The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-16

Nothing could be devised more unwise,
absurd and contrary to the rules Of nature
than the statutes Of the State Of New York,
passed nominally for the protection of the
birds, fish and animals that inhabit our fields,
waters and forests. These laws have become
SO muddled under the conflicting interests of
the game vendors and the game protectors,
aided by the total ignorance of the Legis-
latures which annually disgrace the Common
wealth at Albany, that they fail utterly to
attain their object. The amendments which
are yearly added seem but to make matters
early extinction Of one large class of food,
and the sportsman with the destruction Of the
objects of his sport. Game Of all kinds has
never before been so scarce in our fields or 80
high in our markets; this is partly due to the
severity Of the late winters, but far more to
the homogeneous and ill-digested character Of
the Game laws.
The first and most manifest defect Of these
enactments is their want Of positiveness; they
are loose, unsystematic and liable to be easily
evaded. The main point for them to effect is
limitation on the time of selling game. Birds
and wild animals will not be killed If there is
no sale for them and if the possession Of them
is crime punishable by heavy fine. Some
established period, according as closely as cir
cumstances will allow with the time in which
lures are Tin season." should be determined
on, and during this there should be no restric-
ton on the killing or selling of game; the
period of sale might even be extended beyond
the date when the killing was stopped, in
order to enable market dealers to dispose of
surplus stock but after the prescribed limit
the prohibited species of bird, beast or fish
should not be killed, had in possession
or sold on any pretext whatever, whether it
came from Canada or Kamschatka.
The present law in referring to the wood
duck adds the calculating phrase commonly
called black duck" and in speaking Of gray
duck the words commonly called summer
duck" are appended. As the wood duck is
not black duck at all, but is summer duck,
this provision of the statute is as effective as it
is brilliant. II then goes on to forbid the kill
ing Of swallows, woodpeckers, brown thrushes
and such small game-a prohibition that might
as well be omitted, as it has meyer yet in q
single instance been enforced. Il next makes
q special exception in favor Of counties border
ing upon waters where the tide Gibbs and flows
wherever that may be-to allow cartridges to
be killed in such favored localities on and
after the Sd Of July, when they are scarcely
fedged and not able to fly. There is then
logged in provision Of Scriptural nature,
which, if it should exist at all, ought to have
no place in such statute. Finally, after the
taking Of trout is authorized during the month
Of September, which is entirely wrong, this
budget of blunders closes by excepting from
its provisions all game killed in places where
the laws are different. Let the sportsmen's
committees which are to meet at Albany this
coming winter look to 1t that such statute no
longer disgraces our statute books and urge its
amendment in the particulars which we have
pointed out If something Of the sort is not
done the present scarcity of game will become
famine and our epicures will miss their
haunch Of venison, larded cartridges, broiled
the hospitable board, while the people gene
rally will have to pay an advance on other
food to make up for the deficiency, and the
sportsmen will be selling their guns, dogs,
rods, powder TASKS, shotbags and fishing
tackle for want of use.