Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-05-02

tion. The dove, meadow lark robin ,nnd
flicker are no longer considered game birds
and, therefore, are protected at all times
Let all boys who have guns, or mania for
collecting birds eggs or nests, remember
that it will cost them $40 to hunt on sunday,
SIS to kill bird, S. to take nest, and $5
to take an egg.
During the past few months the Legisla-
lures of a great many Stutes have passed
excellent laws for the protection OF non
game birds. These laws are supplemented
by the Federal law known as the Lacey act.
DIR. L, S. Palmer, of the Department OF
Agriculture, has set forth the relation of
these bird laws so clearly in recent article
in 'Bird-L that we take the liberty OF
giving 1t in part:
Adequate laws necessarily torn the
| foundation of effective bird protection. But
| it is not enough merely to enact laws they
must be enforced and doubtful points must
be settled by the courts. The bird laws OF
the United States, usually called game laws.
are of two kinds (a) State or local laws and
| lb) Federal laws. State laws prescribe the
kinds of birds which may or may not be
killed, the time and manner in which they
lnay be taken, and the purpose for which
| they may be captured. Thus the Illinois
| game law defines game birds and prohibits
the killing of other birds at any time. In
| providing for game 1t fixes definite season
for shooting quail and ducks, but fofbids
the killing of ducks at any season from a
| sailboat, with a swivel gun, or after sunset ;
furthermore it declares that it shall be I'M
lawful TO capture quail In the State for sale.
or to ship to other States except under
license In all these matters the State is
supreme and violations of Its laws are
tried In the State courts.
THE Federal law, commonly known az
the Lacey act, or the act of May 25th, 1900,
deals merely with tho shipment OF birds
from one State to another and the importa
ton of birds from foreign countries. 1t IL
general In its provisions and does not men
tion special birds, but nevertheless supple
ments the State laws very effectually. Thu
IL State prohibits the killing of an!
particular bird, the shipment of the bird GU
of that State Is an offence under the Fedora
law and the shipper, carrier, and consignee
each or all, may be prosecuted in the uniie'
States courts.
. Some of the principles on which thes
laws are based may be stated very simply a
follows:
"(a)-State laws.
Il. All wild birds are the property of tn
State, hence:
'2. Killing birds is a privilege, not
right.
) 90. State ownership of birds carries wit
) it the right to impose restrictions, hence
, "A. Birds may be captured, possessed
i transported, bought or sold only under sue
= conditions as the State prescribes.
IS. Landowners have no more right :
|
unless the law specifically grants this priv
s lege.
. "(b) Federal law.
sc. Birds are protected by the Federi
law only when shipped from or into Stat
which protects them by local law.
~. Birds killed or shipped contral
i to law in pny State cannot lawfully
J. transported to other States.
It ''9. Birds brought into State becom
n subject to Its laws in the same manner an
= to the same extent as birds produced in thI
: State.
g 80. Packages of birds shipped from Of
u State to another must be marked so as
II show the name of the shipper and the natu
1t of the contents.
l. 40. Foreign birds can be imported I'M
m the United States only under permit fro
N the United States Department OF Agricu
= ture, and birds declared injurious by ii
70 Secretary of Agriculture cannot he import,
IL into the United States or shipped from OF
or State to another
IS The following facts will show the need
,t renewed efforts to preserve our song bird
A. "a dealer in London received last ye
i from the East Indies 100000 hummii
- birds, 5000 birds of paradise, and soil
D 400, 900 miscellaneous birds, In one auctio
1. room 10 London, within four months, ov
10 800 900 East and West India and Brazilil
le bird skins and thousands of pheesants al
a. birds of paradise we're offered for sale.
10 Is said that in England alone betwe
4, 25, 900, 900 and 30 000,00 birds are import
ir yearly, and that for Europe the numb
D. reaches 100, 000 900. Hence the fashional
desire for birds leads to the annual dema
IL of between 200,000,O00 and 800,0Oo,C
a. birds"