12 LEGISLATION FOE THE PROTECTION OP BIRDS. 



section 4 of chapter 276 of the acts of the year 1886, or wears such 

 feathers for the purpose of dress or ornament, shall be punished [by a 

 fine of $10J as provided in said section." 1 This act was promptly 

 tested in the courts and declared unconstitutional. It was, however, 

 amended by the legislature in the following year, although the new 

 law did not go into effect until April 1, 1899. The words ' whether 

 taken in this Commonwealth or elsewhere' were inserted after -'1886,' 

 and another clause was added which excepted from the provisions of 

 the act nonresidents passing through or temporarily dwelling within 

 the State. 8 Maryland also declared in 1898: "No person shall under 

 like penalty [$1 to $5] have in his or her possession, offer for sale or 

 wear, the skins, plumage, wings, or feathers of any of the birds, the 

 catching or killing of which is prohibited by this section." 3 Recently 

 New York has incorporated in its game law a millinery clause, which 

 provides that " no part of the plumage, skin, or body of any bird pro- 

 tected by this section shall be sold or had in possession for sale." 4 



Federal legislation restricting interstate commerce in birds for milli- 

 nery purposes has also been advocated, and a bill designed to accom- 

 plish that purpose was passed by the Senate at the last session of 

 Congress, but failed to become a law. (See p. 49.) 



It has been proposed that, as a means of increasing interest in bird 

 study, the schools observe a special ' Bird Day ' each year. This sug- 

 gestion has met with considerable favor. A ' Bird Day ' celebrated 

 with appropriate exercises, similar to and often united with those of 

 Arbor Day, has now become a regular feature of the school calendar 

 in several States, and in some has been recognized by law. "Wisconsin 

 in 1897, and Minnesota and Connecticut in 1899, legally established a 

 combined Arbor and Bird Day. (See p. 90.) 



It is interesting to notice that protective legislation in America has 

 followed much the same lines as in England. The English law origi- 

 nally protected game only. The birds regarded as such were pheasants, 

 partridges, grouse, heath or moor game, black game, and bustards (1 

 and 2 Will. IV, c. 32). In 1869 protection was extended to sea birds 

 between April 1 and August 1, and in 1872 to wild fowl between 

 February 15 and August 1. A few years later all birds were protected 

 between March 1 and August 1 by the ' Wild birds protection acts' 

 of 1880-81 (43 and 44 Vict., c. 35; 44 and 45 Vict., c. 51). Finally in 

 1894 another act was passed enabling the secretary of state, upon 

 application of a county council, to prohibit the taking of eggs of any 

 wild bird either in the county or in certain areas within it. 5 



1 Acts of Massachusetts, 1897, chap. 524, p. 561. 



2 Acts of Massachusetts, 1898, chap. 339, p. 275. 



3 Laws of Maryland, 1898, chap. 206, sec. 15h, p. 711. 

 ''Laws of 1900, chap. 20, sec. 33. 



6 J. E. Harting, Encyclopaedia of Sport, I, p. 447, 1898. 



