Results of Special Protection to Gulls and Terns Obtained Through the Thayer Fund

Home , Gelochelidon

34 DUTCHER•Prolech'on of Gulls and Terns. [-Auk[_Jan. as moo are sometimescaught in one setting of the net, largely Song Sparrows and Yellow-throats. In Arkansas Mrs. Stephensonand Mrs. Sara T. Thomas have been very active in distributingbird protectionposters to the sher- iffs, school superintendents,mill owners,etc., a work that cannot fail of goodresults. Mrs. Florence Merriam Baileyurges the same plan of actionamong the ranchesof the southwest. She found at Carlsbad,New Mexico,great flocksof wadingbirds of all sortsin the irrigated fields, and to anyonein searchof either plumesor game, wholesaleslaughter would be an easymatter. "The indif- ference and ignorance,"she says, "of the ranchmenin regard to birds makes them largely carelessof their destructionand the question suggestsitself: Should more effort be made to reach the ranchmen and farmers with bird protective literature? This might perhapsbe done in the East throughthe grangesand in the •West through agriculturaljournals." On the whole,the presentstatus of our work is most encourag- :ing, and in closing I can only urge those who are aiding us to •continuetheir support,feeling surethat the resultsamply justify ,our efforts.' WITMER STONE, Chairman .4. O. (f. Commitlee on the xProteclion of Worth American Z13ds.

RESULTS OF SPECIAL PROTECTION TO GULLS AND TERNS OBTAINED THROUGH THE THAYER FUND.

JOlale Z

"!. will not kill or hurt any living creatureneedlessly, nor destroyany beautifulthing, but will striveand comfortall gentlelife and guardand perfectall naturalbeauty on earth."--From JoxesRusK•'s ' Z)eclaralœon.'

T• s•com) year of the specialwork of the Committeeen- trusted with the administration of the Thayer Fund has passed, VoL1902XIX-[ / DUTCH•R,Protectlon of Gullsand Terns. 35 and the results obtained during that period, it is felt, are very encouragingand fully warrant continued efforts. As the work progresses,the field of operation enlarges greatly, and conse- quently demands a rapidly increasingexpenditure of thought, time, and moneyby the Committee. Before entering into the details of the work it again becomes necessaryto speakin the highest termsof the part that has been assumedby Mr. Abbott H. Thayer. The fact that he has col- lected all of the money that has been expended speaksfor itself. It is the most thankless portion of the work, and that portion of it that needs the most delicate handling, and had he not suc- ceeded the whole plan of operation must necessarilyhave been abandoned. The burden of soliciting funds for the proper carry- ing on of protectionwork will soon becometoo great to be borne by one person. Every year immensesums of moneyare given by philanthropic personsto Humane Societies,and to Societiesfor the Prevention of Cruelty to AnimaIs. The American Ornithologists'Union is an incorporatedsociety, national in its territorial scope,and capa- ble of wiselyadministering any donationsof funds or any legacies directed to be paid to its permanent endowment,which has already been commenced. This endowmentfund is to be main- tained in perpetuity and the interest alone is to be used for the protectionof A7orlh•lmerican J•irds. It is unnecessaryat this time to speak of the very great economicand •estheticvalue of the birds; it is a fact too patent to need further comment. An appeal is made to the generousAmerican public to contributeto the permanent endowment fund of the American Ornithologists'Union so that the birds of the countrymay always have given them the protectionthey so much need. Two general lines of work have been followed by the Commit- tee, both of them of great importance,but of widelydifferent character,which.may be designated as follows: Legislative Work, and Protection by Wardens. 36 ])UTCHER•])rofecfz'o•t of Gulls and Terns. •AukI_Jan.

LEGISLATIVE WORK.

Prior to •9o• only five Stateshad lawsfor the protectionof non- game birds that were at all satisfactory;these were:

Indiana, statute dated March 5, •89•. Vermont, " " Nov. 22, •892. Arkansas, " " March •5, •897. Illinois, " " April 24, •899. RhodeIsland, statute dated May 4, •9oo. Thelaws of Indianaand Illinois are substantially the formof statute recommendedby the American Ornithologists'Union, whilethe othersfollow it soclosely that the non-gamebirds receive ample protection when the law is enforced. In this connectionit will be of interestto notethat the passage of the law in the State of Arkansas was the result of the efforts of a memberof the Union• Mrs. Louise McGown Stephenson,who, unaided•was able to accomplishthe much needed reform. In additionto this great work, Mrs. Stephensoninsists that the law shall be respectedby the citizens of her State, and more than one law breaker has reason to remember that the birds of Arkansas have good laws and good friends to protect them. In the report submittedby this Committeeone year ago, the work doneby the wardensemployed was found to have resultedin a large increasein the seabirds breedingfrom Virginia northwardto Maine. Thesewardens, however, were only employedduring the breedingseason, as in noneof the Stateswhere they werelocated werethere any lawsto protectthe birdsafter the breedingseason was over. Inquiry later in the year disclosedthe fact tl•at the plume hunters resumed their work in the fall and winter season, notablyin New York,Massachusetts, and Maine, when many hun- dreds of gulls and terns were killed. Your Committeetherefore decided to make a systematicand determinedeffort to improvethe bird lawsof as manyStates as possible,especially those along the Atlantic seaboard. Beforeattempting to amendthe lawsof a State,it is necessary to makea thoroughstudy of its existingstatutes relating to game Vol.x9o2XIX- .JI DUTCHER,Proleclion of Gullsaud Terns. 37 and non-gamebirds, and alsoto reviewthe legal decisionsmade by the courtsof the State. While the Committeealways usesthe A. O. U. modellaw as a basis,yet it is found that certain modificationshave trJ be made: this work has alwaysdevolved upon Dr. T. S. Palmer,and to his clearand judicialinsight in suchmatters the Union is verylargely indebtedfor the manyperfect lawsthat were passedduring the year 19Ol. A complete new law, or much needed amendmentsto existing laws,were enactedduring the presentyear in eleven States,as follows:

Maine, Feb. I5, I9 øx. Delaware• March 9, •9 oI. Ne•v Hampshire• March 25, i9oL District of Columbia,March 3, I9oL Massachusetts, March 2i, i9oi. Florida, June 4, I9 ør' Connecticut, Aug. x, r9oi. Wisconsin, April 9, I9 øL New York, March i2, i9oi. Wyoming, Feb. I4, I9 oL New Jersey, March 2o, I9oI.

In a numberof instancesit was necessaryfor either Dr. Palmer or the writer, or both, to visit the legislaturewhere our bill was under consideration. It is, however,but a plain statementof facts to say that whenevera carefullyprepared argument was presented to a legislativegame committee, or to the membersat large, showing the great economicvalue of non-gamebirds, and how inade- quatelythey were then protected,that willing and attentivelisten- ers were found, and in most cases the desired law was enacted without any delay further than that required by parliamentary practice,which alwaysvaries in different States. In every State certain modificationshave to be concededto maet the experience or preconceivedideas of its citizens; for instance,the Bobolink (Z)o/ichonyxoryzivorus) of New England,which is there prized as a bird of great economicand zestheticvalue, and is always protected, in the South Atlantic States,by reason of its change in habits, becomesa pest to the rice grower and is classedwith the English sparrowas an outlaw. To give the membersof the Union and the generouscontribu- torsto the Thayer Fund someidea of the amountof laborrequired, and the numberof personsdirectly interested in the passageof 38 ]•UTCI-IER:Protection ofGulls and Terns. L[•AukJan. the elevennew laws,a very brief seriatim statementis herewith submitted: M^i2½•.--A memberof the Maine OrnithologicalSociety was fortunatelyalso a memberof the legislature,and he introduceda bill at the requestof his Society. Dr. Palmer and the writer visited the State capital in Januaryand addresseda joint committee of both housesin the Hall of Representatives. The Presi- dent and Secretaryof the Maine OrnithologicalSociety also presentedthe claimsof the birds,and certainwealthy and influen- tial citizensof' the Stateretained an attorneyto appearin behalf of the bill. The plumehunting interests were represented by one person,who wiselyrefrained from making any statementin view of the very strong array of sentimentdeveloped in behalf of the birds. In the evening an illustratedtalk on birds was given in the Hall of Representatives,to a large and enthusiasticaudience. The resultof the day'swork in behalfof the birds createdsuch a decidedinterest that the bill passedthe House in a few days,and on the following day was passed in the Senate,and on the third day receivedthe signatureof the Governor. The Thayer Fund furnishedi6oo large linen and manila warning notices giving a brief outline of the law and the penalties• which were distributedto every postoffice in the State by the Maine OrnithologicalSociety; they were also liberallyposted on and about all the breedinggrounds on the coast. N•w HAMPSHIRE.- In this State the introduction of the bill and its subsequentenactment into law was entirelythe work of the Audubon Society,aided by a few suggestionsfrom the Com- mittee. The Thayer Fund furnished85o warning notices,which were distributedthroughout the state by the AudubonSociety. The Secretaryof this Society is now actively engagedin seeing that the provisionsof the new law are being carried out, especially along the line of preventingthe sale of the plumageof all wild birds that are protected. MASSACHUSETTS.--J3ythe unaided work of Mr. George H. Mackay, a much needed amendment to the existing laws was carried through the legislature,to wit: that Terns and all Gulls excepting Herring Gulls (JSarusarguehiatus smithsonianus) and Vol.x9o2XIX'] _l DUTCHER,'roecg,'o, ofO,ms a,,a rrn. 39

