Frederic Austin Ogg PART V.--SWITZERLAND CHAPTER XXII THE CONSTITUTIONAL SYSTEM--THE CANTONS I. The Confederation and Its Constitution Among the governments of contemporary Europe that of the federal republic of Switzerland is unique; and the constitutional experiments which have been, and are being, undertaken by the Swiss people give the nation an importance for the student of politics altogether out of proportion to its size and population. Nowhere in our day have been put to the test in more thoroughgoing fashion the principles of federalism, of a plural executive, of proportional representation, of the initiative and the referendum, and, it may be said, of radical democracy in general. The results attained within a sphere so restricted, and under conditions of race, religion, and historical tradition so unusual, may or may not be accepted as evidence of the universal practicability of these principles. At the least, they are of acknowledged interest. 447. The Confederation in the Eighteenth Century.—In the form in which it exists to-day the Swiss Confederation is a product of the middle and later nineteenth century. The origins of it, however, are to be traced to a very much remoter period. Beginning with the alliance of the three forest cantons of Uri, Schwyz, and Unterwalden in 1291,[579] the Confederation was built up through the gradual creation of new cantons, the splitting of old ones, the reorganization of dependent territories, and the development of a federal governmental system, superimposed upon the constitutional arrangements of the affiliated states. In 1789, when the French Directory, at the instigation of Napoleon, took it upon itself to revolutionize Switzerland, the Confederation consisted of thirteen cantons.[580] With it were associated certain Zugewandte Orte, or allied districts, some of which eventually were erected into cantons, together with a number of Gemeine Vogteien, or subject territories. The Confederation comprised simply a Staatenbund, or league of essentially autonomous states. Its only organ of common action was a diet, in which each canton had a right to one vote. Save in matters of a purely advisory nature, the powers of this diet were meager indeed. Of the cantons, some were moderately democratic; others were highly aristocratic. The political institutions of all were, in large measure, such as had survived from the Middle Ages. 448. The Helvetic Republic.—The result of the French intervention of 1798 was that, almost instantly, the loosely organized Swiss confederation was converted into a centralized republic, tributary to France, and under a constitution which was substantially a reproduction of the French instrument of 1795. Under the terms of this constitution the territories of the Confederation were split up into twenty-three administrative districts, corresponding in but rare instances to the earlier cantons,[581] a uniform Swiss citizenship was established, a common suffrage was introduced, freedom of speech and of the press was guaranteed, and unity was provided for in the coinage, the postal service, and the penal law. A government of ample powers was set up, with its seat at Lucerne, its organs comprising a Grand Council of deputies elected indirectly in the cantons in proportion to population, a Senate of four delegates from each canton (together with retiring members of the Directory), and an Executive Directory of five members, with whom were associated, for administrative purposes, four appointed heads of departments. The French intervention was ruthless and the governmental order thrust upon the Swiss had no root in national tradition or interest. The episode served, however, to break the shackles of mediÆvalism and thus to contribute to the eventual establishment of a modernized nationality. July 2, 1802, following a series of grave civil disturbances, the constitution of 1798 was superseded by a new but similar instrument, which was imposed by force despite an adverse popular vote.[582] 449. The Act of Mediation, 1803.—Under the circumstances reaction was inevitable, and the triumph of the "federalists" came more speedily than might have been expected. In deference to preponderating sentiment in the territories, Napoleon, February 19, 1803, promulgated the memorable Act of Mediation, whereby he authorized the re-establishment of a political system that was essentially federal.[583] Once again there was set up a loose confederation, under a constitution which, however, provided for a central government that was distinctly more substantial than that which had prevailed prior to 1798. The right, for example, to make war and to conclude treaties, withdrawn entirely from the individual cantons, was conferred specifically upon the federal Diet. To the thirteen original cantons were added six new ones—Aargau, Thurgau, Vaud, Ticino, and the Grisons (St. Gall and GraubÜnden)—the first four formed from districts which under the old rÉgime had occupied the status of subordinate territory, the last two having been formerly "allied states." In the Diet six cantons (Bern, ZÜrich, Vaud, Aargau, St. Gall, and GraubÜnden) which had a population in excess of 100,000 were given each two votes. All others retained a right to but one. The executive authority of the Confederation was vested by turns in the six cantons of Bern, Freiburg, Lucerne, ZÜrich, Basel and Solothurn, the "directorial" canton being known as the Vorort, and its chief magistrate as the Landammann, of the Confederation. The principle of centralization was in large part abandoned; but the equality of civil rights which the French had introduced was not allowed by Napoleon to be molested. It may be observed further that by the accession of the newly created cantons, containing large bodies of people who spoke French, Italian, and Romansch, the league ceased to be so predominantly German as theretofore it had been.