Dec. 31, 1904.] 
FOREST AND STREAM. 
b § a 
The Shiras Fill 
Wi ■ fr State Game Commissioner, 
State of Illinois..: 
Springfield, 111.,. Dee. 17.— Editor Forest and Stream: 
I am pleased to acknowledge receipt of a copy of House 
. Bill No. 15601, introduced December 5 by Honorable 
George Shiras, of Pennsylvania, entitled, "An Act to 
Protect Migratory Game Birds of the United States." 
I also note with pleasure the editorial comment ' of the 
Forest and Stream under date of December 10, and a 
number of letters from various sections of the country 
published in your, issue of the 17th, all of which meet 
with rriy unqualified approval a 1 rid hearty co-operation. 
The Sportsmen of Illinois have.ibhg been anxious to find 
a solution of this question, arid to assist in, a nioveriieiit 
to protect migratory wildfowl by the Federal Gove'rhnieiit. 
The real sportsmen of the country will not raise the 
difficulty of State rights or Constitutionality if the bill is 
passed and rigidly enforced and the game protected. I 
think, however, they will insist that they should be Con- 
sulted, of permitted to, have A representative in the Com- 
mittee griated by the Department of Agriculture for the 
purpose of establishing the open and closed seasons lh 
the different zones covered by the flight of ducks, geese, 
brant, and other migratory game birds; which open and 
closed seasons can only be properly fixed by practical 
sportsmen, and those personally interested in the pro- 
tection of the game for legitimate sport and home con- 
sumption^ arid CottgfCSs should specify this in the passing 
of the bill 
There is now such a wide difference in the game laws 
of the States through which wildfowl travel from north 
to south in the fall, and from south to north in the spring, 
and so many States have failed to provide the funds and 
system of paid wardens with which to enforce their laws, 
while others have used the department almost entirely for 
political purposes, and not for game protection, as their 
Legislatures intended, that it is time the Federal Govern- 
ment was stepping in, as it did in the passage of the 
Lacey law, and make a provision for better protection of 
such game, and more rigid enforcement of the act. 
I have taken the trouble to write the twenty-three Con- 
Ifes'sriifeii of the State of .Illinois and the two United 
States Senators, urging their co-operation in the passage 
of this bill, and if the sportsmen of the country think 
best, shall be glad to send a representative or go per- 
sonally to a meeting of the game commissioners and 
sportsmen of the various States, which could be held at 
Washington for the purpose of united action in this 
matter. 
I trust you will not lose sight of the importance of 
agking the Department of Agriculture, should the bill be 
passed, to consult fully with the various game Commis- 
sioners and representative spoftsrrieii of all .the States as 
to the open and closed seasons 1 , . a§ State'd above, for this 
is of vital importance to the different territories wlthih 
the flight of the waterfowl. As, for instance, Illinois 
sportsmen are entirely satisfied with the open season 
on water fowl in this State, which is from September 
1 to April 15, although they would be willing to have it 
from September 15 to April 1, and are not willing to give 
up spring shooting; yet you will find them not unreason- 
able, and they will submit cheerfully to the will of a 
majority. Other States have prohibited spring shooting, 
while others still believe in the marketing of game, and 
the Southern States are extremely slow to pass any kind 
of a bill for the protection of water fowl,, and very few 
of them provide any money or organization to enforce 
the law, and I believe that only the sportsmen and men 
personally interested can solve this problem; 
John A. Wheeled. 
State Game Commissioned. 
Denver, Colo., Dec. 16.— Editor Forest and Stream: 
In your issue of December io iast, you print and com- 
ment favorably on a bill recently introduced in Congress 
by Hon. George Shiras, of Pennsylvania, by which it is 
proposed to extend Federal jurisdiction to the protection 
of migratbrv game birds. 
The question of Federal protection of game has been 
much discussed for several years, mostly by laymen, and 
such protection urged as the only hope for the game, 
Lawyers generally are of the opinion that it cannot be 
done, except through a constitutional amendment to 
which the consent of Congress cannot be obtained, and 
that the validity of such an amendment, even if secured, 
would be doubtful. . . 
