9 
the wild pigeon, except for their smaller size, and are often mistaken 
for it. There seems to have been no attempt to protect them until 
1879, when they were presumably included in chapter 209 among 
the “other undomesticated birds, except birds of prey,” etc., not to 
be killed at any time. This, however, gave them scarcely any im- 
munity, as they were mistaken for wild pigeons, and are still shot by 
gunners when opportunity offers, notwithstanding the fact that a 
provision inserted in chapter 414, Acts of 1905, specifically protects 
them at all times. 
Non-GAME Birps. 
The Indians did not kill small birds, nor did the settlers disturb 
them. So long as deer, turkey, grouse, wild fowl and shore birds were 
abundant the smaller game birds, the herons and other fish eaters, 
and the song birds were safe from molestation by man. But in the 
first half of the nineteenth century, when the larger game grew rare, 
gunners and boys began shooting woodcock, snipe, robins and larks, 
and the act of 1818 was found necessary to protect these birds in the 
breeding season. From that time complaints appeared periodically 
in the press regarding the conduct of boys who shot small birds. 
Within the past twenty years immigrants from Italy have become 
very destructive to song birds. Until recent years there has been no 
provision protecting the eggs of birds. The gunners and eggers had 
driven away most of the sea birds from their breeding places along 
the coast, and the business of procuring the eggs of birds for collectors 
had assumed considerable proportions. Finally, in 1869, the taking 
or killing of all undomesticated birds not otherwise protected, except 
hawks, owls, crows, jays and gulls, and the taking of birds’ eggs, 
except those of the birds above mentioned, was prohibited, but a 
proviso was inserted allowing the killing of birds or the taking of eggs 
under permit for scientific purposes. This tended to limit the work 
of the professional egg collector, but it failed to protect the gulls and 
terns, the plumage of which was eagerly sought by the milliners. Many 
thousands of these birds were killed on their breeding grounds and 
the young left to starve. 
At last, in 1879, when the diminution of these birds had become 
painfully evident, partial protection was given the birds by establish- 
ing a close season between May 1 and September 1. In 1881 the 
season was shortened. In 1886 it was extended, and so on. 
Finally, in 1901, the smaller gulls and the terns were protected 
by law at all times. The terns of Massachusetts undoubtedly would 
have been exterminated long before that time but for the efforts of 
Mr. Geo. H. Mackay and his associates in securing protection for 
them on their breeding grounds on Muskeeget and Penikese islands. 
In the meantime, the least tern or sea swallow was nearly exterminated 
from Massachusetts. An open season on the larger gulls was main- 
tained until 1907, although every other Atlantic coast State which 
they inhabit had previously passed laws protecting them at all times. 
Herons and bitterns never had any specific statutory protection 
in this State until 1903, when the great blue heron had been virtually 
driven out of the State as a breeder, and was rarely seen except during 
its migrations, and the smaller herons had been greatly reduced in 
numbers and most of their heronries broken up. It is now unlawful 
to kill them at any time, except when in the act of catching trout 
artificially confined. Already night herons are increasing in some 
localities, owing to the beneficial effects of protection. 
Hawks and owls never had any protection in this State until the 