[584] 450. The Pact of 1815 and the Revival of Particularism.—The Act of Mediation, on the whole not unacceptable to the majority of the Swiss people, save in that it had been imposed by a foreign power, continued in operation until 1813. During the decade Switzerland was essentially tributary to France. With the fall of Napoleon the situation was altered, and December 29, 1813, fourteen of the cantons, through their representatives assembled at ZÜrich, declared the instrument to be no longer in effect. Led by Bern, eight of the older cantons determined upon a return to the system in operation prior to 1798, involving the reduction of the six most recently created cantons to their former inferior status. Inspired by the Tsar Alexander I., however, the majority of the Allies refused to approve this programme, and, after the Congress of Vienna had arranged for the admission to the confederacy of the three allied districts of Valais, Geneva, and NeuchÂtel, there was worked out, by the Swiss themselves, a constitution known as the "Federal Pact," which was formally approved by the twenty-two cantons at ZÜrich, August 7, 1815.[585] By this instrument the ties which bound the federation together were still further relaxed. The cantons regained almost the measure of independence which they had possessed prior to the French intervention. The Diet was maintained, on the basis now of one vote for each canton, regardless of size or population.[586] It possessed some powers,—for example, that of declaring war or peace, with the consent of three-fourths of the cantons,—but there were virtually no means by which the body could enforce the decrees which it enacted. The executive authority of the Confederation was vested in the governments of the three cantons of ZÜrich, Lucerne, and Bern, which, it was stipulated, should serve in rotation, each during a period of two years. Practically all of the guarantees of common citizenship, religious toleration, and individual liberty which the French had introduced were rescinded, and during the decade following 1815 the trend in most of the more important cantons was not only particularistic but also distinctly reactionary. The smaller and poorer ones retained largely their democratic institutions, especially their Landesgemeinden, or primary assemblies, but it was only after 1830, and in some measure under the stimulus of the revolutionary movements of that year, that the majority of the cantonal governments underwent that regeneration in respect to the suffrage and the status of the individual which lay behind the transforming movements of 1848.[587] 451. Attempted Constitutional Revision: the Sonderbund.—The period between 1830 and 1848 was marked by not fewer than thirty revisions of cantonal constitutions, all in the direction of broader democracy.[588] The purposes of the liberal leaders of the day, however, extended beyond the democratization of the individual cantons. The thing at which they aimed ultimately was the establishment, through the strengthening of the Confederation, of a more effective nationality. On motion of the canton of Thurgau, a committee was authorized in 1832 to draft a revision of the Pact. The instrument which resulted preserved the federal character of the nation, but provided for a permanent federal executive, a federal court of justice, and the centralization of the customs, postal service, coinage, and military instruction. By a narrow majority this project, in 1833, was defeated. It was too radical to be acceptable to the conservatives, and not sufficiently so to please the advanced liberals. The obstacles to be overcome—native conservatism, intercantonal jealousy, and ecclesiastical heterogeneity—were tremendous. More than once the Confederation seemed on the point of disruption. In September, 1843, the seven Catholic cantons[589] entered into an alliance, known as the Sonderbund, for the purpose of defending their peculiar interests, and especially of circumventing any reorganization of the confederacy which should involve the lessening of Catholic privilege; and, in December, 1845, this affiliation was converted into an armed league. In July, 1847, the Diet, in session at Bern, decreed the dissolution of the Sonderbund; but the recalcitrant cantons refused to abandon the course upon which they had entered, and it was only after an eighteen-day armed conflict that the obstructive league was suppressed.[590] 452. The Constitution of 1848 and the Revision of 1874.