Mis 10. 1883.1 



FOREST AND STREAM. 



288 



birds, and among these corespondents are gentlemen of 

 scientific attainments well known horn and elsewhere. Are 

 nil these persons to be classed with poachers, absolutely 

 prohibited by laYi from further observations and study or 

 our birds, or obliged to restrict themselves to "hawks utid 

 crows?" 



I i,:iv beou in the habit of obtaining birds for study, often 

 preserving their -kins and skeletons, either for my own 

 ordiihologienl collection oi for thai of the Portland Natural 

 I listen Society, of which I tun a member, As for game; I 

 am noi loih to seel; it elsewhere than in the state of Maine, 

 hni ii is with a protesl that 1 am pvoliibited the Continuance 

 of the study of natural history al home. I am already an 

 involuntary offendei ngainsl the law, and ant likely to bi so 

 in ihe future, by "having in possession" specimens of in- 

 seotivoro re birds. 



Birds arc sent to me for identification or examination, 

 fi-e.sh.ly killed ones a- well as skins, from North, East, South 

 and West, often from regions far beyond the limits of 

 Maine or New England; yet now I am liable to arrest and a 

 lie;iv\ fine for having in possession any "insectivorous" 

 bird." What shall 1 do when dissection reveals to me in- 

 sects in the stomach of a bird in my possession? Even the 

 shrikes or "butcher-birds," which attack canary birds ii ex 

 posed in their cages at window-, and kill many of our small 

 native birds, arc insectivorous, and cannot now he killed 

 eithci For scientific purposes or as a nuisance, exeepl under 

 the liability of heavy toga! penalties. The law now stands as 



lollow -: 



"No person shall kill, or have in his possession, excepl 

 alive. an.\ of the birds commonly known as larks, rohins. 

 swallows, sparrows, or orioles, nr other insectivorous bird-, 

 crows and hawks excepted, under a penalty Of not less than 

 one dollar nor more than five dollars, for each of said birds 

 killed., and the possession by any person of such dead birds 

 Shall be prima facie evidence that such person killed such 

 bird." [Approved Feb. 36, 1883]. 



■ This enactment, and the repeal of the taxidermist law 

 elVect a legal prohibition, under severe liabilities, of the 

 practical -ludy of ornithology as applied to the larger part 

 of our small Ian. I birds, forbids the capture or possession at 

 any time of such birds, for any purpose whatever, ami pro- 

 vides a penaltj lot shooting some of our game birds, eve u in 

 the OpCU season provided by our game laws. 



Such extreme measures arc to be deplored by all u ho have 

 a practical interest in, and knowledge of. this subject, To 

 the advocate* of such prohibitory laws having no practical 

 knowledge of, or sympathy with, either Held sports or scien- 

 tiffe study, probanly there will seem no room for regtel at 

 these recent enactments, But all better informed persons 

 deplore such extreme and undesirable measures. As a class 

 our farmers Tire always interested in the protection of little 

 birds, vet Ihey liavc- sufficient intelligence to know that it is 

 only b\ the scientific observations of those devoting their 

 attention to the study of ornithology that, the public getter- 

 ally is informed as to what birds are beneficial to agricul- 

 ture, and what ones are injurious to crops. And to learn 

 this it is necessary to kill many birds, at all seasons, and by 

 dissections learn just whai forms the food of each species in 

 ceitain district-, what kinds of birds subsist upon noxious 

 insects, what ones subsist upon grain, buds, etc., and many 

 other lads of which u thorough knowledge has not yet becu 

 fully developed. 



Even the old taxidermist law, imperfect in sonic respects, 

 may be deemed preferable to the extreme law* recently en- 

 acted, if energetically enforced. The enforcement of the 

 old taxidermist law in regard to "scientific purposes only" 

 would alone correct many oi the alleged abuses, 



To those inclined to commit abuser-, ii there arc any such 

 among our taxidermists, this new law will barely prove even 

 a scarecrow. 



Others may hold sueh extreme laws in open contempt, and 

 the large c)Bss oi ornithological students, sportsmen and 

 Others taking a practical inl-rest in birds, who feel under a 

 tnoial restraint and strive to respect our laws, will be the 

 one* to suffer by being deprived of favorite pursuits. 



Let our birds* be protected bv practical laws, such as can 

 be enforced. Such laws should he framed with all the 

 liberality consistent with the object in view, and then will 

 liny be supported by the public, both in sentiment and 

 dee'ds. 