The Shias bill, by a number of whereases reciting facts 
Showing the inefficiency of State laws, undertakes to 
construct a foundation for Federal control. 
..It seems obvious that such a foundation is of sand, 
and that further inquiry into its merits is scarcely 
necessary. ...„•, , 
But the bill in Section I provides that all wild geese 
* * * and other migratory game birds, "which in their 
northern and southern migrations pass through or do not 
remain permanently the entire year within the borders 
of any State or Territory," shall be under the protection 
of the Federal Government. . 
The words above quoted, which were no doubt in- 
tended as a definition of the word "migratory,'^ are not 
only unnecessary, but weaken the whole section, in that 
their effect is to limit its application to such individual 
birds as do not, in fact, remain the entire year in any 
State or Territory. This is not the meaning of the word, 
as used there, or as ordinarily used. It applies to a class 
and includes every bird of the class, regardless of 
whether such bird remains permanently in one region or 
State or migrates as his fellows ordinarily do. It is 
well known that here, and in many other States, some 
ducks do remain the entire year and breed in the same 
re Under the rule requiring criminal laws to be strictly 
con^rued, the prosecution under this act would be bound 
to prove that the particular bird or birds, the killing ot 
which was charged, did not remain during the year in 
the State or Territory where they were killed. 
' The bill further provides that the "Department of 
Agriculture" shall make regulations as to closed seasons, 
.etc.. and provide fines and imprisonment for their 
■violation. .. .. ■ , <• 
The "'Department of Agriculture" consists of a secre- 
tary. jbi&#»t secretary, a chief clerk, superintendents. 
chemists, etc., down to a carpenter. The bill in question 
attempts to confer the proposed power on these persons- 
some twenty in all — to make these regulations. 
This doubtless was not intended. What probably was 
intended was to give the power to the Secretary of Agri- 
culture. But that would not cure the principal vice in 
the bill- in this respect. 
Congress has no power to confer authority^ on a de- 
partment of its secretary to enact rules, the violation of 
which shall constitute crimes, and also prescribe penalties 
of fine and imprisonment for such violation. U. S. vs. 
Eaton, 144 U. S., 677. Dent vs. XL S. (Arizona), 71 
Pac, 920, and cases cited. _ * 
There are other minor objections to the bill, and I 
venture the prediction that it will be shot full of holes 
before it gets out of the committee room, if it ever does. 
I do not believe that any law can be devised for pro- 
tection by the Federal Government of game on private 
lands; but 1 do believe it can be done on public lands, 
and this would, in the West, embrace substantially all 
the big game. 
There is no doubt of the power of the Federal Govern- 
ment to control the occupancy and use of its public lands 
Wherever situated, and hence little, if any, doubt of the 
power of Cbrigfess to prohibit by law hunting upon the 
public lands at any time of In any manner except as per- 
mitted by the laws of the States in which such lands lie. 
I do not intend to give here the proper form of such a 
law, but the idea merely. 
■ It is possible that it may also be extended to birds on 
public waters, but that question I have not examined. 
D. C. Beaman. 
State oe Wisconsin, t 
Department for the Protection 
of Fish and Game. 
Madison, Wis., Dec. 19. — Editor Forest and Stream: 
I am in receipt of your favor of December 9, inclosing 
copy of bill introduced in the House by Hon. George 
Shiras 3d to give Federal protection to wildfowl, and 
asking for an expression of opinion on the bill. 
In my opinion it is the only effective way to protect 
migratory birds, as there is always a clash of interests 
between "adjoining States. In this State, for instance, 
spring shooting was prohibited for a few years, but at 
the last session of the Legislature repeal of the law was 
made possible because soriie of our neighboring States 
allowed shooting of ducks in the spring. 
I think the bill should pass in spite of possible clash 
of State and Federal jurisdiction, as with such a Federal 
law as a guide, it would unquestionably be enacted into 
statute law in every State interested in the protection of 
wildfowl. I sincerely hope the bill will pass. 
Henry Overbeck, Jr., State Warden. 
State of Rhode Island, 
Commissioners of Birds. 
