Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-11
BETTER BIRD LAWS.
Congress Is Urged to Take
Over Their Protection.
STATES NEGLECT TO- ACT
Amendment to Constitution May Be
Necessary to Give Congress
Needed Power.

John 3. Burnham, president of the
American Game Protective and Propaga-
| ton Association, and William S. Haskell,
F, its counsel. have been in Washington
stirring up new interest among members
OF Congress In the passage Of law for
the protection of migratory birds.
They held a long conference with Sena-
! tor Mclean, chairman Of the Senate COM
| mittee on forest reservations and protec-
ton OF game, before which committee
bills promoted by the association are now
pending, in an effort to get some action
on the measures. Senator Mclean has
since announced that the committee will
grant a hearing on the question in the
near future.
Hold Protection Necessary.
Enlightened sportsmen throughout the
| country, the officials Of the American
Game Protective and Propagation Asso-
| citation say, agree that a bill providing
federal protection for migratory birds is
| necessary to prevent the speedy and total
extinction of certain migrants. They
point to at least two cases-that Of the
wild pigeon and the esquImau curlew-in
which shooting during the breeding sea-
son has resulted in humiliation. The
WOOOCOCh anu WOOu uuCh cIc
date danger Of a like fate, they added, as
result of unrestricted shooting.
Of the twenty-four varieties Of ducks,
geese and swans breeding without the
borders Of the United States. the wood
duck is said to be the most distinctly q
resident of this country. Protection for
this bird would be sure to result in its
increase, for 1t seldom leaves the con-
fines of the Union. Many other species
which have been driven from their former
breeding Grounds un9ld Ctn N the states
again, it is commended. if on their arrival
in the spring they were not greeted with
deadly fusiliades which compel them to
continue northward
fuse adequately to protect migratory
birds, it is contended, the only way their
determination can be prevented Is for the
national government to do SO.
Would Change Constitution.
Senator Mclean has been pushing
such legislation, by introducing both a
resolution and a bill. The resolution pro-
poses an amendment to the federal Con-
stitution specifying that Congress shall
have power. to protect migratory birds
and prohibit and regulate the killing
thereof. Congress shall have the power
to enforce this article by appropriate
legislation
1t has been contended by many that
Congress has not the power to regulate
the protection of BIRDS because that is
a matter of purely state action. Others
have taken the view that migratory birds
and nearly all are in that class because
Of their pilgrimages in the spring and
fall-are to be regarded like interstate
| commerce, not confined to the borders Of
any one state and therefore proper sub
ject to federal regulation.
Senator McLean's bill is based on the
view that migratory birds are subject to
protection by Congress and declares that
1T shall be unlawful for any person to
kill or capture any wild goose, wild swan,
wild pelican, wild crane, wild duck. snipe.
plover, woodcock or rail, from January
10 to August Is, inclusive, of each year."
For violation Of the law the punishment
is to be fine of not less than $1O0 and
not more than $1,000 and. upon second
conviction, to Imprisonment for not less
than thirty days and not more than six
months.