Great Black-backedGulls (Zarus marinus) are protectedat all times. This amendmentis certainlya great gain, but it is very unfortunate that the Herring Gull is not protected,especially in the winter months when they are so common on the coast. If the AudubonSociety will aid Mr. Mackay duringthe next legislative sessionto have the law still further amended,so that protection will be given the two excepted speciesof gulls, it will closeup the only gap in the protectionof thesebirds in the coastwise Statesfrom Maine to Virginia. In the springof the presentyear a detectivewas sent to' ascertain whether illegal shooting was going on, but none was discovered; evidence, however, was obtained that a number of gulls and terns had been shipped to a dealer in New York during the close seasonin the latter State, and suit was brought against the New York dealer, which is still in court. If a conviction is obtainedthe fineswill amountto over 3•5oo. Later in the year our fellow member, Mr. Howe, made two special trips along the Massachusettscoast to ascertainwhether the law was being observed,and he reported, after a very careful inquiry, that he couldnot find any personsshooting illegally. CONNECTICUT.-In this State an entirelynew and very radical game law was enacted through the united work and influenceof the AudubonSociety, the local branchof the Leagueof American Sportsmen, and our fellow member and committeeman, Mr. J. H. Hill. One section of the law was devotedto the non-gamebirds and is practicallythe A. O. U. model. Immediatelyafter the law went into effectthe AudubonSociety distributed large numbers of warningnotices printed on linen. In this connectionit is a plea- sure to call attention to the very valuable aid given to the advo- cates of the new law by the Hon. A. B. Calkins, Chairman of the Game Committee of the Itouse of Representatives. NEw YoRr.-- The writer, immediatelyafter the openingof the legislature,visited Albany, and by the courtesyof the Hon. Wm. M. McKinney introduced a bill to amend certain sectionsof the game law by substituting the words, "ducks, geese, brant and swan" for the words "web-looted wild fowl," wherever used. The bill successfullypassed both houses of the legisl•.tureand receivedthe Governor'ssignature. The effect of the amendment 40 DUTCHEll,Protect[on of Gullsand Terns. L[-AukJan, was to transfer all of the web-footed birds, except ducks, geese, brant and swan, to the wild bird section, for which there is no open season. The amendmentalso removed by a special clause the grebes and bitterns to the protected class. The Thayer Fund distributed large numbers of linen warning notices in the coastwise counties of the State. The writer, accompaniedby a State game warden,visited all of the cage-bird dealers in New York City. Many of them were found with protected birds in their possessionand suits were at once commenced. In every case but one the dealers paid the fines rather than defend the suit. It most effectuallybroke up the trade in native birds, the dealers now being content to traffic in canaries or imported wild birds. A visit was also made early in October to Wantaugh, Long Island, and a taxidermist's shop wasexamined. Fifty-ninegulls (Zarux delawarenxixand 27.ar•en- lcttuxxmit•sottictltus) were found, some still in the flesh and others in variousstages of preparationfor millinery ornaments. Suit for the sum of •iSiO, fines, was at once co•nmencedby the attorney for the State. Large numbers of the retail milliners and large department stores in New York City have been visited by the writer and a notice calling attention to the law has been served. In many instances the retail dealers returned to the wholesale dealers stock lately purchased,on the ground that it was illegal to have the samein possessionfor sale, and they were unwilling to take any risks of prosecution. It is believedthat only a few of the smaller wholesalehouses still traffic to any extent in gulls and terns, and someof theseclaim that the stockthey are now trying to dispose of was procured before the law went into effect. If this is the case,the dealersare trying to work off upon the womenof the State somematerial that is old and out of date. It is proper to say in this connectionthat there are many wholesalemillinery housesin this city that will not handle, under any circumstances, the plumageof any wild North American birds, notablythe members of the WholesaleMillinery ProtectiveAssociation. N•w JE•s•¾. -- The A. O. U. model law was introduced as a bill by SenatorJoseph Cross at the request of the AudubonSoci- ety. Dr. Palmer and the writer appeared before the Senate Game Vol.1902XIX] _] DUTCHI•R,t>roleclion of Gulls and Terns. 41