I would SuggeBl to all interested in the subject that active 

 steps be taken toward remedying Ihis matter a- it now 

 -lands bv pvi senriug a bill for enactment al the special ses- 

 sion of oiir Legislature next August. Provision should be 

 made for the appointment of taxidermists as heretofore, and 

 it might be well to provide that all such appointments should 

 bemadcupon the recommendation of anofficcror the officers 

 of some natural historv -ocieiv incorporated in this State. 

 A clause prphi biting the taking of moose, caribou, deer, 

 woodcock, grouse, quail, du.-ky ducks, wooddueks and Bar- 

 iraini.iii -ruiilpipcrs. or "upland plover." for any purpose 

 whatever, except during the times allowed by the eur- 

 rcni game laws of the' State, would be a guard against 

 attempts to shoot game under false pretenses. A well-drawn 

 law properly presented to our Legislature by some one 

 thoroughly informed mi the subject would probably be 

 readily enacted. Evkuktt Smith. 



POTVK.ASD, Maine, April 2H, 188S. 



HOW SNAKES SWALLOW. 



SIT. A K CNG of snake's and their elastic throat capacity, it 

 _ occurs lo mi' that sixty years as naturalist and half a 

 century as taxidermist would most likely bring several 

 points of interest under au eye not totally blind. "By prac- 

 tice ,i man will sil or stand motionless longer than be can at 

 first believe pos.-ible. and it is only when this arl is acquired 

 that animal life is fully overreached. They seem to recog- 

 nize life in a creal measure only by motion. 



I have bed a cre.il lire touch mv boat with his nose and pass 

 on only a little suspicious. 1 'have had a humming bird 

 han- suspended within a foot of my own nose for ' hull' a 

 minute looking me -ouarelv iu the eye, and as 1 did not even 

 wink, return to dowers within an arm's length, with the very 

 |iiti|,i r conclusion, You look like a man but I believe voiiar'c 

 ..lily an old stump. 



Snakes approach their victim like the hour hand of a clock. 

 There is t\o perceptible movement. One little spot of the 

 body moves, while .ill the iv-t is fixed. Tie- head moves by 

 au impetus from the tail perhaps, and when striking distance 



is reached, the bcIcs are gathered for i r,.- ii,,:,i spring. This 



is made with no regard to what part of ibeobjeei isreached. 

 If a frog is OUUght, as is ottcii lb- ease, by a hind leg; thai 

 lown first, while the body follow- in a bunch [f 

 a snake catches a neighbor bv the head, as the Water -n.d.e. 

 lately referred to, was caught, lie goes down head first; if 



caught by the middle, as 1 once, knew to be done, he is 

 swallowed double, and it, this case the swftlloweT was but six 

 Inches longer than the swallowed. The -even red squirrels 



I look from the body of my black snake followed each oilier 



head first, a mo-i positive evidence of fascination; since it fe 

 hardly possible ihal such unbroken succession could be the 

 result of any Other process. But the snake is not the only 

 creatine Ihal --wallows "big tilings." I Qfioe Cllt from, the 

 throat of a hawk the foot, leg, shoulders and shoulder blade 

 entire of n muskrat. I once took from the neck of a mer- 

 ganser a .sucker thirteen incho long whose head girth WDS 

 double Hint or ihe duck. 1 cut from the ihroal of a heron 

 a chicken as large as a woodcock, and sal almost an hour as 

 "Crowner's quest" before it got through my thick skull what, 

 those soft yellow feet and bill belonged to. Thi- capacity 

 for extension is common among birds and reptiles, owing to 

 the flexibility of the posterior connection of jaws, or mandi- 

 bles, they being held together by muscular contraction, and 

 nol by articular joints as in mammals, dislension does not 

 produce dislocation. B. Housi-oi;i>. 



Sl'lIINOI'll.'.i.. M.1SS. 



