43 



The question has been raised as to the rights of the 

 owner of land under such an Act, and whether or not 

 the State in any way can control the title. The following 

 letter makes this clear: 



The Commonwealth of Massachusetts 

 Commissioners on Fisheries and Game 



State House 



Boston, July 28, 1914. 



Dr. Harris Kennedy, 

 Readville, Mass. 

 Dear Sir: 



Enclosed herewith I send you a copy of Chapter 410, Acts 

 of 191 1 providing for the establishment of reservations for the 

 protection of birds and animals. 



Our interpretation of the word " control" is that it shall not 

 in any way act as a lien upon the land, but refers only to con- 

 trol of the wild life and its protection; that it does not affect 

 any of the lawful uses or practices of the owner except that of 

 hunting and trapping. 



Our activities would extend only to planting such small 

 areas as our appropriations from time to time permitted and 

 as the owner consented, to such shrubs and plants as are par- 

 ticularly valuable as food for wild birds. In addition, we 

 should hope to furnish nesting sites for various species of wild 

 birds. We may be able to introduce some species of wild 

 ducks or pheasants where the location appeared favorable. 

 We should endeavor to patrol the ground against trespassers 

 and extend some protection against forest fires. We should 

 endeavor to reduce as far as possible the number of enemies 

 of the birds. 



We understand that while this agreement may be termin- 

 ated at any time by either party, it is not our intention to 

 develop a game preserve for any individual or for corporations 

 or associations at the public expense. We enter into the 

 agreement with the owner with the understanding that the 

 arrangement, that not even the owner or his friends shoot upon 

 the property, is a relatively permanent one, so far as any one 