Committeeand madean argumentin favor of the bill, with the result that a favorablereport was secured. Later the bill passed both housesand becamea law by the signatureof the Governor. U'nfortunatelytwo dayslater the Governorsigned a generalgame law which conflicted with the A. O. U. law in that it makes an open seasonfor two months(September and October) for suchan extremelyvaluable insectivorous bird as the Highholder (Colafires aural•s luteus). The State of New Jerseynow has two laws in force, in one of which the Highholder or Flicker is classedas a game bird and in the other as an insectivorousbird. An effort will be made at the next sessionof the legislature to have this unfortunate contradictioncorrected. This incidentvery forcibly showshow absolutelynecessary it is that some personor committee with time, money,and interestin the work, shall alwaysbe on the watch to prevent changesin the non-gamebird laws after they have been made satisfactory. The only absolutely sure method of preventionis to arrangeto see copies of all game or bird bills introducedat everysession of all the legislativebodies in the United States. This of course will necessitatea large amount of correspondence,a very considerable expenditure of money,and in case adverse bills are introduced,a fight to prevent passage. DE•.^wARE.-- The Audubon Society, in conjunctionwith the Delaware Game Protective Association,had the A. O. U. model law presentedas a bill in the legislature,where it was, as usual, referredto the game committeewho made an adversereport and recommended that "the bill do not pass." This necessitated a visit to Dover, Delaware, by your committee, accompaniedby a delegationfrom both of the societiesthat had the bill introduced. The result was that the recommendation of the game committee was reconsidered, the bill was recommitted to the committee, who, after hearing our argumentsin favor of bird protection,thus get- ting a clearidea of its meritsmade a unanimousrecommendation "that the bill do pass." It was passedin the very last hoursof the sessionand becamea law/vlarch 9, x9ox, by the approval of the Governor. An additional section was included in the law, at the requestof the Audubon Society,to the effect that the Gov- ernor be authorizedto set apart eachyear, by proclamation,a day 4 2 Du'rc}•v;}•,]•rotect[on o.? Gulls and Terns. L[-AukJan. to be designatedas "arbor and bird day," and to request its observancein all public schools,private schools,colleges and other educationalinstitutions by the planting of trees and the adornmentof the schooland other publicgrounds, and by suitable exercises,having for their objectthe promotionof arboriculture, and the protectionof birds and trees. DinTracT or CoLuMma.-- The vital portions of the A. O. U. model law were embodied as a part of a new law for the protection of birds,game, and fish,passed by Congress,and approved March 3, x9o•. The whole law was due to the united efforts and earnest work of Dr. Palmer of our Committee and the District AudubonSociety. Very recently Dr. Palmer, accompaniedby a police officer assignedas his aid, visited every millinery establishmentin the District and serveda printed noticeconsisting of extractsfrom the law. This action resulted in the return to New York, and other wholesalecenters of a large amount of illegal millinery ornaments, i.e., plumageof wild birds. It is thought by the Committeethat this is one of the best methodsfor breakingup the trade in wild bird plumage; if the retailerswill not handle it becausethey fear arrest and fines,the wholesaledealers will have no market and consequentlywill ceaseto employplume huntersalong the coast. FLORrex. -- In this State the A. O. U. model law was submitted as a bill throughthe influenceof Mr. Robert W. Williams,Jr., a member of this Union and also a member of its Bird Protection Committee. It is largelydue to the persistent,unflagging and earnest work of Mr. Williams that the state of Florida now has such an excellent bird law. Notwithstandingall that was done and saidby Mr, Williams,the bill at first receivedan adverse report,and it became necessaryfor your committeeto start on telegraphicnotice for Tallahassee.The bill wasrecommitted, and after it had been thoroughlyexplained to the committeeof both houses,and someslight amendmentsadded to make it conformto local necessities,it received favorable report and was subse- quentlypassed and becamean operativelaw in sixtydays, the statutorylimit. While in Tallahasseethe visiting membersof this Committee took the occasionto give a bird talk to a large audience,among whom were the Governorand manymembers of the legislature. Vol.,00,XIX'] ß 1)UTCHER•Protection of Gullsand Terns. 43 TheThayer Fund furnished iSoo large linen warning notices, which were distributedthroughout the State by different channels; subseqnentlythe AudubonSociety had a secondedition of 5oo printed. It is believed,on very satisfactoryevidence, that the new law has stoppedto a large degree the disgracefulpractice of shooting ' bull bats' or Nighthawks (Chorddies vbTinianus) for sport. No morevaluable bird exists,and the passageof the law was worth all the labor it costif it had no other result than the prevention of suchacts of wantoncruelty and wastefulness. Wtsco•s•. •The passageof a new law was due entirely to the energeticwork of the AudubonSociety, aided by the public sentimentthat had been fosteredby that body. Wvou•. •The A. 0. U. modellaw was enacted largelyby the work of our fellow member and committeeman, Mr. Frank Bond,who had a powerful auxiliaryin the newspaperwhich he edits. Mr. Bond is actively engagedin interestingthe people of his State in bird protection. During the presentlegislative year (•9o•-o2) only a few States will have legislative sessions,namely, Virginia, Georgia, Missis- sippi, Louisiana,Kentucky, Ohio, and Iowa; and it is the purpose of your Co•nmitteeto endeavorto securethe passageof the A. 0. U. model law in each State. Already Dr. Palmerand the writer have visited Georgiaand have had introducedin both houses bills for the protection of the non-game birds. The bills were referred to the General Agricultural Committee in both houses, Xnd your representativesappeared before each committee and made earnest appealsfor the passage of the bill, on the ground that as Georgia was the largest fruit growing State in the South, it was extremelyimportant that the wild birds shouldbe protected as aids to the agriculturaland ho•icultural interestsof the State. The bill is receiving the strong support of the State Agricultural and EntomologicalDepartments, and has already receiveda favorable report from the House committeeto whom it was referred, has had.its secondreading in the House, and unless somevery unex- pected oppositionis developedwill becomea law. During the visit of your Committee it was discoveredthat already there was in Georgiaa very considerableand growinginter- est in the subject of bird protectionand bird study. One noble 44 DUTCHER,Proleclt'ou of Gullsand Terns. [-AukI_Jan. and enthusiasticwoman and bird lover, Mrs. Julius L. Brown, of Atlanta, had, unaided,secured the pledgesof over 3oo0 of the best womenof her State that they wouldnot in the future usethe plumage of wild birds as millinery ornaments. Besidesthis, through her efforts,over 25oo of the schoolchildren of Atlanta were sub- scribersto a pledge not to harm or annoywild birds. Mrs. Brown is also a regular contributorto the Georgiapress of articlesrelat- ing to the preservationof bird life. The noble exampleof this woman is commended to the women of other sections of the country,with the earnesthope that many more may be found who will do what they can in this mostlaudable and importantwork.

PROTECTION BY WARDENS.

Probablyby far the most interestingpart of protectionwork, to the public, is the results obtained through the actual guarding of the birds during the breeding season,by wardens. During the presentyear some changeswere madein the per- sonnel of the wardens,owing to a better understandingof the actual needs in each locality,that were developedby the inspec- tions made during the seasonof i9oo. All of the wardens were required to make full and detailed reports in writing, on blanksfurnished by the Committee,and from these the followinginteresting details of the resultsof the year's work by wardensis submitted: MAINE.--- Ten wardenswere employed, each of whom protected from one to five islandswhich were the homesof gulls, terns or other sea birds. L. E. Wright, of the CrossIsland Life Saving Station,was in chargeof Old Man, DoubleheadedShot, Inner Libby, and The Brothers Islands; the distance from the most eastern to the most western island being about fifteen miles. He reports that he failed to see or hear of any Herring Gulls or Terns being killed on the breedingplaces, nor afterward. He is surethere is double the numberof young gulls this autumnthat he has seen any pre- vious year. O. B. Hall, keeper of the Crumple Island Light, was in charge of Stevensand Sand Islands, Egg and Freeman's Rocks; two of ¾oi.•9o2XIX] DUTCHER,Proleclion of Gullsand Terns. 45 these islands are woodedand two are simply massesof granite. The birds breedingwere Herring Gulls (Zarus argYnlalussmith- sonianus),Terns ( Slernahitundo el paradis•a), BlackDucks (,4has obscura),Black Guillemots(Cepphus g•rylle), and Spotted Sand- pipers (•lclitis macularia). As these islandsare a long distance from the mainland, very little trouble was experiencedin protecting the birds and their eggs, and the warden reportsthat no old or youngbirds were killed, nor we?eany eggstaken. Capt. Hall estimatesthat the number of young birds raised during the present seasonwas as follows: Herring Gulls, 3000; Terns, 4000; Black Ducks, 50; Black Guillemots,5 ø . Chas. Holt, keeper of the Nash Island Light, had chargeof the breeding colony of Herring Gulls on Cone Island, some 800 in number. Unfortunatelythere was an increaseof only about xoo birds; the reason for this being that the ownersof the island, a motherand three daughters,seriously object to having the birds use the island as a home. They keep a large flock of sheepon the island during the whole year, in fact too many for the island to maintain. It is claimed by the ownersthat the gulls destroy the grass,or render it unfit for the sheepto eat, and they have usedevery meansto drive the birds away, even going so far as to place upon the island four foxes,just before the breeding season, hoping they woulddestroy the eggsand youngbirds. This result mayobtain during somesixty days in the year, but it is anticipated that next spring the foxeswill destroymany newly born lambs. As a matter of fact, the gulls are probably of great benefit to the island, as the depositsof guano serve to enrich the land, and even though the grassis temporarily rendered distastefulto the sheep, during the breeding season,yet the fall rains will wash and sweetenthe grass and carry the fertilizing propertiesto the roots. Wm. C. Gott, keeper of the Pond Island Light, protected a large colonyof Black-crownedNight Herons(JVyclicorax nyclicorax n•vius) on the Douglas Islands; he statesthat there was a normal increase,as the birds were not disturbed,owing to the fact that he thoroughlyposted the island with warning notices. Win. D. Upton, keeper of the Petit Manan Light, had chargeof a small island called Egg Rock, on which a few terns bred; these were not disturbed at all and the increase was normal. 4 6 •)vTCH•R,Protection of Gulls and Terns. l[-Auk Jan.

