ILLINOIS AUDUBON SOCIETY 7 



An Opinion of Great Significance 



Note: While a combination of circumstances was unfortunately delaying the 

 appearance of this issue of the Bulletin, the following correspondence came to hand, 

 and because of its importance it is printed just as received. The significance of the 

 last sentence is apparent. During the past winter months representatives of the 

 Audubon Society collected advertisements of certain State Street Department stores 

 of Chicago in which aigrettes were offered for sale. These are on file. Possibly our 

 readers know of similar violations of the law quoted below. All such are invited to 

 write to the Secretary of the Society. 



April 22, 1916. 

 Game and Fish Conservation Commission, 

 Springfield, Illinois. 

 Gentlemen: Under date of the 19th inst., Mr. Everett L. Millard, 

 69 W. Washington Street, Chicago, Illinois, submitted the following prop- 

 osition to this department : 



"As a director of the Audubon Society, I inquired of the State 

 Game and Fish Commissioners whether they felt themselves in a 

 position legally to prosecute vendors of aigrettes in Chicago, con- 

 trary, as I look upon it, to the statute. They inform me that they 

 are in doubt as to the law, and that you will give me your opinion. 

 Will you kindly inform me whether, under Section 6 or any other 

 portion of the statute, you consider having possession of or selling 

 aigrettes to be a punishable violation?" 

 In view of the nature of the proposition submitted, I deem it ad- 

 visable to direct my reply to the Game and Fish Conservation Commission 

 and to send Mr. Millard a copy of this letter. 



In answer to the inquiry I will say that said Section 6 of the amended 

 Game act of 1915, laws of 1915, page 450, in part provides: 



"Any person who shall, within the State, kill or catch, or have 

 in his or her possession, living or dead, any wild bird, or part of 

 bird, other than a game bird, English sparrow^ crow, blackbird, 

 blue jay, chicken hawk, cormorant, or who shall purchase, offer or 

 expose for sale any such wild bird, or part of bird, after it has 

 been killed or caught, shall, for each offense, be subject to a 

 fj ne> * * * This section shall not be construed to apply to any 

 part or parts of birds actually used and in the possession of any 

 person as decorations or ornaments." 

 Under this provision of the statute it is provided that this section shall 

 not be construed to apply to any part or parts of birds actually used and in 

 the possession of any person as decorations or ornaments. The exception 

 does not extend to possession of any part or parts of birds to be used as 

 decorations or ornaments but only those parts that have been actually used. 

 The language indicates that the object of the exception was to exempt from 

 fine a private user of such ornaments but not a dealer. 



It is, therefore, my opinion that vendors of aigrettes in Illinois my be 

 prosecuted for selling them or having them in possession for the purpose 

 of sale. Very respectfully, 



P. J. Lucey, Attorney General. 