Westerly, & I., Dee. 22.— Editor Forest and Stream: 
I believe that if the Shiras bill can be passed, it will 
afford our migratory game birds such protection as can- 
not be obtained by State legislation. I cannot see how 
any fair-minded person can oppose so worthy a measure. 
Edwin R. Lewis. 
Territory of New Mexico, 
Department of Game and Fish. 
Sante Fe, N. M., Dec. 20.— Editor Forest and Stream: 
Yours of the 12th inst. duly received. I have read with 
a great deal of interest text of the bill to protect migra- 
tory game birds and consider it a most wise measure. 
Its effect en our Territory may or may not be felt, as 
there are Ho breeding grounds here, and the birds are not 
kitted tb any great amount during their migrations. Our 
Tirrltofy has for the past seven years been laboring 
under its first game law, with a means of enforcing same, 
and there is no provision whatever for the protection of 
Water fowl. However, in my last report to the Execu- 
tive (December 15, 1904D, I have strongly recommended 
s"dt an amendment to the present law, and should I be 
in position to do so, will see that the law is enforced. 
We consider it best to prohibit the sale of all such birds, 
at least for a time. P. B. Otero, Warden. , 
State of Tennessee, 
Department of Game. 
Nashville, Tenn., Dec. 18.— Editor Forest and Stream: 
I beg to acknowledge receipt of your letter of December 
9 incolsing a bill introduced by Hon. George Shiras to 
protect migratory game birds, etc. 
I heartily approve the idea of this measure; though, to 
be entirely frank, I fear the courts will not hold it to be 
constitutional. J- H. Acklen, 
State Game Warden. 
Office of J. W. Baker, v 
State Game and Forest Warden. 
Cottage Grove, Ore., Dec. 15.— Editor Forest and 
Stream: The bill introduced in Congress by Hon. 
George Shiras, of Pennsylvania, entitled, "An Act for 
the protection of migratory game birds of the United 
Slates," is, in my opinion, a good act. It should have 
the support of all true sportsmen. This is the first time 
my attention has been called to the question. I am 
strongly in favor of a measure of that nature. 
J. W. Baker, 
State Game Warden for Oregon. 
Office of John Sharp, 
State Fish and Game Commissioner. 
Salt Lake City, Utah, Dec. 14.'— Editor Forest and 
Stream: I joyfully acknowledge receipt of yours of the 
9th inst. inclosing draft of House Bill No. 15601 for the 
Federal protection of wildfowl and other migratory 
game birds, introduced by Hon. George Shiras 3d, of 
Pennsylvania, and requesting an expression on it for pub- 
lication. I will say frankly that nothing has given me 
more pleasure for some time than this knowledge that 
your letter brings of steps to be taken by the Federal 
Government for the preservation of our wild water fowl. 
The measure has my most warm indorsement and un- 
qualified approval and support, and I sincerely hope that 
the measure will soon become a law, and that the De- 
partment of Agriculture will be "wise in its generation 
and speedily make regulations to abolish the barbarous 
practice of spring shooting, limit the bag to a reasonable 
kill per day, and forever kill the commercial traffic and 
Hale of wild game, which is, and always has been, the 
bane and wrecking stone of our once limitless supply of 
wild game and birds. I look upon the wild game and 
birds of our country as a natural resource and product 
that belongs to all the people alike now living, as well as 
generations to come, which should be reserved and pro- 
tected for the people to take and kill for food, pleasure, 
and recreation under or subject to reasonable and equit- 
able laws and regulations, but not tb be made a source of 
traffic for money-getting to the market-hunter and dealer 
to supply the endless demands of the opulent. 
I trust that before long all the other game birds and 
game animals will come under the same national wing 
of protection. I have advocated Federal protection for 
our game animals and birds for some years, and which 
is the only salvation from complete extinction that I can 
see. The big game animals especially require immediate 
and thorough care before they are all gone the way of 
the bison and wild pigeon, 
John Sharp, Commissioner. 
The State of Wyoming, 
Office of 
State Game Warden. 
Lander, Wyo., Dec. 14. — Editor Forest and Stream: I 
have your favor of 7th inst. inclosing a copy of Mr. 