Great Duck island was in chargeof the owner,Dennis Driscoll, and of Win. F. Stanley,keeper of the lighthouselocated at the south end of the island. This probablyis the largestcolony of Herring Gulls in the United States. On the adjoiningisland, Little Duck, there is alsoa colonyof a few hundred Herring Gulls. Both of these islands were thoroughlywatched and the wardens report that the increasewas absolutelynormal. It is estimatedthat on the two islands,at least 2500 to 3000 youngbirds matured. The birds that breed on this island are the ones that are seen about Bar Harbor and the other summer resorts on Mount Desert Island, and it will be of interestto quotefrom a letter accompany- ing a contributionfrom Mrs. Kennedy: "There was a perceptible increasein the numbers of sea gulls seenabout Bar Harbor last summerover the year before. Much of the pleasurein sailing about Frenchman'sBay is derived from watchingthe varioussea birds flying about,and if thesecan be protectedand increasedin numbers,I considerit a privilegeto help on the goodwork." The colony at No-mans-landis in charge of the owner of the island, Mark Young of Matinicus Island; this colonyis probably but very little smallerthan the one on Duck Island. The birds were thoroughly protected, and there is no doubt that at least 2500 youngbirds were matured at this station. Mr. Young,in his report,gives a very interestingincident; about the time the young gulls werefull grown,flocks of them visited the grassand potato fields and ate immense numbers of grasshoppersand Colorado beetles. If the gulls, besidestheir work as scavengers,are also insectivorous,there is greater reasonthan everwhy they shouldbe protected. James E. Hall, keeperof the light on Matinicus Rock, reports that the Terns (Slerna hitundo el •aradis•ea) and Sea Pigeons (Ce•hus g•v/le)breeding there were again thoroughlyprotected, and consequentlythe increase was normal. He reports as an interestingornithological fact that two pairsof Puffins(_Fvalevcu/a arctica) raised youngupon the island duringthe past season,and alsothat the colonyof Black Guillemotswas increasedby at least xoo birds. Mr. Geo. D. Pottle had charge of Shark, Egg and Western Rocks,near Friendship; he reportsthat the Terns (Stevnahir•ndo VøI•9oX2IX'] DUTCHER, Pl.ole½l[on •f G.lls ancl Terns. 47

•ty)aradiscea)that bred upon the islandsin his chargewere molested somewhatby summer boarders and young men who shoot on Sundays; however,there was considerableincrease in the number of birds in his district. Mr. Geo. E. Cushman was in charge of Stratton and Bluff Islands, whichmaintained a colony of about 600 terns; he estimates that some five or six hundred young were matured; he did not see nor hear anyoneshooting terns in his vicinity during the season nor experience any trouble with people seekingeggs; he adds that the prosecution that he instituted in the summer of x9oo taught the peoplea lessonwhich has not yet beenforgotten. The writer of this report visited nearly all of the colonieson the Maine coast during the height of the breeding season,occupying nearlythirty daysin the work,and it is with great pleasurethat he is able to report that he found all of the wardensthoroughly con- scientiousand very active in their duties. It is believedthat the estimatesof increase made by the wardens are very conservative and well within the actual facts; many more young birds in the dark plumagewere seen than during the seasonof •9oo; further, on most of the islands the breeding birds were very gentle, thus showingthat they had not been disturbedto any great extent. MASSACHUSETTS.--ASusual the terns on the Muskegets were protectedby our fellow-member,Mr. G. H. Mackay, and thoseon Penekese Island by the owners,the Messrs. Homer. These two coloniesare probablyas thoroughlyguarded as any in the United States. A few extractsfrom the report of our member, Mr. R. H. Howe, Jr., who made two special trips to the Massachusettscoast, will be of interest. "September x9. Arrived at Yarmouthand havebeen investigat- ing the birds here and gaininginformation in regardto their being shot. Was told on every hand that but little shootingwas done here now outsideof that doneby the boysabout town and by visiting gunners; these did but little and in seasononly. I was told that H. Lovell and Jamieson,the lighthousekeepers at•Sandy Neck, Barnstable,two years ago used to do a great deal of gull shootingfor New York parties,but since laws have been passed againstit they have stoppedentirely, having been instructedby the New York dealers not to ship any more birds, as they could not 48 DUTCHER,Proleclt'oJ• ofG•dls and Terns. L['Auk Jan. sell them. These two menmade $•o to $•5 a day in former years, shootingbirds for the milliners. "It wouldplease you, I am sure,and all membersof the A. O. U., to seethe thousandsof gulls and ternsfeeding off here in the harbor. From my investigationsthis day I feel quite confidentno seriouswork is being carried on againstthe birds protectedby law in this region. "October 9. --I have returned from North Truro and report as follows: There is very little shootingbeing donein the regionof North Truro and Provincetown at this time. I saw Small, who now does little else but shoot; but he is practically the only man who does. He is apparentlya law-abidingfellow, who shootsa great deal in seasonand kills many birds. Last year on October x, he told me, when the close seasonended for gulls, he shot 375 birds that day, and about the same numberthrough the rest of the week. He shippedthe birds to a New York market, having been promisedI2•[ cents each, but from the bottomfalling out of the market,as he expressedit, probablydue to the A. O. U. and Audu- bon work, and becauseof the great supply,for he saysevery gun- ner on the Cape shippedbirds, he never received any pay, and his losswas great on ammunition. He saidhe guessedshooting birds for hats was over." NEw YORK.--The colonies of Common and Roseate Terns on Flat Ha•nmock, Wicopesset,Little Pine, and South Dumpling Islands, near Fishers Island, were in charge of J. S. Casey to June 20, when he was taken sick and had to give up the work. SubsequentlyMr. J. T. Fowler, keeper of the North Dumpling Light, assumedcharge. Mr. JamesH. Hill, our fellow member,who has chargeof these breedinggrounds reports as follows: "I have discovered a s•nall colony of Wilson's Terns (Sterna hitundo),five pairs on GooseRock near Niantic Bay, Conn. This is a new nestingsite. "Mr. Philip J. McCook, an associatemember, writes me in regard to the two small coloniesof terns on the islandsin Niantic Bay. The terns again usedWaterford and Two-Tree Islands this year; he reportsnoting x2 to 13 pairs nestingon Waterford Island the last week in June, and on Two-Tree Island in first week of Vol.1902XIX'] / DUTCHER•2Drotectt'oxt of Gttll$ ancl Terns. 49

