 rect and should not be altered: If it is, the 

 best interests of the state will be sacrificed." 



This shows how largely politics sometimes 

 enters into the subject of game protection, 

 which is positively <wrong, as the preserva- 

 tion of birds and game should appeal to all 

 legislators, irrespective of political affilia- 

 tions. The Burr bill was killed in the 

 Assembly, although it passed the Senate. 

 Two local bills were also killed, one to 

 permit duck-shooting in the spring on the 

 Niagara River, and also a bill to permit 

 snipe-shooting in the spring in four of the 

 southwestern counties of the state. The 

 most important bill that was defeated was 

 the one referred to in April Bird-Lore, 

 page 78. The history of this bill is so 

 important that it is given in some detail as 

 a matter of historical record. 



The bill was originally introduced by 

 Assemblyman Young, of New York City. 

 On receipt of a copy, the Game Commission 

 of the state was requested to notify the New 

 York Audubon Society of the date when a 

 hearing on the bill would be held, in order 

 that they might appear to oppose it. 



This was supposed to be sufficient notice 

 of the intent ot- the Society, but it was dis- 

 covered some weeks later that a hearing on 

 the bill had been held without notice to the 

 Audubon Society. There were present at 

 the hearing, only persons interested in the 

 passage of the bill, together with the presi- 

 dent of the Game Commission and the 

 Attorney General of the state. The result 

 of the meeting was that the original bill was 

 withdrawn and a new bill was introduced by 

 the Committee of Fisheries and Game, as 

 follows: 



"AN ACT 

 To amend the forest, fish and game law relative 



to certain varieties of imported European 



birds, by adding a new section to be known 



as Section thirty-eight-a." 



" \ 38-a. Black cock, rebhubner, red leg, lapwing, 

 Egyptian quail— Black cock, rebhubner. red leg, lap- 



wing, Egyptian quail, if imported from a European 

 country, may be possessed and sold under regulations 

 as herein contained and not otherwise. No person 

 shall possess, sell, or offer for sale, any of such birds 

 except with the feathered head and feet on, nor until 

 he shall have given a bond to the people of the state 

 of New Yo k, as provided in this section. The bond 

 shall be for a specified time and shall continue in 

 force during that time unless sooner disapproved by the 

 commissioner of forest, fish and game for breach of its 

 condition or failure of sureties. Such bond must be 

 approved by the commissio er as to its sufficiency and 

 form, and be filed in the office of the forest, fish and 

 game commission, and shall be conditioned that the 

 birds intended to be possessed have in fact been im- 

 ported from a European country; that the person 

 bonded shall not possess, sell or offer for sale such 

 birds or either or any of them except with the feath- 

 ered heads and feet on; that he will not violate any 

 provision of the forest, fish and game law. and it shall 

 contain such other conditions as to the inspection of 

 books, papers and premises and of the production of 

 evidence by way-bill, bill of lading or otherwise, as 

 the commissioner may require. A breach of any pro- 

 vision or condition of the bond shall, in addition to 

 other penalties, work a forfeiture to the people of the 

 state of New York of the amount named therein as the 

 penalty thereof, which said sum shall be considered 

 as liquidated damages, and the privilege of giving any 

 other bond under this section, may at the option of the 

 commissioner be denied to the person so bonded. The 

 burden of proving that the birds are possessed within 

 the meaning and provisions of this section shall be 

 upon the possessor, and no presumption that such 

 birds are po sessed lawfully within this state shall 

 arise in any proceeding before any court, justice or 

 magistrate, until it affirmatively appears that the pro- 

 visions of this section have been complied with." 



The Audubon Society immediately took 

 the matter up with the chairman of the 

 Assembly Fish and Game Committee, and 

 insisted upon another hearing at which the 

 opponents to the bill might be heard. This 

 hearing was held at the Capitol on March 

 27. Among those present were Mr. F. M. 

 Chapman, who represented the American 

 Museum of Natural History, and Dr. T. S. 

 Palmer, of the Biological Survey, Depart- 

 ment of Agriculture, who was present by 

 the invitation of the New York Audubon 

 Society. The League of American Sports- 

 men was also represented, as well as several 

 of the game-protective associations from the 

 central and western part of the state. Sena- 

 tor Brown, of Watertown, and Assembly- 

 man Price, of Brooklyn, were also present, 

 together with the Chairman of the Law 

 Committee, of the New York Society. 



Objections to the bill were presented in 



