The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-08-15
BIRDS WERE SEIZED
WeIIs-Fargo Co. TO Be Prose-
cuted for Shipping Flower.
UNDER THE LACEY ACT
Open Season for Grouse and
Chicken Begins Today.

i o. B. Stocker, chief warden of the
League of American Sportsmen, and Po-
liceman Remspeare coniscated an ex-
press package containing seven dozen
plover yesterday morning at the Wells
Fargo express Office and the express COM
pany will have to answer charges for the
violation of either the Lacey act or the
state game law, and perhaps for violation
Of both.
Yesterday morning a suspicious looking
box assigned to NJ. Judy, st. Louis, was
discovered at the express office at the
Santa Fe yards and Warden Stocker was
telephoned for. Together with Officer
Remspeare, who, with all policemen, is
| appointed under the state game law a
game warden, he went TO the express Of
fee to secure the package. The agent
made no great objections and the box
was taken to the police station, where
1t was opened and the contents examined.
| The box was found to contain the bodies
OF seven dozen plover, which were con-
| fiscated and given to the two hospitals
| in this city.
The identity of the shipper has not been
| discovered, but Mr.. Stocker said yester-
day that the WeIls-Fargo Express COM
pany would be prosecuted for accepting
the shipment. Under the state law it is
unlawful for an express company or any
| agent, employe or manager of such COM
pany, to accept for shipment plover and
several other game birds of this state.
The Lacey law also prohibits the ship
| ment in Kansas, and where it is lawful
to ship these birds it specifies that the
| package must be plainly marked with the
name of the shipper and the nature Of
the contents. The penalty for the viola
ton of this may be high as 500 and
! costs. AS it is alleged that the only mark
| ings on the package of plover found at
| the express Office yesterday was the name
| of the assignee. IN. Judy ST. LOUIS it
| may be seen that the express company Is
| placed in bad predica ment.
| Warden Stocker said yesterday: I'm
/ less the express company enter a plea Of
guilty today and pay their fine. 1 will
swear out United States warrants for
| them under the Lacey act tomorrow. We
| have evidence to convict them on several
| counts if we shall deem it necessary. The
violation of the game laws must be stop
ped. We know of other parties who are
violating these laws by shipping game
and are now collecting evidence against
them. We wish to make examples OF
| those who are found violating the laws
and several arrests will be made SOON"
| There are many people who do not know
that they lay themselves liable to
heavy fine whenever they ship prairie
| chicken. grouse, quail, plover, phessants.
| turtle doves, wild geese. wild ducks or
wild brant out of the state at. any time
! of the year, even though it be during the
| open season. Until this year it was not
| unlawful to ship ducks, geese and brant
out of the state but the amendment made
to the game law at the last regular ses-
sion of the legislature added these birds
to the list.
The season for the shooting OF prairie
chickens and grouse opens today. Sports
men will be allowed to kill these birds
for the next six weeks. till the first Of
October. This is now the open season for
doves, prairie chickens, plover and
grouse. The season for wild ducks, wild
geese and wild braut does not open till
September l.
Sections of the Kansas game law, re-
garding the open season and prohibiting
the shipment of game birds are printed
below:
Be it enacted by the legislature of the
state of Kansas:
Section l. That section I. chapter 223 OF
the laws of 1901. be amended so as TO read
as follows: 1T shall be unlawful for any
person or persons at any time. except as
hereinafter provided, to hunt, catch. Kill,
pursue. entrap. or ensnare any partridge,
pinnated grouse, prairie chickens, grouse,
quail, plover pheasant, oriole. meadow
lark. robin, thrush, red bird, hooking
bird, bluejay. bluebird, wild ducks. wild
geese and wild braint: provided, it shall
not be unlawful to shoot grouse and prsi-
RE chicken from August Is to October 1,
doves from August l TO September Is.
plover from July 10 to September 10, wild
ducks. wild geese and wild brants from
September l TO April % of each year;
provided, further. that this act shall not
prevent the owner of orchards from
shooting bluejays and orioles at any time
for the protection of such orchards; and
provided, 1t shall not De unlawful 10
shoot quail from November Is to Janu-
airy L.
Section 6.-Buy or Sell.-It shall be un-
law for any person or persons. company
or corporation ar any time 10 buy. sell.
barter. ship or offer for sale. barter or
shipment, within the state Of Kansas,
any bird or birds named in section of
this act. The having in possession by
any person, company or corporation, Of
any bird or birds named in section / Of
this act, except by a person who has
lawfully killed the same, shall be deemed
prima facie evidence of violation Of
this act.
Section 7-Common Carriers.-It shall
be unlawful for any railroad. express or
transportation company or corporation,
or any agent. employee. or manager OF
such company. 10 accept within the state
of Kansas. for shipment or transfer. any
OF the birds mentioned in section / OF
this act. The having in possession OF
any OF the birds mentioned in section !
Of this act by any such railroad. express
OF transportation company or corporation
or agent or employee or manager thereof,
shall be deemed prima facie evidence OF
violation OF this act
Section S-Penslty-Any person. or the
manager. agent or employee % any com
pany or corporation found guilty OF VIC
Iation Of any Of the provisions Of this
act. shall be deemed guilty OF misde-
meanor. and upon conviction thereof be-
fore any court OF competent Jurisdiction
shall be fired in a sum not less than S
nor more than slee for each sn6 every