Shiras' bill for the protection of migratory birds. Some 
such legislation is certainly necessary; and a careful ex- 
amination of the bill referred to, convinces me that it is 
a meritorious measure, and ought to become a law. 
D. C. Nowlin, 
», 1 State Game Warden. 
Boston, Dec. 10.— In view of the benefits that have re- 
sulted from previous conferences of sportsmen and others 
interested in the propagation and protection of fish and 
game in Massachusetts, the State Association has in- 
structed the secretary to extend «n invitation to all 
sportsmen's clubs and organizations throughout the State 
to send delegates to a conference to be held at the Cop- 
ley Square Hotel, Boston, at 2 P. M., on Thursday, De- 
cember 29. Dinner at 6 P. M. Delegates and others 
(not members of the Association) invited will be wel- 
come at dinner as guests of the Association. Every one 
will be free to speak upon existing conditions, and sug- 
gest means for their improvement. 
National Association of Audubon Societies 
for Protection of Birds, 
New York City, Dec. 22.— Editor Forest and Stream: 
I inclose you herewith a series of preambles and resolu- 
tions which were unanimously carried at the last meeting 
of the Board of Directors of the Audubon Society ol 
the State of New York, which was held on the 15th inst. 
You will note that the Society not only approves the 
Shiras bill, but also suggests most emphatically that the 
bill be amended so as to include all of the migratory 
birds of the country. Wm. Dutcher, 
Chairman Law Com. N. Y. Aud. Soc. 
Whereas, The Board of Directors of the Audubon 
Society of the State of New York approves most heartily 
the important legislation proposed by the Hon. George 
Shiras 3d, of Pennsylvania, in H. B. No. 15601, lately in- 
troduced in Congress, and 
Whereas, This board earnestly believes that the ab- 
sence of uniform and effective State laws and regulations 
for the protection of migratory game birds is a great evil, 
and 
Whereas, It also believes that the present tangle of 
contradictory State statutes covering the migratory game 
birds will be effectually remedied by the passage of H. B. 
No. 15601, therefore be it 
Resolved, That the Honorable Members of Congress 
from the State of New York are earnestly requested to 
give their support to this important economic but non- 
political measure; and be it further 
Resolved, That this board believes that the said benefi- 
cial legislation should be extended to cover all the migra- 
tory birds of the country, inasmuch as eighty per cent, 
of the said birds do not belong to the class known as 
game birds, but are largely insectivorous, and as such 
they are of the greatest economic value in their relation 
to the agricultural interests of the country, and therefore 
they should also be placed under the care of the Federal 
Government. 
State of Vermont 
Department of Fisheries and Game. 
Stowe, Vt, Dec. 19. — Editor Forest and Stream: In 
answer to your communication of the 9th, in regard to 
giving my opinion in relation to Federal protection of 
migratory game birds of the United States, I have care- 
fully looked over the synopsis of the same, and it seems 
to me that such a law enacted by Congress would be of 
greater value than our present State laws, if the Federal 
Government will be to the expense of seeing them en- 
forced. Under our system of wardenship in Vermont, 
it is absolutely impossible to enforce the laws in killing 
game birds, especially in the waters of Lake Champlain. 
During the open season the limit for taking ducks is 
twenty in any one day for each person or hunter. You 
readily understand that three persons in a boat will take 
sixty ducks, and the chances are that one or two persons 
get the majority of them. 
Parties owning certain sections of territory on the 
borders of Lake Champlain, where ducks breed numer- 
ously, have made these grounds private preserves. I do 
not see their rights in closing certain large territories 
and preventing others from hunting on these grounds for 
migratory birds, and there should be such a law enacted 
by the Federal Government to prevent this, and perhaps 
Mr. Shiras' bill covers the ground. 
I do not think any party can lawfully, even if he owns 
the grounds, assume the only and whole privilege of 
taking migratory birds, even if they do breed on his 
grounds. • " • - 
However, any wholesome law that will regulate the 
taking of these birds and preserve them from becoming, 
extinct, will certainly improve present conditions and be 
a blessing to mankind. H. G. Thomas, 
• • "' i Commissioner* 
