383 
Probably none but the larger game birds, the wild turkey, the pinnated grouse 
or prairie hen, and the ruffed grouse or pheasant, have seriously decreased. 
The first, once universal, is now only found in a few localities ; the second, never 
very numerous in Ohio, is now confined to a few counties in the extreme north- 
west; and the last is slowly decreasing as forests and thickets disappear. 
The propriety and importance of a judicious bird and game law is becoming 
more apparent and more generally acknowledged as the country becomes more 
populous and more highly improved. 
In the early settlement of the country it would scarcely be needed, and of course 
would receive no attention. But it is different now. A large part of the public 
demand it, and this demand will become more and more imperative as society 
progresses. The only question is as to its details. 
The rules upon which such a statute should be framed would seem to be these : 
1st. It should protect, at all seasons of the year, the harmless and useful birds 
other than game, whose habits are such as to expose them to danger from man. 
2d. It should protect the game birds at such seasons and in such a manner as 
will promote their reasonable increase. 
3d. It should leave those of doubtful or bad character to protect themselves. 
4th. It should employ popular and well known names in designating each bird, 
so that no one can doubt what species is meant. 
In the bill reported by the Senate select committee, the intention has been to 
keep these principles in view. The birds named in the first section, are most of 
them common, abundant, and well known — they are such as are found in culti- 
vated fields, and about the habitations of man, and are therefore most exposed ; 
and though some are not entirely harmless, yet their musical or insectivorous 
merits are sufficient to entitle them to protection. 
There remain many species, especially in the class of warblers, finches, and fly- 
catchers, that are both harmless and useful, but they are found generally in the 
forests — they are rarely seen, and little exposed to injury from mankind, and are 
not so generally known as to be identified by any popular name. Such laws are 
not made for the ornithologist only, but for the public ; and to forbid generally the 
killing of finches when, according to Wilson, there are seventeen species of that 
genus, and, according to Audubon, nineteen — or to forbid the killing of the warb- 
lers when of that genus there are thirty-six species, according to Wilson, and forty- 
two, according to Audubon, is not reasonably specific, especially in describing an 
offense to be punished criminally. Many of these birds are rare and shy, they 
inhabit retired places, they are in little danger from the sportsman, and they can- 
not be designated by any popular name which would be gcnera'ly recoguized and 
understood. It is not easy to draw a distinct line between those birds that are 
