96 
FOREST AND STREAM 
THE MIGRATORY BIRD LAW. 
HAT degree of activity may we expect 
from the Federal authorities in the way 
of enforcement of the migratory bird 
law from now on? The closed season is at 
hand and spring shooting time is near. The most 
ridiculous phase of the situation is that many 
people—and particularly those who wish to break 
the law—regard the migratory bird law as un¬ 
constitutional, because some ambitious village 
Dogberry in Arkansas said so in turning loose a 
man who had shot a few birds out of season. 
Let us carry this analogy to a logical conclu¬ 
sion, even though some of our more learned 
readers of legal attainments and knowledge may 
scoff. Suppose that some citizen should suddenly 
decide that the Income tax did not apply in his 
case, or that, mayhap, he could not be compelled 
to put revenue stamps on his product, or in 
similar manner he might evade other require¬ 
ments of the Federal law. Suppose, to go into 
higher comparison, some railroad should suddenly 
make up its mind that it need not follow the 
provisions of the Interstate Commerce act. 
If any of these suppositious cases became real, 
and some lower court should decide that the man 
or corporation was right, would the Federal 
Government at once suspend enforcement of these 
laws and render them inoperative until leaden- 
heeled Justice should have delivered her final fiat? 
Not exactly—not while your Uncle Samuel 
possessed the strength in his good right arm, as 
represented by his prosecuting forces, to reach 
forth and grasp these offenders metaphorically, if 
not literally, by the scruff of the neck and lay 
them by the heels. 
Yet somebody has started the idea that because 
an Arkansas justice of the peace has overridden, 
by means of the mysterious reasoning processes 
of his own mind, the dictate of Congress and of 
the President—the dictate really of one hundred 
million people—then the migratory bird act must 
he suspended in operation and, ergo, everybody 
is to have a chance to slaughter ducks this com¬ 
ing spring, law or no law. 
If the Federal authorities do not mean to en¬ 
force the migratory law, it is because they do 
not wish to perform their duty, and officials who 
seek that avenue of escape are as much subject 
to other laws governing inefficiency or dereliction 
of office as the humblest citizen who transgresses 
a local ordinance. We hope that the hundreds of 
thousands of sportsmen in this country who be¬ 
lieve in the migratory bird law and want it to 
be enforced, will see that a few red-tape depart¬ 
ment officials or servants are not allowed to 
shirk their work. 
The migratory bird law is the best piece of 
legislation which the real conservationists and 
sportsmen of this country have ever been able 
to obtain. If enforced it means the preservation 
of wild bird life indefinitely in the future. As 
an illustration of its wide-reaching and beneficial 
effects, we maintain that the migratory bird law 
of itself is sufficient to drag the people of Cali¬ 
fornia partially out of the mess they have gotten 
themselves into through voting under misappre¬ 
hension the legalizing of the sale of game in that 
state. The man who exposes a wild duck for 
sale in California during the coming spring 
should be apprehended for the offense under the 
terms of the Federal act; the man who shoots the 
duck and the railroad which transports it should 
also feel the heavy hand of the law. 
Do not let some Federal service official tell you 
that the migratory bird law is a dead letter. If 
he won’t act on evidence at hand, write his im¬ 
mediate superior about it; and if that official in 
turn does nothing, keep on writing even if you 
have to address the President of the United 
States directly. 
BUT — 
HILE the migratory law, being a law, must 
be enforced, this does not mean that those 
who are not in agreement with its pro¬ 
visions should be afforded n'o opportunity of ask¬ 
ing amendment. The way to secure amendment 
nevertheless is not hastened by violation. Oin the 
contrary the best way to repeal an objectionable 
law, quoting the words of General Grant, is to 
enforce it. The best way to amend a law also is 
to enforce it, and we trust that the sportsmen of 
the middle west, who are said to be more or less 
in revolt against the law, because it places them 
in the wrong zone and therefore deprives them 
of all shooting or at least any shooting when 
ducks are thickest, will think twice before hold¬ 
ing that the law is inoperative. Any real griev¬ 
ance they may have can be legally adjusted and if 
injustice has been done 'them, the square-dealing 
people of the country will be on their side. Let 
the sportsmen of the middle west agitate the 
question of amendment in every possible manner; 
that is perfectly proper, but as long as the law 
remains a law, it ought not be broken. That 
course will help nobody, and least of all the very 
men who are now working for a more reasonable 
interpretation. 