—The war was worth while, because the crisis which it precipitated afforded the liberals an opportunity to bring about the adoption of a wholly new constitution. For a time the outlook was darkened by the possibility of foreign intervention, but by the outbreak of the revolution of 1848 at Paris that danger was effectually removed. The upshot was that, through the agency of a committee of fourteen, constituted, in fact, February 17, 1848—one week prior to the overthrow of Louis Philippe—the nationalists proceeded to incorporate freely the reforms they desired in a constitutional projet, and this instrument the Diet forthwith revised slightly and placed before the people for acceptance. By a vote of 15-1/2 cantons (with a population of 1,900,000) to 6-1/2 (with a population of 290,000), the new constitution was approved. The adoption of the constitution of 1848, ensuring a modified revival of the governmental rÉgime of 1798-1803, comprised a distinct victory for the Radical, or Centralist, party. During the two decades which followed this party maintained complete control of the federal government, and in 1872 it brought forward the draft of a new constitution whose centralizing tendencies were still more pronounced. By popular vote this proffered constitution was rejected. Another draft, however, was prepared and, April 19, 1874, by a vote of 14-1/2 cantons against 7-1/2, it was adopted. The popular vote was 340,149 to 198,013. Amended subsequently upon a large number of occasions,[591] the instrument of 1874 is the fundamental law of the Swiss Confederation to-day, although it is essential to observe that it represents only a revision of the constitution of 1848. As a recent writer has said, "the one region on the continent to which the storms of 1848 brought immediate advantage was Switzerland, for to them it owes its transformation into a well-organized federal state."[592] II. The Nation and the States 453. Dominance of the Federal Principle.—In its preamble the Swiss constitution proclaims its object to be "to confirm the alliance of the Confederation and to maintain and to promote the unity, strength, and honor of the Swiss nation;" and in its second article it affirms that it is the purpose of the Confederation "to secure the independence of the country against foreign nations, to maintain peace and order within, to protect the liberty and the rights of the confederates, and to foster their common welfare."[593] The use of the term "nation" (which, curiously, nowhere occurs in the constitution of the United States) might seem to imply a considerably larger measure of centralization than in fact exists. For although the effect of the constitution of 1848 was to convert a loosely organized league into a firmly constructed state—to transform, as the Germans would say, a Staatenbund into a Bundesstaat—the measure of consolidation attained fell, and still falls, somewhat short of that which has been realized in the United States, and even in Germany. There are in the Confederation twenty-two cantons, of which three (Unterwalden, Basel, and Appenzell) have split into half-cantons; so that there are really twenty-five political units, each with its own government, its own laws, and its own political conditions. In territorial extent these cantons vary all the way from 2,773 to 14 square miles, and in population, from 642,744 to 13,796;[594] and the primary fact of the Swiss governmental system is the remarkable measure of political independence which these divisions, small as well as large, possess. 454. The Sovereignty of the Cantons.—In the United States there was throughout a prolonged period a fundamental difference of opinion relative to the sovereignty of the individual states composing the Union. The Constitution contains no explicit affirmation upon the subject, and views maintained by nationalists and state right's advocates alike have always been determined of necessity by interpretation of history and of public law. In Switzerland, on the contrary, there is, upon the main issue, no room for doubt. "The cantons are sovereign," asserts the constitution, "so far as their sovereignty is not limited by the federal constitution; and, as such, they exercise all the rights which are not delegated to the federal government."[595] As in the United States, the federal government is restricted to the exercise of powers that are delegated, while the federated states are free to exercise any that are not delegated exclusively to the nation, nor prohibited to the states. In the Swiss constitution, however, the delimitation of powers, especially those of a legislative character, is so much more minute than in the American instrument that comparatively little room is left for difference of opinion as to what is and what is not "delegated."[596] 455. Federal Control of the Cantons.—After the analogy of the United States, where the nation guarantees to each of the states a republican form of government, the Swiss Confederation guarantees to the cantons their territory, their sovereignty (within the limits fixed by the fundamental law), their constitutions, the liberty and rights of their people, and the privileges and powers which the people have conferred upon those in authority. The cantons are empowered, and indeed required, to call upon the Confederation for the guaranty of their constitutions, and it is stipulated that such guaranty shall be accorded in all instances where it can be shown that the constitution in question contains nothing contrary to the provisions of the federal constitution, that it assures the exercise of political rights according to republican forms, that it has been ratified by the people, and that it may be amended at any time by a majority of the citizens.