xl 
INTRODUCTION 
non-game birds, and the few injurious species are mentioned by 
name. Such a division provides for all the birds, leaves no ambigu¬ 
ity as to which may be killed as game, and defines each group in 
the simplest and most satisfactory manner. A game law framed on 
this basis has been adopted with excellent results in some states, 
but in the west is still an ideal toward which to work rather than 
an accomplished fact. California, Colorado, and Nebraska have 
excellent laws for game birds, but they do not provide equally well 
for insectivorous species. Nevada, New Mexico, and Wyoming 
have comprehensive statutes for non-game birds, but do not afford 
complete protection to all their game birds. 
Game Birds. — Experience has shown that a modern game law 
must do much more than merely prohibit the killing of certain spe¬ 
cies at stated times. It must regulate methods of hunting, restrict 
shipment and sale, and also prescribe means for carrying its pro¬ 
visions into execution. It should contain the declaration that all 
wild birds and animals are the property of the state. This fact, 
based on the decisions of the highest courts, is now generally ac¬ 
cepted, but it is well to have it incorporated in the law, as is the 
case in the game laws of Colorado, Texas, and other states. Next in 
importance is a comprehensive definition of game birds like that 
given above. Another important point not fully appreciated is that 
a law which prohibits killing certain species is much less effective 
and permanent than one which simply permits , by declaring that it 
shall be unlawful to kill or have in possession ‘ any birds except as 
hereinafter provided.* This simple statement renders the law to a 
certain extent automatic, since all birds will be protected until pro¬ 
vided with an open season. Changes in season, the bane of game 
legislation, cannot be made so readily without attracting attention, 
and if, as often happens, a proposed change in season fails of enact¬ 
ment, the species is left with complete protection instead of being 
without protection as under the old method. Little need be said as 
to seasons except that they should conform as nearly as possible to 
those of adjoining states. With improved guns, smokeless powder, 
and other modern appliances for hunting, no state can afford to 
maintain an open season from the time the birds are mature until 
they begin to breed the following year, for no species can withstand 
such an ordeal and not be locally exterminated in a few years. Open 
seasons are constantly growing shorter, and as they undergo change 
should be shifted to correspond more and more closely with those of 
other states. Above all, spring shooting should be abolished, and 
