514 
Published Weekly by the 
Forest and Stream Publishing Company 
Chas. A. Hazen, President Charles L. Wise, Treasurer 
Harwood Palmer, Vice-Pres. W. G. Beecroft, Secretary 
22 Thames Street, New York. 
CORRESPONDENCE;—Forest and Stream is the re¬ 
cognized medium of entertainment, instruction and in¬ 
formation between American sportsmen. The editors 
invite communications on the subjects to which its pages 
are devoted, but, of course, are not responsible for the 
views of correspondents. Anonymous communications 
cannot be regarded. 
SUBSCRIPTIONS: $3 a year; $1.50 for six months; 
I0 T?. e . nts a co Py- Canadian, $4 a year; foreign, $4.50 a year. 
. ^ “I? paper may be obtained of newsdealers throughout 
® United States, Canada and Great Britain, Foreign 
Subscriptions and Sales Agents—London: Davies & Co., 
1 Finch Lane; Sampson, Low & Co. Paris: Brentano’s. 
Entered in New York Post Office as Second class matter. 
THE OBJECT OF THIS JOURNAL 
will be to studiously promote a healthful interest 
in outdoor recreation, and to cultivate a refined 
taste for natural objects. 
—Forest and Stream, Aug. 14, 1873 
MR. SHIRAS ON THE FEDERAL BIRD LAW 
An interesting pamphlet dealing with the Fed¬ 
eral Migratory Bird Law has just been issued by 
Hon. George Shiras, 3d. It is entitled “Necessity 
for and Constitutionality of the Act of Congress 
Protecting Migratory Birds,' and covers about 
one hundred printed pages. In the flood of com¬ 
ment favorable and unfavorable on this subject, 
this paper stands forth as the most* logical and 
temperate discussion of the subject since the law 
came into existence. 
It is recalled that in 1004 Mr. Shiras introduced 
in Congress a bill to protect migratory game birds 
of the United States, and that after nine years’ 
discussion this bill became law. In 1906 Mr. 
Shiras prepared a detailed brief on the legal side 
of the subject, which was published as a supple¬ 
ment to Forest and Stream, November 24, 1906. 
The present paper is the result of further study 
of the subject and the detailed consideration given 
it by a great number of people all over the coun¬ 
try. I he points which underlie the argument 
are these: 
First; While local game is protected by the 
States for ten months or more each year, migra- 
tory game is killed for ten months or more each 
year. Little doubt can be felt of the result of 
this destruction. 
Second: It is acknowledged of late years that 
the Federal Government has the power to con¬ 
trol a great variety of matters which have to do 
with the welfare of the whole public, and over 
which the States have no power, outside of their 
own boundaries. Among these matters are the 
dissemination of epidemic diseases, of noxious 
insects, and matters of commercial intercourse 
between the States. 
The present law has the support of sportsmen, 
naturalists and nature lovers, game protectionists 
and farmers, clubs, conservation associations, and, 
finally, Congress. All agree that it is of the high¬ 
FOREST AND STREAM 
est importance to the general welfare. It is clear¬ 
ly of importance also that the Federal Govern¬ 
ment should interfere to protect the right of each 
State to the benefits conferred by the migratory 
birds, which experience has shown the States 
themselves are unable to protect. 
The Federal Migratory law is constitutional, 
as shown by a brief filed by Mr. Shiras at the 
Senate hearings, March 6th, 1912. The decision 
of the United States Court in the case of the 
Chicago drainage canal and the decision in the 
Tennessee Copper Company case, dealing with 
the poisoning of air passing from one State to 
another, show very clearly the trend of the law 
in cases of disputes between the States, as inter¬ 
preted by the Supreme Court. 
The pamphlet closes with a number of appen¬ 
dices bearing on the question at issue, and the 
whole production is one of the greatest interest. 
There seems no doubt that the Federal Migratory 
Bird Law is here to stay, and there is no doubt 
also that after a short time it will be accepted 
with a good heart by the country at large, and 
will be universally respected. 
Mr. Shiras’ brief on this subject is the most 
valuable contribution to its literature, and ought 
to be read by everyone who is interested in our 
birds. 
WHAT IS THE USE? 
