6 
the wood duck had come so late that the species continued to decrease 
rapidly in spite of the law protecting it during the breeding season. 
In 1906 the killing of this bird was prohibited at all times for five 
years, — an attempt to stay its extirpation which some other States 
are beginning to adopt. 
The sale of ducks and teal during the close season is now unlawful, 
but only resident black ducks, wood ducks and teal receive any real 
protection from our game laws to-day, and they receive very little, 
for when men are in the field with guns in their hands until May 20 
all ducks will be shot. The northern or red-legged black duck and 
all other ducks are protected by our law only when most of them are 
out of the State, and geese can be legally shot at all seasons. Who 
will wonder that such protection does not protect? 
SuHoreE Birps. 
The first protection was extended to shore birds in Massachusetts 
by chapter X. of the statutes of 1821, framed to prevent the destruc- 
tion of birds on salt marshes between March 1 and September 1. 
This act undoubtedly helped somewhat to stay the extirpation of 
several species. But in 1835 the curlews and other larger shore birds 
had been so depleted that a law was passed to protect “plover, curlew 
and dough bird or chicken bird” throughout the State from April 20 
to September 1, at night only. This law failed to give the birds much 
respite, and their decrease continued. In 1836 the sale of marsh 
birds was prohibited during the close season. In 1860 a retrograde 
step was taken in adding July and August to the open season on the 
salt marshes. 
The slaughter went on without much restriction until 1869, when 
all spring and late winter shooting of marsh birds and upland plover 
was cut off by closing the season from January 1 to July 1. This 
was repealed at the next session of the Legislature, and in 1870 the 
law named the close season for marsh and beach birds as April 1 to 
July 15, except that ‘‘Wilson’s snipe, red-breasted, black-breasted and 
chicken plover,” four of the most persecuted game birds, were left 
without any protection whatever. 
From this time forward the law exhibited the usual vacillation in 
regard to dates from year to year, and the birds were protected most 
of the time by our statutes only when out of the State, until 1886, 
when all marsh and beach birds were protected from May 1 to July 1. 
In 1903 the beginning of the close season was fixed at March 1. After 
a fight of several years’ duration, Mr. Geo. H. Mackay, representing 
the American Ornithologists Union and the Massachusetts Audubon 
Society succeeded in securing, in 1904, legislation prohibiting the sale 
of marsh or beach birds during the close season. This was followed 
in 1905 by an act protecting the Bartramian sandpiper or upland 
plover at all times for five years. Before the passage of these acts, 
however, several species of the larger shore birds had been practically 
eliminated from the State. The shore birds have always been inade- 
quately protected, and we still allow them to be shot in summer. 
UpLanp GAME Brrps. 
When the Puritans landed at Plymouth the upland game birds of 
the colony consisted of the wild turkey, the pinnated grouse or heath 
hen, the ruffed grouse or partridge, the bobwhite or quail and the 
woodcock, which spends a part of the year on the uplands and for 
convenience may be classed with the others. All of these birds were 
