The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-13
The Right to Keep Wild Song Birds.


An act for the preservation of song and
wild birds, passed by the Legislature in
1886, provides that no person in any Of the
counties Of this State shall kill, wound trap,
net snare, OF catch any bird OF song, or
any linnet, bluebird. yellow hammer. yell
low bird. thrush, woodpecker, cat bird, Pc
wee, swallow. martin. blue jay, oriole, kill
doe, snowbird, grosbeak, bobolnk, phPbe
bird, humming bird, wren, robin, meadow
lark, or starting, or any wild bird other than
game bird. Nor" says tho law, shall any
person purchase or have In possession. or
expose Tor sale, any such song or wild bird
or any part thereof. after the same has been
killed"
A subsequent statute provides that the
English sparrow, crow, henhawk, OWL and
blackbird are not protected by the act Of
1885, and further declares it to be lawful to
shoot robins and blackbirds on Long Island
and Staten Island from tho Isl day Of No
vember to the 1st day OF January In each
year.
Some time ago game constable in the
Second Judicial district Of this State discov-
cred some Gagged yellow birds for sale at
bird store in Brooklyn and instituted suit
under the act Of 1886 to recover penalty Of
five dollars for each bird The case was
submitted to Presiding Justice BARNARD Of
the General Term, upon an agreed state
ment Of facts, and the Judge has rendered a
decision In favor Of the plaintiff, holding
that 1t Is unlawful to have live yellow bird
In ones possession or offer 1t for sale.
The argument Of the counsel for the de-
PENDANT was that the language which we
have quoted prohibiting the possession or
exposure for sale Of any song or wild bird
applied only to such birds as had baen
killed, and not to living birds, and the
letter OF the law certainly seems in &C
cordance with this view; but Judge BARNARD
probably thought that broader interpreta-
tlon was justified by the purpose OF the
statute, which undoubtedly was to prevent
the capture OF song birds upon any pretence
whatever.
There seems to be concerted effort on the
part OF the authorities on Long Island at all
events, to enforce the laws against the
destruction Of song birds. We find In the
Suffolk Bulletin published at Huntington,
the following letter from the game constable
OF that town:
inRton Union School, the suggestion OF their teacher
arc engaged during their leisure hours In collecting
DrdS eggs OF AZ many different species OF birds 1t Is
possible for them to get
chapter oJA OF the Laws of 1879 says ANY person
who shall rob or destroy the nest of any song or wild
BIRD excepting croVL hAwkA owls and blackbirds
shall be deemed guilty Of misdemsanor and In add.
ton thereto shall be liable to nns OF IS for each Of
fence
Any person knowing OF any party or parties who
hayA Wiz lnNa NhaI
guilty party will confer favor. / will arrest and
prosecute them 10 tho fullest extent of the law Rsspe
fully yours "E 4 TERRY
Game Constable of Town OF Huntington"
1t will be noticed that the constable refers
to statute OF 1879 as prohibiting the rob-
berry or destruction Of birds nests. That
statute appears to be still In force, although
the later act OF 1885 contains important pro-
visions relating to birds nests. In addition
TO tho prohibition against the killing or
catching OF wild song birds as already men
toned, 1t declares that no person shall take
or needlessly destroy the nest or eggs OF any
song or wild bird. Provision Is made, how
ever for the issue Of certificates to collect
birds eggs =" for strictly scientific purposes
only" These certificates may be granted
by any Incorporated society OF natural his
tory in the State to persons not less than
eighteen years Of age who shall present
written testimonials from two well-knoWn
scientific men" certifying TO the good char
acter and fitness OF the applicant person
desiring the privilege OF collecting birds and |
eggs must also file bond for his good con-
duct In the sum Of two hundred dollars with |
two responsible citizens rs suretles. Tho |
thus obtainable is good for ono |
year only, and cannot be transferred.
1t will be seen, therefore that the teacher
Of the Union School at Huntington will have |
to take good deal OF trouble II no wants his |
pupils to study natural history by collecting |
birds eggs His effort to interest them In |
the plants and animals OF the district in
which they live is praiseworthy, but OF |
course II 1t Is against the law 10 collect birds
eggs they must abstain from that method |
OF acquiring scientific knowledge. 1t would
NOT DO bad Idea for him to obtain eeTtta,