July he counted about 35 terns there, but found only sevennests containingfrom one to three eggseach. He thinks the squatting on the islandby peopleof the mainlandto securea title to it, the diggingout and cleaningthe well, andthe plantingand cultivation of a small potatopatch has had the tendencyto drive away most of the ternsfrom their last year's breedinggrounds. "Mr. Frank Palmer, resident of Stonington, nearest Liddy Island, told me that the terns nested on the island this year, he noting 5 nests,and, further, that he had seen a pair nesting on Rocky Island, a shortdistance from Liddy Island; nest contained three eggs. The last is also a new nestingsite. "Flat Hammock. It was my intention, and I had made all arrangementsto fully protectthe breedingbirds, havingreceived, throughthe kindnessof Mr. CharlesW. Gordon,the Superintend- ent, and the courtesyof the Messrs.E. M. and W. Fergusons,the ownersof both Flat Hammock and South Dumpling Islands, full permissionto erect a shantyon South Dumpling,for the shelter of the warden, and I here wish to acknowledgetheir kindnessand co-operation,but owing to the bad weather the latter part of May, and the inability to land materials on the island on account of rough water, and the subsequentsickness of Mr. Casey, our first warden, the middle of June, I was unable to carry out my plans. I therefore reappointed Capt. Fowler, our warden of last year, who cared for the birds the rest of the season. "Capt. Fowler estimatesthat we raised, at the lowestcalculation, over 12oo birds, counting Wicopesset, Flat Hammock, South Dumpling and Little Pine Island, and I think he is correct as he wrote he countedon June 20, on Flat Hammock,663 eggs,mostly Wilson's Terns, and a few Roseares. "Mr. Casey,our first warden,advised me in early Junethat a few ternswere nestingon South Dumplingwhere we had intended to build a shanty. I found on my visit, June 20, 16 pairs nesting on an open spaceon the west slope of the island, so that after all ;ve gainedsomething by not buildingthe shanty. "South Hammock or South Dumpling is a short distancefrom Flat Hammock,about four acresin area, and risesquite abruptly from the ;vater fifteen to sixteen feet, with not much beach. The top of the island is fiat, grassy,with somebushes, and if the terns 50 DUTCHER,Proleclœon of Gulls and Terns. I-Auk1Jan. get to usingit regularlyit will be a lessexposed nesting place than Flat Hammock. A cabin boat for the use of the warden, anchored midway betweenthe islands,would help to give full protectionto the breedingbirds, as we nowhave a newdifficulty to contendwith, viz.: many of the lobsterand fishingboats and pleasurelaunches are now providedwith smallgasoline motors, 'and it has happened severaltimes that boatsof this characterhave run up to and made a landing on Flat Hammock and gone away beforethe warden could launch his boat to warn them off. "Capt. James Smith, of the steamer' Manhansett,'who makes daily trips to Greenport,Long Island, and whoseroute is through the ' Race,' tells me that he has noted a larger numberof terns or mackerelgulls this year than usual, a thousandat a time, and this is the report of all the fishermen,lobstermen and blue fishingpar- ties this season,and also of the soldiers on Great Gull Island, the former homeof the terns. My own observationsduring my trips of inspectionmake me positivethat no birds have been shot by plumehunters in my vicinity. "There is not the least shadow of a doubt but that the terns are steadilyincreasing in numberson Long Island Soundthrough the specialprotection given them in the breedingseason, and under the wise and beneficentA. O. U. laws enacted for their protection in the different States. "I said last year ' You may count me in as a championof the gulls, terns and ospreysin this locality,and I shall use every means in my power to protect them,' and I shall try to place them 5n the protectedlist. The A. O. lJ. modelis now a law of Con- necticut, thanks to an intelligent legislature,the majority of whom were farmer representatives,and a Governor who did his duty,together with the heartyco;Speration of the Hon. A. B. Cal- kins, Chairman of the Committee on Fisheries and Game. Now all wild birds are protectedexcept hawks (Fish Hawks not included), Great Horned Owls (Bubo z,ir•inianus),Crows (Corvus ,americanus),and English Sparrows. SurelyConnecticut is in line xvithher sister Statesin the enactmentof just laws for the protection of birds." The two coloniesof terns (Sterna hitundoet doug•alh')on Gard- iners Island were in charge of the same wardenswho cared for 'Vol.i9o2XIX] J DUTCHER,Proleclion of- Gulls and Terns. 5 I them during the seasonof x9oo,viz., Mr. C. W. Rackett at the north end and Mr. Hiram S. Miller at the south end. Both report that they had very little trouble protecting the birds this year, owing to the fact that the inhabitants and the summer boarders are becomingacquainted with the fact that it is illegal to disturb the birds in any way, and further, becausethe warning noticesare conspicuouslyplaced in all partsof the breedinggrounds. A very large numberof youngbirds were matured,a conservativeestimate being from 4000 to 5000. NEw JERs•.¾.--Our fellow member,Mr. W. L. Baily, whohad ,chargeof the work on the New Jerseycoast, made a trip to Stone Harbor and Peck's Beach July 20 "and found almost twice as many Black-headedGulls (Zarus alrz?i#a) as last year. Every nest and egg was washedaway by a high tide on June x7 and t8. Afterward the gulls scatteredall over the meadows whereverthey •couldfind trash and suitablespots and commencedto lay again. The second nestshave been undisturbedand the eggs were just hatching July 2x; no young gulls were foundover one day old. The eggsof the tern colonyon Little Gull Island, Stone Harbor, were entirely swept away by the high tide referred to above. I .sawthe terns but could not find any nests." R. S. Ludlam was the warden in charge of about four miles of beach and marsh near Stone Harbor. He reports that he protected all kinds of birds that breed in his district; a colonyof 800 Black-headedGulls (Zarus alricilla) , someTerns ( Slernahitundo), Fish Hawks (]•andianhaIiab•us caraIinensis), Clapper Rails (•aI- lus crepilans),and several species of land birds. He estimates that xooo gulls were raised. He reports that he had the most trouble to keep summer boardersfrom shootingthe birds, as they want sport and will shootat anything. The hard storm of June x5 to •8 destroyedthousands of eggsabout to hatch. He says: "I found ClapperRails alongthe beachby hundredswhere they had been drowned on their nests,together with their young. Many eggs had been destroyedby the tide. The survivorslaid again and hatched in July. "September xo I saw hundredsof Black-headedGulls catching flying ants; this had never been noticed before. There were millionsof the ants aboutforty feet up in the air, and the gulls 5 2 DUTCHER,Prolect[on of Gullsand Terns. LFAukJan. were flying about amongthem with open mouths. The ants are herefor two days about the samedate eachyear. It is a common thing to seethe terns catch the ants, also mosquitoesand grass- hoppers." Mr. J. B. Rider had charge of a small colony of terns, about •5 o pairs, on the beachand marshnear Little Egg Harbor. He thinks that nearly 3o0 youngwere raised. By using the linen postersfreely along the beach and watching the summerboarder with a gun, he succeededin saving the birds. MAR¾•.A•D.--Mr. S. B. Harman cares for the beaches and marshes near Cedar Town on which the Mackerel Gull (tern) breeds; he says"the number of birds that can be seenat one time is sufficientproof that the effortsof your societyhave been a great success." Vmo•N•A. -- John B. Whealton, of the Wallops Beach Life Saving Station, estimatesin his territory,a districtof beachand marshseven miles long, the followingincrease in birds; Mud Hens (ggalluscrepilans) and Willet ( S)'mphemiasemipalmala), large number; Black-headedGull (Zarus atricilla), 2000; Strikers (Sterna hirundo, S.•rsteri, and S. anlillarum), 3000. He had somedifficulty in stopping egging,even after the close season commenced. He thinks that the law should be changed so that eggingshould not be permittedat any time. Mr. N. B. Rich, of AssateagueBeach Life Saving Station, pro- tects a territory sevenmiles long by three wide. It is both sand beach and high salt meadowand was formerly an island. Birds protectedwere Willet, Mud Hens, LaughingGulls, Terns andsome Snipe. He estimatesa large increasein the birds. He reports two caseswhere summer boarders killed a few terns, but promised neverto do so againif not prosecutedfor the first offense. "Boats used to come from New Jerseyand North Carolinafor the purpose of killing gulls and terns for millinery purposesbut have stoppedsince I have beenlooking for them." Mr. L. F. Taylor, of the Metomkin BeachLife Saving Station, cared for a district seven miles long, sand beach and marsh. Birds protectedwere Marsh Hens, Laughing Gulls, Willets, and Big and Little Strikers(Sterna). A normal increasetook place, as on one occasiononly did he have to stop illegal shooting. Vol.19o2XIX'] -I DUTCI•EP•Proteclz'on of Gulls and Terns. 53

