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112 THE CONDOR Vol. XXII 
while uttering its complaining note. Thus, with reasonable certainty of success, the 
Aleutian Tern may be looked for as nesting as far east as Dry Bay, which, so far as the 
writer knows, is far to the eastward of any previous record of its breeding.—Ernest P. 
WALKER, Phoenix, Arizona, February 7, 1920. 
Dusky Warbler at Berkeley, California.—On February 23, 1920, Dr. William F. 
Bade handed me a recently dead Dusky Warbler (Vermivora celata sordida) which he 
had just picked up in his backyard at 2616 College Avenue, Berkeley. The feathers in a 
spot on the throat and on the forehead were gone, as if slugs had been at work on the 
pird, so that it must have met its death the preceding night or before. Upon skinning, 
I found wounds in the body which suggested that it had encountered the claws of a cat. 
The bird was a female in good feather. It was somewhat discolored by town soot, so 
that it had probably been living in the well-known smoke belt of Berkeley and Oakland 
for some time, perhaps wintering here. The specimen is preserved in the Museum of 
Vertebrate Zoology as no. 40396 of its bird collection, and authenticates the occurrence 
of the Dusky Warbler a little farther north than heretofore reported. The two other 
stations for the San Francisco Bay region are Hayward and Palo Alto—occurrences in 
December, January and February (see Pac. Coast Avif., no. 11, 1915, p. 146). The north- 
ernmost breeding point for this warbler so far as known is Santa Rosa Island, below 
Point Concepcion. Part of the winter habitat of the bird thus lies some 260 miles to the 
northward of its summer range, as well as over 100 miles to the westward.—J. GRINNELL, 
California Museum of Vertebrate Zoology, Berkeley, March 22, 1920. 
ae) 
Range of the Magpie in New Mexico.—On December 28, 1919, I saw a Magpie 
(Pica pica hudsonia) in a willow swamp on the banks of the Rio Grande near Bernardo, 
New Mexico. I have also seen the species this winter near Tome, and for several win- 
ters near Peralta. On October 13, 1918, I saw a large number west of Alameda. They 
are plentiful in summer near Valley Ranch, New Mexico, and in Rio Arriba County are 
found throughout the year. 
Bernardo, as nearly as I know, is the southernmost point of record. I have never 
seen one in the Rio Grande Valley proper in summer; apparently they do not breed south 
of Valley Ranch, on the upper Pecos.—ALpo LEoPoLD, Albuquerque, New Mexico, February 
21, 1920. 
EDITORIAL NOTES AND NEWS 
Frank S. Daggett died in Redlands, Cali- 
fornia, April 5, 1920. In his death the Coo- 
the “common sense” 
per Club has lost one who was a member 
almost from the inception of the organiza- 
tion and who in many ways was an import- 
ant factor in the development of the Club. 
The Southern Division in particular will 
miss the presence of a member always faith- 
ful in attendance at the meetings, and ready, 
with helpful counsel and personal effort, in 
the varicus problems that the Club has 
faced. An account of Mr. Daggett’s life will 
appear in the next issue of THE CONDor. 
The Supreme Court of the United States 
has recently handed down a decision up- 
holding the constitutionality of the Migra- 
tory Bird Treaty Act. This opinion was de- 
livered in judgment of a bill in equity 
brought by the State of Missouri to prevent 
a game warden of the United States from 
attempting to enforce the Act and the regu- 
lations made by the Secretary of Agricul- 
ture. Ornithologists will cordially endorse 
paragraph of the Court’s decree, that: ‘Here 
a national interest of very nearly the first 
magnitude is involved. It can be protected 
only by national action in concert with that 
of another power.‘ The subject matter is 
only transitorily within the State and has 
no permanent habitat therein. But for the 
treaty and the statute there soon might be 
no birds for any powers to deal with. We 
,see nothing in the Constitution that compels 
the Government to sit by while a food sup- 
ply is cut off and the protectors of our for- 
ests and our crops are destroyed.” 
The National Parks Service is this year 
inaugurating a system of instruction in nat- 
ural history for visitors to Yosemite Na- 
tional Park. Two members of the Cooper 
Club will conduct this work during the sea- 
son of 1920. Through codperation with the 
California Fish and Game Commission, Dr. 
H. C. Bryant will give instruction from June 
1 to August 31. Dr. L. H. Miller, Department 
summary in the last . 
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