Xova Scotia SmtNG Notks.— As 1 expected, our spring 

 lias commenced earlier than usual, ami 1 think it will he 

 generally found that after a steady cold winter like that we 

 Gave experienced, which is a somewhat rare phenomenon in 

 our province. I he succeeding spring will have a fairly even and 

 high temperature, speedily calling into existence both animal 

 and vegetable life. The first harbinger of Spring, a snow- 

 bird (-/. ln/< mult'*), put in an appearance on April 3d. and, on 

 the 8lst, thotirst creeping thing observed was the well- known 



• ■atei pillar, of I'l/n/,, i,-/,.i isttbrTla. The temperature, how- 

 ever, hardly rose above :J-J degrees until April 3. when, with 

 the thermometer al 38degretain tin' shade, and a warm sun 

 making itself lilt iu sheltered south aspects, the common 

 housefly and a few other species of Dipteixt began to buzz 

 about. On April 4 ihe dwarf or "pussy" willow (S&lfa) 

 began to open its catkins. April 5, -one sparrow i .1/. fnelodia) 

 fust heard singing. April (1. while clover ( r. ,,/„»m leaves 

 just opening. April ",, plenty of robins \ '/'. 



about. April lb, thermometer at noon 57 degrees; a lovely, 

 warm, summer-like day. First croak of frog heard this 

 season, about G P. M., in a neighboring swamp. Last year 



the first croak al same placi W8S heard April IS. SO thai Ihe 

 froir- awoke from their winter's nap eight days earlier this 

 year than last This is an unusual occurrence, for. from 

 close observation for many years. 1 have found the time of 

 first croaking to vary, as a rule, bill a few dav- cither way. 

 In 1878. first heard Apiil 18: in 1880, April 10; in 188:. 

 April 17; in 188'i. April 18, in some especially early sea 

 sons I have heard them even a few davs earlier than this 

 vein-, in 188(5 I registered April 6 as the date, but that is 

 the earliest 1 have. On April 12 the first purple crackles, 

 called here "swamp robin," (Q. purpUreUt) appeared. This 

 was a close, damp (Jay, With heavy southwest wind, and 

 thermometer al n8 degrees. In the evening we had a perfect 

 serenade from croaking froirs in the swamp April 13, tir-i 

 butterfly ( I'. anliapa.) of the' season seen— one of last year's 

 .-lock. April IS, a glorious day. willi the thernio'ineter 

 Standing at (to degrees in the shade, and hi degrees exposed 

 in south aspect to the sun— a general awaking of animated 

 nature; woodpeckers hammering, frogs croaking, several 

 Camberwcll Beauty butterflies flitting about, while multi- 

 tudes of insects, especially small scarabxi, tilled the air. Al 

 last, therefore, after one of the most severe and steady (old 

 winters we have experienced for year-, we ma\ congratulate 

 ourselves ihal we arc commencing a glorious spring. Which 

 1 trust may prove the forerunner of a still more glorious sum- 

 mer. 1 must not omit to mention a singular fact in regard 

 to I he Northern migration of the wild goose this -pi in;:. Noi 

 a single flock has been observed passing over ibis portion of 

 the province up to date (April l(i). Have they kept to the 

 eastward outside the coast line, or have they taken, a line 

 more to the westward— over Maine and "New Bruiisw ick 1 

 have never known them to fail us before. — .). M.\TTm:w 

 JOKES, (Pom Lodge, Nova Scotia. I 



life 



i pi 



A I'm: i RIME Mvsiuuv.— It is hardly 

 personal charms and accomplishments; one isap 

 ale, but 1 do think a good deal of my eyes, ,-p, 

 directed along the gun barrel with game in 

 Once, however, I must acknowledge they came 

 it failure. I was out shooting warblers in May, looking at 

 tree lops rather than things below, when out flew a par- 

 tridge almost under my feet. 1 thought nothing of it at the 

 time, but the next morning in the same place, up flew a 

 partridge in the same manner. Looking down 1 discovered 

 a nest lull of eggs. "Well, old Biddy, 1 came near stepping 

 on you; I will keep away and not disturb you again." The 

 third morning I thought 1 would look at the bird on her 

 nest. There was a cow path not live feet from the nest, 

 which was close against a pine tree, and along this path 1 

 had passed a dozen times without scaring her from her 

 home I walked slowly along the path. looking squarely 

 down on the bird, but saw nothing. "Well, that is great, 

 anyhow." 1 turned about, walked ngaiu past the tree. ,uid 

 was again at fault; 1 could not sec The bird, I did not see 

 the leaves about Ihe nest, "I couldn't sec nolhiu'." Like 

 Rip van Winkle, 1 began to doubt whether it wits me 

 or somebody else. A third time 1 came abrea-t of the nest 

 and stopped. I stood half a minute motionless and could 

 see nothing, but here the bird forgot herself and winked; I 

 -aw ii e motion of the eyelid, then 1 saw the bird. Now, "my 

 brethering," if you can explain this phenomenon please do 

 so, for I cannot. I will only forbid personal allusions as to 

 What might have been the cause, and say it was nine o'clock 

 A. >!.. at'idl had no empty flask in my pocket. — li EOBS- 

 1 oi;d (Springfield. Mass.). 



eil by purchase On. 