Mr. J. A.D. Savage,of WachapreagueLife Saving Station,protected a territory composedof beach and marsh about three miles by two; he estimatesthat at least 3000 Marsh Hens, 500 Laugh- ing Gulls, 600 Flood Gulls (fi?ync?lofisni•ra), and 200 Terns were raised during the season. He statesthat so far as he knows,no birds were killed and but few eggs were taken, and he adds: "For the encouragementof your society I would say that before the efforts to protect the birds were put forth some of the species were nearly extinct, but have now increasedto considerablenum- bers." Mr. J. W. Richardson, of Parramores Beach Life Saving Sta- tion, cares for seven square miles of beach and marsh, principally the latter; he estimatesthe followingincrease in birds: Laughing Gulls (farus alricilla), about 600; Willet, 800; Little Strikers (Slernaanlillarum), •oo; Big Strikers(Sferna hitundo ef fors•eri), 300; Mud Hens, iooo. He adds: "There are more Black-headed Gulls this season than usual. I have walked and sailedthrough our marshesmany times this summer, and have talked xvithboatmen and others, advocating the cause of birds in my own way, and I found many responsive hearers in sympathywith our •vork." He suggeststhat the Vir- ginialaw shouldbe changedand mademuch more strict in order to successfullyprotect game and otherwild birds. Mr. John E. Johnson,of the Hog Island Life SavingStation, wasin chargeof about eight milesof marshand beachon which bred: Common Tern, Gull-billed Tern (Gelochelidonnilolica), LaughingGull, Black Skimmer,Willet, Wilson'sPlover (•Effiafilis wilsonia),and AmericanOyster-catcher (tf•emalopus iPallialus). He estimates the .young as follows: Common Tern, 2000; Gull-billed Tern, 200; Laughing Gull, 2000; Black Skimmer, xooo; Willet, xoo; Wilson'sPlover, 5ø; AmericanOyster-catcher, xoo. "I do not think that any birds were killed illegally, as the residentsknow that the law is being strictlyenforced. I have a very good opportunityof knowing,as I am going through the marshestwo or three times a week during the breedingseason." Mr. J. R. Andrews,of the Cobbs Island Life Saving Station, protectedabout six milesof beachand marsh,and alsotwo large marsh islands of about 800 acres in area. The birds in his dis- 5 4 DUTCHER•Prolecllon of Gullsand Terns. [Jan.[Auk trict were carefully watched over, and he estimates that the increasewas as follows: Black-headedGulls (Zarns attic/l/a), about 4ooo; Black Skimmers (]qynchopsni•7ra) about 4000; Terns (Sternohitundo etforsteri), about 6oo; Gull-billed Terns (Gelo~ chelidon niIotica), about 30o ; Oyster-catchers(f2rematopns palliaIns), about4; Willets (SyrupherniasemoSalmata), 4; Wilson's Plover (.•7ialitis wilson/a), 2; Marsh Hens (]qallnscrepitans),. about 2•ooo. He reports that about iooo gulls' eggs, 30o terns' eggs, and iooo marshhens' eggswere taken by fishermenand othersbefore the close season commenced. After that date none were taken; "I did not have as much trouble,"he says,"this year as last. I think the Black-headed Gulls, Skimmers, Common .Terns, and Gull-billed Terns have doubled in numbersince last year. The day after Mr. Kirkwood left I caughtthree men very neatly. I wasfin my lookoutand saw a boat coming,and as I was satisfied I knew what they were after, I went up the beach and hid in the grass where I thoughtthey would land. As soonas they landed I roseup with my gun right in front of them and askedthem what they were after. At first they said 'nothing,' but I soon made them own up that they had comefor young birds. They promised if I would let them off that they would never comeagain. I have not seen a man on the beach since. A great many boatmen like to eat the youngSkimmers." Mr. G. D. Hitchens, of the Smiths Island Life Saving Station, was in charge of a district about twelve miles long by from one hundred yards to one and one half miles wide, consistingof beach• marsh, and islands. The increasein the birds in his charge•as nearas he can estimate,wa• asfollows: Common Tern (Sterno himhalo), about i,ooo; Laughing Gull (Zarns air/cilia), about i,ooo; AmericanOyster-catcher (f2r•ematopus pallia&s), about20; Wilson's Plover (•Egialitis wilson/a), about 6; Clapper Rail (]qallnscrepitans), about 5,000; Willet (Syrupherniasem•almata), about 75; Royal Tern (Sternomaxima), about •oo; Black Skim- mer (]qynchopsn&a), about200. "No eggswere taken on Smiths Island, but on the Isaacs all the eggs were taken until the last of July. I could not catch the one who did it but was told he was the caretaker of the United Vol.t9o2 XIX] j DUTCIIER,•roteclt'on of Gullsand Terns. 55

States Quarantine Station on Fisherroans Island, which is very close to the Isaacs, while they are about three miles away from me. I think it would be a good idea to ask the Marine Hospital serviceto sendan order to their caretakerregarding this matter; there should have been several thousand birds raised whereas there were only a few hundred. There have been no eggs taken nor birds killed on Smiths Island while I have been warden, and there are more birds nowthan I have seenin fifteenyears." All of the wardensin Maryland and Virginia were visited very early in August by our fellow-members,Messrs. William H. Fisher and Frank C. Kirkwood, the latter of wholn made a long and detailed report, frorn which the following interesting items are extracted: "I have just returned from the inspectiontrip and the results are mostsatisfactory, and, allowing for thedifference of season,I think a 5o per cent increaseover last year is a conservativeaver- age. At somepoints it was more, at someless. "With the waders,however, it was different; they were scarce. The Willet, which breeds all along this shore,was nearly absent andcomparatively few Clapp'erRails were heard; this may be accountedfor by the stormsin May which put very high tides over the marshes. "All the men report that no shootingwas done and but very little, if any, egging. "I am greatly pleasedwith the wardens; they all greeted me by name, and said they thoughtI had died, as the last they had heard of me after the trip of I9OOwas that I wasvery sick. They are all very enthusiastic over the increase in the birds. Mr. Fisher secured a number of excellent photographs,and we had some peculiar experiences,one of which was a suddenstorm which overtook us; for fiercenessof wind, rain, hail, thunder and light- ning it surpassedanything I ever saw,and within five minutesour temperaturechanged from a dripping perspirationto a chill. That night, instead of reaching our destination,we were compelledat io.3o P. 5i. to break into an oysterwatch-house in the bay and remain there until daylight. One night the heat and mosquitoes were so bad that we climbed to the platform under the lantern of the old lighthouseon Smiths Island, x5o feet up, wherewe passed 5 6 DErTCHER,]>rotect[on of Gulls and Terns. [Jan.[ Auk the night and enjoyeda fine breeze and perfect freedomfrom the insect pests. What delightedme more than anythingelse during the trip was to discover that there was someincrease in the num- bersof Least Terns (Slernaantillarum) which may in time restock the entire coast. It is hoped that before the time for another report is reached, the Comlnonwealthof Virginia will have upon its statutebooks a law that will preventthe takingof wild birds' eggsat an3, time. It is a practicethat there is no reasonfor, and is only indulgedin by a few lawlesspersons who think that all wild things may be taken at any and all times. The great majority of the citizensof Virginia, it is believed,are heartilyin favor of stopping this wastefulpractice." Loms•^z•A.---As the fund collectedby Mr. Thayer this year fully warrantedthe expenditure,the territory coveredby wardens wasenlarged to embracethe coastof Louisiana,which was formerly the home of immense nmnbersof sea birds. Owing to the depre- dationsof plumehunters, a great manyof the outlyingislands and sand bars that had formerly been used as breeding places had been deserted; however, on investigationit was found that on Timbailer Island there still remained a very considerablenum- ber of birds. The laws of Louisianaafford no protectionfor birds, and it was found necessaryto ascertain the ownership of this island, which is some fifteen miles long and is located in the parish of Terrebonne. At first it was supposed to be still State property,but on investigationit was found to be owned by the Terrebonne Land Cornpan.y,one of the managersof which, Mr. J. M. Dresser, wrote as follows: "We are perfectlywilling to turn over to your societyany rights that we have, to use for the purposethat you requirethem, the protecting of the sea birds. We think they oughtnot to be disturbed during the nesting season. We are in full sympathy'with the purposesof your societyand you can depend upon us to co- operatewith you. If you will write an article and send it to the ' Times Democrat,' the mostinfluential paper in this city, they will publishit and gladly aid in bringingthe matter beforethe people, and try to create a sentimentwhich will result in a law being passedby the next legislatureto protectthe birds." The details of the protectionwork in Louisianawere referred to Vol.x•o2XIX' j I DUTCH•R,laroleclt'on of Gulls and Terns. 57 our fellow member,Mr. George E. Beyer, who kindly and gener- ously gave largely of his time in its prosecution. He obtained from Mr. Dresser full power of attorney,attested and sworn to before a notary. On April 6, Mr. Beyer returned from a trip to Timbailer Island, an accountof which is here appended: "Last night I returned from the seacoastand the islands, whither I had gone to see what could be done for the protection of the sea birds, and how many still remained to be protected. In regard to the latter, unfortunatelybut few remain. I left New Orleans for Houma on the 26th of March. Immediately upon my arrival I tried to find out the sentimentof the people in regard to the proposed protection, and was rejoiced to find not a single instance of disfavor; on the contrary, people seemedto be glad that I was about to take steps for the preservation of the sea birds. My presencein Houma and its object spread like wildfire, and quite a number of men whom I met published noticesof tres- pass. In Houma I engagedthe servicesof a small sailing vessel, and left the town on the 28th of March. I reached the first island on the evening of the 29th, and the following morning I proceeded to Timbailer Island. I spent an entire day in a thorough investigationof this piece of land, but only the east end or Racoon Shoalshas a colony of breeding birds. This colony is at oncethe largest and the only one of any consequenceleft on a stretchof seacoastof about •5 o miles. In Houma I had been informed by the sheriff of Terrebonne Parish, that the man living on the island, Ferdinand Desire, would be about the most reliable, strict, and altogethermost suitable one for our purpose. I found that the man came up to every requirement,and also that he was well informed as to the speciesand number and strength of the remaining colonies. Becoming,in the meantime,familiar with the conditionsaround, I engagedhim for a period of four months,his term of duty to commenceon April xS. He was notified by the sheriff to cometo Houma to be swornin as deputysheriff, and be invested with every authoritythe parish can possiblygrant him. At this man'ssuggestion, I visited quite a numberof other islands, but as he knew, and told me before hand, no birds are left. I enclosea map, publishedby Wisner and Dresser, upon which I have designatedmy route, and also the breedinggrounds, pointed 5 8 ])UTCHER,Protection of Gulls and Terns. •-I_Jan. Auk

