The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-12-14
Serious 0ffense Against U. S.
Statutes Now to Kill Song
Bird-Fine and Imprison-
ment Prescribed by New
Legislation.
nr JAMES B. MoRRow.

by JAMES b. MORROW.
No matter when-make a note of III
conjunction-how, or where, 1t has be
come serious offense to kill a black
bird, a robin. or songsparrow. The pei
son who does so may have to pay a fin
of 800 and go to Jail FOR ninety days.
Within the shadow Of the Stars an
Stripes every insect-eating bird now find
refuge from men armed with guns an
from boys armed with sings, clubs, an
stones The laws of the country at las
protect all feathered creatures as wei
as all human beings.
1t is a crime against the State for on
man to murder another. Here the unlaw
full act is local. 1t is a misdemeanor
by statute of Congress, to destroy tn
life of a bird. unless the bird is killed ii
season and is good for eating. Here tn,
unlawful act is national.
The flag, accordingly, follows all bird
in their peregrations. They are not Il
be shot, trapped. or injured in theii
spring flights to the North or their au
tumn journeys into the South. Nor arr
they to come to harm while nesting IL
ones lawn, orchard, or forest They are
interstate travellers and citizens and az
such are wards of the nation.
Game birds, Of course may be killed
at stated times duly specified They
include ducks, geese. quails, pheasants,
plover, and so on. But Congress has al
so given them new safeguards. The laws
of the States are still operative, but the
laws of Congress are paramount.
A man with a gun, or a boy, either,
may at once offend both the State and
ration. Persons with guns, therefore,
had better draw their shells until they can
inform themselves as to their rights and
the rights of their winged fello- -
itants.
The Flag Over Every Birds Head.
So doing they will learn that song birds
and insectivorous birds-the bluejay, the
thrush. the cardinal and even the owl
and the crow-cannot be killed at all.
The catbird calling in the tree has now
the guardianship of no less a person than
the President of the United States.
The protection of the President. It is
needless, perhaps, to say. is indirect. He
works mostly through agents. 1t would
be impossible for him 10 watch the birds
and the trusts: the counterfeiters and
the railroads; the moonshiners and the
bankers; the smugglers and the manu-
facturers. There are seasoned men for
the older ioDs-detectIves lawyers and
the like. Col Joseph Hayes Acklen has
been chosen to represent the President
in the new law about the birds.
\ better man could not have been
found. At all events such was the testi-
mony of the game wardens and the
OrnothOlogists of the country, many Sem
atOTs in Congress and the members of
the Tennessee legislature Everybody
who knows anything about birds-game
or sOng-petitioned the Secretary Of Agri-
culture to give the enforcement of the
recently enacted statute into the wise and
energetic management of Col Acklen.
Years ago Col Acklen was a sports
man. He has hunted snipe in Florida
and grizzly bears in the Rocky Noun
tains. The fast vanishing game of the
country turned him into a student of
causes. In time he became an ornothol-
ogist A conservatiOnist. possibly, would
fit his case more accurately than would
any other name. He is not only the
author of the game and fish laws OF
Tennessee, but of its forestry laws as
well.
Tho Acklens, ancientIy. were hunting
FOLK. a history of the family can be
round in Burkes "Peerage and Baron
atage.' The Virginia branch of the fam
lily kept hounds and rode after foxes.
J. A. 5. Acklen. father of Col Aclxlen.
hVed on a great estate in Tennessee. He
spent about 100000 on the property.
There in his own home forests, Col. Ack-
len learned TO hunt and to study the
habits of birds and animals.
Guardian of the Nations birds.
After attending two European uniyer-
Stiles he returned to Tennessee and was
professionally educated at the Lebanon
Law School. He practiced many years
at Nashville, railroads being among his
clients and became president of the
state Bar Association. At the age of
twenty-five he was a member of Con-
gress, coming to Washington from
Louisiana, and serving two terms in tba
House of Representatives.
For long time, however, Col. AckIen
mas devoted himself almost entirely to
game, fish, and forest conservation. He
has written numerous articles on ornoth
ology. fish culture, and field sports. In
1872 he was elected president of the Ma
tionai Association of Game and Fish Com
nissioners, having previously been gen.
eral counsel of the organization for MANY
years. A man of wealth, he has given
much OF his life, without pay, to the
work he loves, in the belief that he &c |
performing necessary public service.
1t viii be Col. Acklen's duty to see
that the new law protecting all kinds of /
birds is obeyed. He will cooperate with
The game wardens of the various States. /
and in time will send force of national |
agents into the field. The people every |
where will understand, in one way or
another, that birds can no longer be /
-uthlessly slaughtered by market hun
-ers, game hogs or boys. Even the
lumblest bird in the smallest tree-the
Wild canary, for exampIe-has the guar
iianship now of Uncle Sam.
The migratory bird law" Col. Acklen
aid TO me, was a long while getting
INTO the statute book, but II is in force
tnally, and will save a part. at least, of
he fast-disappearing wild life of the
country. The law was passed none too
'oon. Congress has dealt with birds iust
Is if they belonged to the nation and not
o the separate States That, of course.
vas the only way in which Congress
,ould act upon the subject The ma
ional government cannot control a rail-
Dad that begins and ends within a
state. 1t only has power over roads
ARRIVING interstate passengers and freight