BRER BRYAN AND BRER RABBIT. 
UR distinguished Secretary of State has 
brought himself within the possibility of 
the law by going rabbit hunting in Virginia 
on Christmas Day. It seems that one cannot 
hunt rabbits in Virginia while the ground is 
covered with snow, but Mr. Bryan, not being 
familiar with this fact, shouldered his more or 
less trusty or rusty gun on- Christmas morning 
and went forth for a little recreation. Poor man, 
between war in Mexico and war elsewhere, not 
to mention the million other cares and worries of 
office, he no doubt needed a few whiffs of fresh 
air, and none would have begrudged him a bunny 
or two had be been fortunate enough to have 
encountered one. But Brer Rabbit “he lay low,’’ 
and the Secretary of State came home gamely 
enough, but gameless. 
Now, on more than one occasion we have had 
as visitors in the editorial offices of Forest and 
Stream gentlemen from Virginia, who have 
sworn to us solemnly and even profanely that 
the man is not living who can interpret the Vir¬ 
ginia game laws correctly. Some of these careful 
students have even expressed to us their candid 
opinion that the statutes were drawn by men 
whose knowledge of hunting was confined to the 
midnight chase of the illusory and yet deadly 
rabbit of Welsh extraction, with its side accom¬ 
paniments, and that the application of this 
knowledge must have been made immediately 
after, or the morning after, such experiences. Be 
that as it may we hope, even though it comes 
perilously near condoning the breaking of game 
laws, that Mr. Bryan may be allowed to go 
bunny hunting whenever he feels like it, snow or 
no snow on the ground. A man as zealous as 
Brother Bryan has shown himself to be in guard¬ 
ing the Dove of Peace against being popped at by 
enemies, deserves the luxury of being allowed to 
do a little popping himself at other forms of 
game, occasionally. 
STARVATION OR THE SHOT GUN. 
ROM all parts of the country we hear com¬ 
plaints from non-sportsmen and women 
decrying the killing of game birds by the 
shooter. In Massachusetts it is the pheasant that 
shoot is exterminating, in Pennsylvania the cry 
is for the ruffed grouse. Apparently these laymen 
-and women do not stop to realize that lack of 
fbod, caused by cold weather and snow is killing 
more game birds than are the gun users. We find 
only a few instances where these -self-styled game 
protectors have gone into the woods and fields 
and fed the birds. This is something that man 
or woman could do with little expense and effort, 
yet it is not done. The pestiferous English 
sparrow will fly to the window sill for crumbs 
but the game bird must have the food taken it. 
It is easier to complain of the sportsmen as the 
game destroyer thus justifying a conscience that 
should be guilty for not helping preserve the bird 
supply than to get out and feed the starving 
feathered sufferer. Pennsylvania birds, particu¬ 
larly, need food, the winter has been unusually 
severe. 
DEATH OF MARY ORVIS MARBURY. 
Editor Forest and Stream : 
The angling guild will be sorry to learn of 
the death of Mary Orvis Marbury, which oc¬ 
curred at Manchester, Vermont. She had not 
-been in her usual good health for a few months 
previous to her passing away, which was finally 
caused by congestion of the lungs. It seems but 
a very short time since I sat up with her half 
the night revising an edition of -the copy of -her 
famous book, “Favorite Flies.” 
The fame and popularity of the “Orvis” arti¬ 
ficial flies was due to the skill and intelligence 
of Mrs. Marbury, who superintended every 
phase of their construction before they were 
packed for sale. She personally examined every 
fly, and permitted no one to apply the shellac 
to the head of the fly but herself, so that no 
particle of the shellac should touch the snell, 
which would otherwise be made water -proof, 
and remain brittle, while the rest of the snell 
was soaked and pliable when fished. While 
apparently a very small matter, none the less it 
was of vital importance. 
Her father, Charles F. -Orvis, of the Forest 
and Stream “Old Guard,” is now in rather 
feeble health, being upward of eighty years of 
age, and will soon cross the dark river, to the 
regret of his many friends. The memory of 
Mrs. Marbury will long remain green in the 
hearts of all good fly fishers. 
JAMES A. HENSHALL. 