Out by Desire,our warden,and verifiedby myselfwith the two exceptionson the main]and. "As far as the trip is concernedI am more than satisfied. I firmly believe we will have no trouble on that sectionof the coast. The only weak point is this: huntersmay be stoppedfrom shooting the birds on land, but possiblycould not be preventedfrom doing so on the water, unless I could get the authority of the United States Government to enforce the law on the three mile limit. I believe the A. O. U. might securethat for me under the Lacey Act. I think it would be well for you to look into this matter at once and do what you can. It will certainlyhelp to• make our undertakinga completelysuccessful one." Later on Mr. Beyer receivedthe following letter from warden Ferdinand Desird: July •3, •9 oI. Terrebonne Parish, Timbailer Island. DEaR Sin: On the 8th and 9th the wind blew very strong and the tide was very high, in fact, •vashedover the different islands and destroyed the eggs and young birds. There are only a fe•v eggs and young birds left, but the old. birds are still left on Racoon Pass and •vill very soon lay again. The same of the cranes; their nests were blown down, but the old birds are there still. Timbailer beach has suffered the same; nests and birds destroyed by the tide. I could not leave this place as often as I •vould have liked; the China- men and fishermen •vere here and I had to watch to keep them from get- ting the eggs around Timbalier and Racoon Islands. They are all gone, the fishermen leaving on the loth. !,Vill make a round as often as possible and report accordingly. Yours truly, FERDINAND DESIRe..

The following letter from Mr. Beyer gives the result of the effort to protect the birds of Louisiana. It very forciblyshows how necessaryit is that the birds should not be subjectedto the wasteful methods of mankind when they have to contend with such natural forces as storms and tides. "Your fears were only too well grounded,as you may perceive from the reports sent me by Desir& Just before the storm I made an attempt to go to the islands, but could only get as far as Houma. While it is deplorable that we have lost two entire VoLI9O2XIX] -I DtrTC}•ER,t>rotecllon of Gullsand Terns. 59 broods,through no fault of ours, we have at least the satisfaction of havingpreserved the adults,and by next year I am positivewe will have the State lawson our side. I am quietlyworking now and I think we will experienceno oppositionor difficultyto gain all our points."

In the severallocalities where the wardensystem was employed the resultsfully warrant the outlay of funds made, and a contin- uanceand extensionof the system. It hasbeen thought advisable to append to this report a copy of the model law advocatedby the A. 0. U., in order that the pressand the public may be able to examineit• and, it is hoped, advocateits passagein Common- wealthswhere the presentbird laws are insufficientto give abso- lute protectionto the non-gamebirds.

LEGISLATION FOR THE PROTECTION OF BIRDS.

ACT PROPOSED BY TIlE AMERICAN OR-N-ITHOLOGISTS • UNION.

An Act/or the ]arotecliono/Birds and their 2Veslsand l•ggs.

Section x. No person shall, within the State of--, kill or catch or have in his or her possession,living or dead, any wild bird other than a game bird, or purchase,offer, or exposefor sale,transport, or ship within or without the State, any such wild bird after it has beenkilled or caught. No part of the plmnage, skin, or body of any bird protectedby this section shall be sold or had in possessionfor sale except as permitted by this act. For the purposes of this act the following only shall be considered game birds: The Anatid•e, commonly known as swans, geese, brant, and river and sea ducks; the Rallidm, commonly known as rails, coots, mud- hens and gallinules; the Limicol•e, commonly kno•vn as shore birds, plovers, surf birds, snipe, woodcock, sandpipers,tatlers, and curlews; the Gallin,e, commonly known as •vild turkeys, grouse, prairie chickens, pheasants, partridges, and quails. Sec. 2. No person shall, within the State of , take or needlessly destroy the nest or the eggs of any wild bird other than a game bird, or have such nest or eggs in his or her possessionexcept as permitted by this act. Sec. 3' Any person xvhoviolates any of the provisions of this act shall be guilty of a misdemeanor, and shall be liable to a fine of----dollars for each bird, living or dead, or part of bird, or nest, or set of eggs, or part thereof, possessedin violation of this act, or to imprisomnent for ten days, or both, at the discretion of the court. 60 DUTCHER•Proleclt'ott ofG•dls a•td Ter•ts. LFAukJan.

Sec. 4- Sections •, 2, and 3 of this act shall not apply to any person holding a certificate giving the right to take birds, their nests, or eggs for scientific purposes,as provided for in section 5 of this act. Sec. 5- Certificates may be granted by [here follow the names of the persons],if any, duly authorized by this act to grant such certificates,or by any incorporated society of natural history in the State, through such personsor officersas said society lnay designate,to any properly accred- ited person of the age of fifteen years or upward, permitting the holder thereof to collect birds, their nests or eggs, for strictly scientific purposes only. In order to obtain such certificatethe applicant for the same must present to the person or personshaving the power to grant said certificate written testimonials from two well-known scientific •nen, certifying to the good character and fitness of said applicant to be intrusted with such privilege; must pay to said persons or officersone dollar to defray the necessaryexpenses attending the granting of such certificates; and must file with said persons or officers a properly executed bond, in the sum of two hundred dollars, signed by two responsible citizens of the State as sureties. On proof that the holder of such a certificate has killed any bird, or taken the nest or eggs of any bird, for other than scientific purposeshis bondshall be forfeited to the State, and the certificatebecome void, and he shall be further subjectfor each such offenseto the penalties provided therefor in section 3 of this act. Sec. 6. The certificates authorized by this act shall be in force for one year only from the date of their issue,and shall not be transferable. Sec.7 ) The Englishor Europeanhouse sparrow {Passer dorn½slictts) is not included among the birds protected by this act. Sec. 8. All actsor parts of acts, heretofore passed,inconsistent with or contraryto the provisionsof this act, are hereby repealed. Sec. 9. This act shall take effect upon its passage.

THE THAYER FUND.