.,../,-.,. 

 i/. ; , '/'/,' 



Noicrii A\ii;iiii\N Reptiua and Batbachia.— Num 

 ber -21 oi lie Bulletin of the United States Nnlional Museum 

 consist- of Dr. II. c. Vhi'iou - ( h, « !. List of North Aoier 

 ii'an Reptiliaand Batraohiti, with n catalogue of specimens 

 in tin- r s National Musenm. Such a check lis) as the 



present wa- greatly needed, lor il I- nearly eight year- since 



Copels -imilar publication appeared d within' that lime 



I here have been many addition- lo Ihal lisi. and lnan\ new 



discoveries, necessitating changes in il Happily tliework 



ha. lall.n inlo -oo.l lian, Is, and has been well', lone. Dr. 

 Yarrow's qualifications for Ihe labOMOUS task which lie has 

 jtisf compleied are well known to laborers in the held of 

 science, and the pamphlet -bows everywhere evidences of 

 ability, experience and general fitness for the task. The 

 collection of reptiles in the institution has been divided into 

 two Series, called reserve and general collections. In the 

 former are included all Ihe type specimens Ihal have be, n 

 described by the earlier writ, r- on Noilh American hc.pe- 

 tology; all those •-peeimens ideiiliticd by Prof. Cope, at Hie 

 time he studied the entire collection of Ihe museum; speci- 

 mens of the same spiciis from different geographical areas: 

 specimens which show abnormalities from the type descrip- 

 tions or variations of color or seal" formula. This collection 

 now embraces 1'ii) SpeoieS ami over l.unn-pecinien— an unriv- 

 alled collei lion of North American repiile-. In preparing this 

 list the ecogr.-iphic.d limits ,,l "Noilh America" have been 



drawn from the extremity of the California peninsula east- 



erlv lo Ihe moulh of lb,' Rio Grande, form.- il- southern 

 boundary. The noiiicm latniv and cla--ilication employed 

 in the list arc substantially i hose employed bv Prof. OopjJ in 



his list published in 1,875. Besides the bare check list, the 

 following important lists are included in this paper; Check 

 list of the reserve and general series of Noilh America Rep- 

 tilia and Balriiehia ; nol.-- on T, -ii'.din Ua. lis! of Specimens 

 of North American Ucplilia and Batrachia desired by the 

 National Museum, and indie, s lo till generic and Specific 

 names of the Keptilia and liatrat hia mentioned, lo I licit' com- 

 mon names, to the localities whence they h.ive been obtained, 

 and In the contributors lo the Collection. 



Tim mai.m'-Owi..— Porlland.Me.— This little owl of the 

 north, but slightly larger than ihe common Acadian 

 owl— that is the smallest owl known in the Row Eng 

 land Slates — is not a very common specie- within 

 the limits of ihe United Slab-, althcmgh it may be 

 a regular winter visitant, and ii is ,„,( Improbable 

 that ii will be found breeding in the northernmost part of 

 New England'. 1 am indebted n. Mr. Monia-uc t haniber 

 lain, of St. John, N. 1!.. for notes concerning thi oci urrence 



of Teu^mabn's ,,w I in Southern New lb iiu-wicl: in Bummer. 

 "One shot, by Mr. .lame- ( lain, M, of < birncll's Slreain. ten 

 miles ,,-asi of St. John city, in the middle of AugUSfc l88fj. 

 Mr. Garnet! shol another a! the -mne place December 31, 

 1881." Audubon iv, -old.-, I ihe occurrence of this species al 

 Bangor, Mc "in the beginning of September." Par a note 

 of its capture in Springl am indebted to Mr. A. M. Tufts, who 

 obtained a male specimen taken al Dexter, Mc. , in April 

 is;-,; ai-o .•, femnlo specimen taken near Lynn, Ma.-.s.. No 

 vember 1. 1883. Mr. B, S. Bowler writes nic ihat he ob 

 tabled one taken in l'( nob- ( ol county. Maine, .l.-uiiiaiv I ">. 