What is the use in legislatures enacting laws 
for the protection of fish and game if those laws 
are not enforced? What is the use in the ap¬ 
pointment of game constables, who are laggards 
in the performance of their duties and perhaps 
wink at violations of the laws, which it is their 
special office to enforce? What is the use in the 
formation of fish and game protective associa¬ 
tions, which are not protectors of fish and game, 
and whose only business is eating and drinking 
and shooting glass balls and pigeons of flesh or 
clay? What is the use in two or three earnest 
men bestirring themselves to organize a club 
which starts with the honest intention of enforc¬ 
ing protection, when none of the twenty or thirty 
or fifty members besides themselves will do aught 
but sit still and grumble at what is done by them, 
and tell what should be done, what they would 
do! Well may these faithful few ask this ques¬ 
tion, when their associates, after the first warmth 
of the club’s new life has vapored itself away, 
grow cold and stand aloof, never helping, but ever 
finding fault, and perhaps are known to break the 
laws which simply as good citizens they are 
bound to abide by, and have also given their word 
of honor to uphold. 
Laws unenforced are worse than no laws, and 
worse than useless; so are unfaithful officers, and 
so are societies living only in name, and so are 
cold or only lukewarm members of societies, from 
which the living spirit has not entirely departed, 
and pretenders and hypocrites ten times worse. 
But it is always of use to urge the enforcement 
of good laws, the appointment of faithful officers 
to back them with aid and sympathy, to believe 
that laws were made for our observance as well 
as that of others, to endeavor to arouse the apa¬ 
thetic and instruct the ignorant, always of use to 
preach earnestly, and above all to practice as 
faithfully as we preach earnestly. 
Preach to all men, practice, practice, PRAC¬ 
TICE ! whether the eyes of men be upon you or not. 
THE WOLF IN MAINE. 
One bob cat track does not make a wolf, al¬ 
though it may serve as the basis of jommunity 
rumor and subsequent newspaper report of the 
presence of Canis lupis, that foe of the pioneer 
sett'er. People in the remote sections of Pisca¬ 
taquis county, Maine, are bringing in stories of 
mysterious tracks and tell-tale indications of the 
return of wolves after many years’ absence or 
supposed extermination. Nobody seems to have 
seen one in the flesh as yet, although the prover¬ 
bial “old trapper” and men of pioneer memories 
are certain that the fauna of Maine now includes 
the wolf. Perhaps they are right, but the aver¬ 
age shepherd dog is a pretty good imitation of 
his wild brother of the woods, and something 
better than tracks in the snow will be needed to 
convince the incredulous. It would not be im¬ 
possible for wolves to exist in Maine, for Lupus 
would find there much food to his liking, and the 
wolf is not such a hater of human civilization 
as to disappear simply because he gets the whiff 
of a human being occasionally. In brief, he is 
not scared off; he usually disappears because the 
settler exterminates him. 
In Europe—in communities that have been 
thickly settled for centuries—the wolf makes his 
appearance when the rigors of winter starve him 
into forays against the farmer’s flock. The 
chances that Maine will be called upon to pay 
much bounty for destroyed wolves are, neverthe¬ 
less, extremely doubtful, and so far as the sum¬ 
mer visitor or camper may be concerned, this 
paper is quite willing to write without charge an 
insurance policy against the destruction of any 
human vacationist’s life through attack by wolves. 
As a matter of fact we will go further, and offer 
a life subscription to Forest and Stream to any¬ 
one who will produce unimpeachable evidence of 
having seen a wild wolf in Maine this year. 
ALABAMA BIRD DAY BOOK. 
The Alabama Bird Day Book by Hon. John H. 
Wallace, Jr., state game and fish commissioner, 
has just reached this office. It is an attractively 
got up book of eighty-eight pages, illustrated with 
a large number of handsome color plates showing 
the principal birds of the state, and intended for 
use in the public schools. 
In it is presented a suggestive program for 
school use on “Bird Day,” for which Friday, May 
1st, has been set aside by the state superintend¬ 
ent of education. Besides descriptions and illus¬ 
trations of the various birds, the book contains 
a wealth of ornithological information, and is in¬ 
terestingly lightened up with verses and short fic¬ 
tion articles which are calculated to stimulate 
the youngsters’ interests in the subject. 
Some of the feautres embodied in the work in¬ 
clude a biographical sketch of John James Audu¬ 
bon, articles on the preservation of animal life, 
fashion's cruelty, spring shooting, and a resume 
of the state game laws. While primarily in¬ 
tended for school use, the book is bound to prove 
of interest to all bird lovers. 
The game and fish department of Alabama is 
supported entirely by a fund derived from the 
payment of hunting licenses, fines, penalties and 
forfeitures, out of which the salary and ex¬ 
penses of the commissioner are paid. Mr. Wallace 
has succeeded in accomplishing this, and more¬ 
over he has placed in the state treasury $32,951.69, 
a net profit to the taxpayers of the state. 