The treasurer of the fund attaches a statement showing the subscriptionsand disbursementsduring the year endingNovem- ber •, •9o•, the correctnessof whichhe certifiesto.

•Where it is absolutelynecessary to excludeany birds from protection they maybe addedto Section7, so as uot to alter the main text. Vol. XI X"] •9oz J DUTCHI•R,Proleclœoi• of Gttlls ai•d Terns. 6 I

]NEw YORK, NOV. I v I9OI. WILLIAM DUTCHER, Treasurer.

I_N; ACCOUNT WITH THAYER FUND.

Balance brought forward from •9oo $449.98 SUBSCRIPTIONS.

J. M. Sears $200.00 D.C. McEwen $•o.oo C. L. Freer •5o.oo Jno. D. Hicks •o.oo Ellen R. Pickman •5o.oo R.C. Robbins •o.Oo A. Hemenway •oo.oo W.S. Peele io.oo Louisa L. Kane •oo.oo C.E. Norton 5.00 Mrs. A. Hemenway •oo.oo Wm. Amory •.oo Wm. Brewster •oo.oo Misses Merriman 5.00 Ellen J. Stone 50.00 Miss A. C. Gelpcke 5.00 Mary Lionberger 30.00 Miss Jean Ricketts 5.00 H. Y. S. Hunnewell 25.00 Jno. Donaldson 5.00 S. O. Metcalf 25.o0 Emily Howland 5.25 Mrs. J. S. Kennedy 25.00 W.H. Aspinwall 5.o0 Miss E. L.O. 25.00 Mrs. Z. Chaffee 5.00 Edith C. Macy 25.00 Frank M. Day 5.00 Frank J. Heckel 25.00 S. Brooks 5.00 A. A. Lawrence 25.00 Mrs. F. T. Gray 5.00 H. S. Hunnewell 25.00 Mrs. R. M. Lawrence 5.00 •Valter Hunnewell 25.00 Miss Lucy H. Baird 5.00 Dean Sage 20.00 Mary I. Corning 5.00 Col. O. H. Payne 20.00 H.H. •Vhite 5.00 H. M. Hanna 20.00 Miss Cowper Lord 5.00 W. B. Dickerman 20.00 M. Benj. Nicoll 5.00 Conn. Audubon Society 20.00 ;V. G. Van Name 5.00 Miss Mary A. Greene 20.00 F.R. Bangs 5.00 Mrs. R. G. Shaw 20.00 Jno. L. Cox 5.oo Mrs. T. M. Brewer 20.00 Ralph XV. Trine 5.00 Mr. & Mrs. •V. M. Smith •5-00 Etta F. Miles CarolineP. Latimer •5.oo (Six children'sclubs) 3-75 Miss FannieDwight •o.00 Miss Anna'.D.Ludlow 3.00 S. H. XVheeler •o.oo Helen P. Haskell 3.00 Rev. G. F. Weld and wife •o.oo Elizabeth Christian 3.00 Mary L. Parsons IO.OO Miss E. A. Dana 3.00 EllenD. Sharp •o.oo Annie M. Archer 3.0.0 Mrs. Lowell •o.oo RoyalE. Robbins,2nd 3.00 Ellen Collinsand sister •o.oo 29 contributionsfrom $2.00to Cash IO.00 IO cents each 32.65

$ • 679.65

$2•29.63 62 DUTC}II•R,Protectt'ou of Gulls and Terns. [Jan.[-Auk

EXPENDITURES.

Vir•iuia. F. C. Kirkwood, Tray. expenses $40.0o 8 wardens 140.00 $•8o.oo

21•raryland. F. C. Kirkwood, Tray. expenses 4-35 i warden . 25.00 29.35 New Jersey. W. L. Bally, Tray. expenses--Inspection 4.00 W. Dutcher, " " to Legislature . 3.25 Dr. Palmer, " " " " 8.25 W. D. W. Miller," " 3 .oo Telegram and sundries . .75 Copy of law 2,OO 2 wardens 4 ø .oo Maps .5 ø Warning notices •3.oo 74.75

New York.

W. Dutcher, Tray. expenses to Legislature 32.54 E. Hicks, " " •2.• 9 Copies of law 5.oo Advertising 3.oo Telegramsand telephone 7.55 3 wardens 60.00 Warning notices •3.oo t33.28

Connecticut.

One warden 2o.5o 20.50

211at'u e . W. Dutcher, Tray. expensesto Legislature . 38.82 Dr. Palmer, " " " " 44.oo Advertising law 6.5o Express • .o 5 Copies of law . 4.00 Posting noticeson islands 5.00 Telegrams Postage on notices ß 9.oo Warning notices •8.4o II wardens 353-3 o 48t.23 Delaware. W. Dutcher• Tray. expensesto Legislature •o.o3 W. Stone, " " " " 6.oo t6.o 3 'Vol.•9o2XIX] DUTCHER,Pro•ecNon ofGulls and Terns. 63

Louisiana.

.G.E. Beyer, Tray. expenses 39.25 i warden . 16o.oo 199.25

Birds used in evidence (case won) .

gassachnsetL½.

R. H. Howe, Jr., Tray. expenses 8.33 i detective, i month, salary & tray. exp. 146.89 155.22 Florida.

Dr. Pahner, Tray. expensesto Legislature . 25.70 •V. Dutcher, " " " " 88.04 R. •V. Williams, Jr., sundries 5.oo •Varning notices 32.05 15o.79

2Vew IYami•shire. •Varning notices

Geor•ia. •V. Dutcher, Tray. expensesto Legislature 9S.24 Dr. Pahner, " " " " 17.25 115.49

GENERAL EXPEI'½SE$ OF COMMITTEE.

Postage 86.00 Printing . , 50.83 Clerical •vork . 31.3 ø Letter cases Clasp envelopes for mailing reports 11.2 5 Exchange Copies of state laws 5 .oo Protection Committee reports 39.00 Reports of Ill. and Mass. Aud. Societies 3.34 •V. D., Tray. exp. to •Vashington I4.25 Telegrams .72 Sundries 8.65 252.o4 683.54 $1828.o3 Balance forwarded to 19o2 3Ol.6O $2129.63 The above report and financial statement are Respectfullysubmitted for the Committee, WILLIAM DUTCHER.

2Vew York City, November I, I9OI. 64 SAGE,Nineleenlh Congeress ofthe A. O.U• [Jan.[- Auk

PROTECTIONCOMMITTEE FOR 1902.

WILLIAMDUTCHER, Chairman, 525 ManhattanAve., New York, N.Y. ABBOTTH. THAYER,Monadnock, New Hampshire. JOHN M. SWAIN,Portland, Maine. RALPH HOFFMANN, Belmont, Mass. JAMESH. HILL, New London, Conn. WILLIAM L. BAIL¾, Ardmore, Pa. FRANK C. KIRKWOOD, Baltimore, Md. ROBERTW. WILLIAMS, JR., Tallahassee,Florida. PROV. GEO. E. BEYER, New Orleans, La. FRANK BOND,Cheyenne, Wyoming. MRS. FLORENCEMERRIAM BAILEY, Washington, D.C. EDWARDB. CLARK,Chicago, Ill. MRS. LOUISEMcGowN STEPHENSONyHelena, Ark. A. W. ANTHONY,Portland, Oregon. Sub-Committee on Zaws. T. S. PAZMER,M.D., Washington,D.C.

NINETEENTH CONGRESS OF THE AMERICAN ORNITHOLOGISTS' UNION.

THE NINETEENTHCONGRESS of the American Ornithologists' Union convenedin New York City Monday evening,November 11, 19Ol. The meetingswere held at the American Museum of Natural History, the publicsessions commencing Tuesday, Novem- ber 12, and lasting three days. BUSINESSSESSIO•.--The meeting was called to order by the President, Dr. C. Hart Merriam. Sixteen Active Members were present. The Secretary's report gave the membership of the Union at the opening of the present Congressas 738, constituted as follows: Active, 44; Honorary, 16; Corresponding,62; Asso- ciate, 616.