1882, and two taker, in the same county January 93, 188& 



Two were tak.n near Si, John. N. B., and scut lo ihal cilv 

 February 17. 1888. Mr. C. A. Creightoh ha- informed n.c 

 of one taken al Waldobore, Mc. in January, 1881, Ami I 

 am indebted lo Mr. Ralph Miller, of Portland, Me., for a 

 specimen taken by him alive, by hand, in this city, March :i. 



1SN;t. — KvkkkTT eS.MITII. 



Tub Cn 



s.uu'. Ag 



-ii SpakBow. 'II." 

 •row is an insect ivor- 

 greal deal of alien 



id ihe farming torn 





ous or granivorous bird i- r.-.-.-i. 

 lion at Ihe band.- of -oi, nulic b, 



munity throughout Pennsylvania. Tr. 



that il is granivorous, and Ihal il only chanuv- it- n ,„i, , ; 

 living "ben there are no bud- oi -ccd's tO BUbSlBl upon. At 

 a recent meeting of the West Chester .Microscopical Society, 

 an organization having among its members a number of 

 gentlemen well versed in ornithology, the merits and de- 

 merits of the English sparrow were fully and freely oi-- 

 cussed. The sentiment of the society appears in the follow 

 ing preamble and resolutions: WheiMS, Outward observa- 

 tions and post mortem dissections have demonstrated that 

 the English sparrows are not. in.-cctivorons birds, but are 

 destructive to some of the cereals and the buds of the plum, 

 peach and pear trees and "rape vines: therefore, AV.Wm/. 

 Thatour Senator and Members of the House of lb prest ,.":. 

 tivesat llarrisbnvg be requested to Urge the repeal of all 

 laws that prevent the destruction of English spari'OWs.r 

 Occasion a i.. 



\ - i en i:ks i.\ Mmni.:.- -Portland, Me.— In the autumn of 

 1874 two vultures (Gatharteg anfd) were seen In the town of 

 Standisli. ('uniberland coiintv, .Maine, and one of them was 

 caught iu a trap, My friend N. c. Brown, of this city, 

 has publicly recorded the capture of a vultun of Ihe same 

 species ill Buxton, Fork- county, Maine, in December, 187H. 

 Another specimen was taken' March in, 1888, near Ml. 

 Pleasant, in East Fivebnr-. Oxford county, Maine, by Mr. 

 Abel Sanborn, who reports the fact to mens follows: "A 

 dead lamb had been thrown out, and was visit, d by the 

 'turkey buzzard,' which 1 shot through an augur, hole in 

 inv barn." This is the third vulture of nconl as taken fn 

 Western Maine. lis skin has been preserved ,■ — EVebeti 

 Smith. [The capture oi this last specimen was announced 

 in l''(ini:-r \nii S'ini;\M ol April 86 la»l.] 



thi 



in: I.. 

 sprin 



Ti-: Mkjuatotcy Btttns.— We shall doubtless have 

 fa migration of all thelatc-epmitig birds En a body. 

 May :, to 12, when the sjensori is an ayerage one. 

 Ics the writer has always looked for the warblers 

 hide. If Ihe spring has ben an early one. wai in 

 ait, their passing through occurs in soparati bodies, 



; but the backward,,. ■- ..; this -ea-.ei will delay 



ongsters until thi lasi moment, when they will ail 

 i together. So, bkowise, may wo expert Uic spring 

 ior, i ii i < I -. especially Ihe robin, snipe, brown-back 

 -breastt d plover, and Ihose who « ill kill them in 

 caicb them during the few days they will he -ecu 



The Mi:uki:s. b, my closing remarks about the two 



-pcies ,, | nun ics known on the coast, of Maine ■ I ,i;i - : 

 ami Stui-.am. April 19, 1 •!'•■;■!) iheic occurs an ,i ror in appli- 

 cation of the descriptions of the "toruia." "Tomia of upper 



mandible b:oe al b:,-e. dilated, Mil, .wish." appHCS lo 111, 



short-billed species {brunwfohH), and "Tomia fcalhcred al 

 base" applies to the long-billed species [t)'vile). — Etkuett 



Smith 



May 



