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 al- ready 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 per- manent 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 char- acter,which.may be designated as follows: Legislative Work, and Protection by Wardens. 36 ])UTCHER•])rofecfz'o•t of Gulls and Terns. I_Jan.•Auk 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 number of 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, show- ing 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 pro- tected, 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 com- mittee 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 warn- ing 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
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