[597] A cantonal constitution which has not been accorded the assent of the two houses of the federal assembly is inoperative; and the same thing is true of even the minutest amendment. The control of the federal government over the constitutional systems of the states is thus more immediate, if not more effective, than in the United States, where, after a state has been once admitted to the Union, the federal power can reach its constitutional arrangements only through the agency of the courts. Finally, in the event of insurrection the government of the Confederation possesses a right to intervene in the affairs of a canton, with or without a request for such intervention by the constituted cantonal authorities. This right was exercised very effectively upon the occasion of the Ticino disorders of 1889-1890. Like the American states, but unlike the German, the Swiss cantons enjoy a complete equality of status and of rights. They are forbidden to enter into alliances or treaties of a political nature among themselves, though they are permitted to conclude intercantonal conventions upon legislative, administrative, and judicial subjects, provided such conventions, upon inspection by the federal officials, are found to be devoid of stipulations contrary to the federal constitution or inimical to the rights of any canton. In the event of disputes between cantons, the questions at issue are required to be submitted to the federal government for decision, and the individual canton must refrain absolutely from the use of violence, and even from military preparation. 456. Powers Vested Exclusively in the Confederation.—Within the text of the constitution the division of powers between the federal and the cantonal governments is minute, though far from systematic. The clearest conception of the existing arrangements may perhaps be had by observing that provision is made for three principal categories of powers: (1) those that the Confederation has an exclusive right to exercise, some being merely permissive, others obligatory; (2) those which the Confederation is required, or allowed, to exercise in concurrence with the cantons; and (3) those which are not permitted to be exercised at all. Of powers committed absolutely to the Confederation, the most important are those of declaring war, making peace, and concluding alliances and treaties with foreign powers, especially treaties relating to tariffs and commerce.[598] The Confederation is forbidden to maintain a standing army, and no canton, without federal permission, may maintain a force numbering more than three hundred men. None the less, by law of 1907, every male Swiss citizen between the ages of twenty and forty-eight is liable to military service, and the constitution vests not only the sole right of declaring war but also the organization and control of the national forces in the Confederation.[599] The neutralized status with which, by international agreement, Switzerland has been vested renders a war in which the nation should be involved, other, at any rate, than a civil contest, extremely improbable.[600] Within the domain of international relations, the cantons retain the right to conclude treaties with foreign powers respecting border and police relations and the administration of public property. All remaining phases of diplomatic intercourse are confided exclusively to the Confederation. Other functions vested in the federal authorities alone include the control of the postal service and of telegraphs; the coining of money and the maintenance of a monetary system; the issue of bank notes and of other forms of paper money; the fixing of standards of weights and measures; the maintenance of a monopoly of the manufacture and sale of gunpowder; and the enactment of supplementary legislation relating to domicile and citizenship. 457. Concurrent Powers and Powers Denied the Confederation.—Among powers which are intrusted to the Confederation, to be exercised in more or less close conjunction with the cantonal governments, are: (1) the making of provision for public education, the cantons maintaining a system of compulsory primary instruction, the Confederation subsidizing educational establishments of higher rank;[601] (2) the regulation of child labor, industrial conditions, emigration, and insurance; (3) the maintenance of highways; (4) the regulation of the press; and (5) the preservation of public order and of peace between members of different religious organizations. Several explicit prohibitions rest upon the authorities of both Confederation and cantons. No treaties may be concluded whereby it is agreed to furnish troops to other countries. No canton may expel from its own territory one of its citizens, or deprive him of his rights. No person may be compelled to become a member of a religious society, to receive religious instruction, to perform any religious act, or to incur penalty of any sort by reason of his religious opinions.