42 LEGISLATION FOE THE PROTECTION OF BIRDS 



BIRDS IN CAPTIVITY. 



State laws generally prohibit the trapping, netting, or snaring of 

 birds, for it is well known that a rapid decrease in numbers, amounting 

 almost to extermination in the case of certain species, would speedily 

 follow the wholesale capture which is possible under these methods. 

 Such restrictions, aimed mainly at market hunters, are intended pri- 

 marily to insure the preservation of game birds, but they are often 

 needed to protect some of the smaller song or insectivorous species. 

 In the vicinity of some of the larger cities a regular business is carried 

 on in trapping certain native birds which are in demand for pets or 

 cage birds. Mockingbirds, brown thrushes, bobolinks, cardinals, black- 

 headed grosbeaks, indigo birds, nonpareils, housefinches, goldfinches, 

 and others are captured in large numbers for sale. 



Ordinarily no objection is made to keeping caged birds as pets, 

 although there may be considerable difference of opinion on the ques- 

 tion as regards native birds. 1 But when large numbers are systemati- 

 cally trapped in any locality to supply the trade the practice is very 

 properly condemned, and steps are usually taken to restrict the 

 operations of the bird trappers. 



Some State laws are so worded as to prevent the capture of song 

 birds for purposes of domestication or propagation, and in a few in- 

 stances the matter has been deemed of sufficient importance to warrant 

 making exceptions in favor of owners of captive birds. At least ten 

 States and the Provinces of British Columbia and Ontario have legislated 

 on this point, as follows: 



Alabama: "Nothing herein shall be construed to prevent the keeping of song 

 birds in cages as domestic pets." (Gen. Laws, 1898-99, p. 77, sec. 2.) 



California: " Every person who, in the State of California, shall at any time hunt, 

 * * * take, * * * buy, sell, give away, or have in his possession, except 

 for the purpose of propagation, or for educational or scientific purposes, any Eng- 

 lish skylark, robin, canary, humming bird, thrush, or mockingbird * * * 

 is guilty of a misdemeanor," provided, however, that the right of possession for 

 the purpose of propagation shall first be obtained by a permit in writing from 

 the board of fish commissioners of the State of California. (Penal Code, 1897, 

 p. 216, sec. 626.) 



Iowa: " Nothing herein shall be construed to prevent * * * the keeping of song 

 birds in cages as domestic pets." (Annotated Code, 1897, sec. 2561, p. 888.) 



Louisiana: "That no person shall entrap, net, kill, or pursue with such intent, or 

 have the same in possession at any time during the year, any song bird, espe- 

 cially the mockingbird, except domesticated birds, except the birds be entrapped 

 ■ or netted for the purpose of domestication." (Rev. Laws, 1897, p. 247, sec. 6.) 



Maryland: " Provided, that it shall be lawful to have mockingbirds or redbirds or 

 other song birds in cages." (Laws of 1898, ch. 206, sec. 15h.) 



1 Eor arguments pro and con on 'the question of the ethics of caging birds,' see 

 Bird Lore, I, pp. 158-162, October, 1899. 