[602] No death penalty may be pronounced for a political offense. The prohibitions, in short, which the constitution imposes upon federal and cantonal authorities comprise essentially a bill of rights, comparable with any to be found in a contemporary European constitution. 458. General Aspects.—The fundamental thing to be observed is that under the Swiss constitution, as under the German, the legislative powers of the federal government are comprehensive, while the executive authority, and especially the executive machinery, is meager. The Confederation has power to legislate upon many subjects—military service, the construction and operation of railroads, education, labor, taxation, monopolies, insurance, commerce, coinage, banking, citizenship, civil rights, bankruptcy, criminal law, and numerous other things. In respect to taxation the federal government possesses less power than does that of Germany, and distinctly less than does that of the United States, for this power is confined to the single field of customs legislation;[603] but in virtually every other direction the legislative competence of the Swiss central authorities is more extended. It is worth observing, furthermore, that the centralizing tendency since 1874 has found expression in a number of constitutional amendments whose effect has been materially to enlarge the domain covered by federal legislation. Among these may be mentioned the amendment of July 11, 1897, granting the Confederation power to enact laws concerning the traffic in food products, that of November 13, 1898, extending the federal legislative power over the domain of civil and criminal law, that of July 5, 1908, conferring upon the Confederation power to enact uniform regulations respecting the arts and trades (thus bringing substantially the entire domain of industrial legislation within the province of the Confederation), and that of October 25, 1908, placing the utilization of water-power under the supervision of the central authorities. Within the domain of administrative functions, the principle is rather that of committing to the federal agencies a minimum of authority. Beyond the management of foreign relations, the administration of the customs, the postal, and the telegraph services, and of the alcohol and powder monopolies, and the control of the arsenals and of the army when in the field, the federal government exercises directly but inconsiderable executive authority. It is only in relation to the cantonal governments that its powers of an administrative nature are large; and even there they are only supervisory. In a number of highly important matters the constitution leaves to the canton the right to make and enforce law, at the same time committing to the Confederation the right to inspect, and even to enforce, the execution of such measures. Thus it is stipulated that the cantons shall provide for primary instruction which shall be compulsory, non-sectarian, and free; and that "the Confederation shall take the necessary measures against such cantons as do not fulfill these duties."[604] Not only, therefore, does the federal government enforce federal law, through its own officials or through those of the canton; it supervises the enactment and enforcement of measures which the constitution enjoins upon the cantons.[605] III. Cantonal Legislation: the Referendum and the Initiative 459. Variation of Cantonal Institutions.—In its fundamental features the federal government of Switzerland represents largely an adaptation of the political principles and organs most commonly prevailing within the individual cantons; from which it follows that an understanding of the mechanism of the federation is conditioned upon an acquaintance with that of the canton.[606] Anything, however, in the nature of a description which will apply to the governmental systems of all of the twenty-five cantons and half-cantons is impossible. Variation among them, in both structure and procedure, is at least as common and as wide as among the governments of the American commonwealths. Each canton has its own constitution, and the Confederation is bound to guarantee the maintenance of this instrument regardless of the provisions which it may contain, provided only, as has been pointed out, that there is in it nothing that is contrary to the federal constitution, that it establishes a republican system of government, and that it has been ratified by the people and may be amended upon demand of a majority. The constitutions of the cantons are amended easily and frequently; but while it may be affirmed that, in consequence of their flexibility, they tend toward more rather than toward less uniformity, the diversity that survives among them still proclaims strikingly their separatist origin and character. The point at which the governments of the cantons differ most widely is in respect to arrangements for the exercise of the functions of legislation. Taking the nature of the legislative process as a basis of division, there may be said to be two classes of cantonal governments. One comprises those in which the ultimate public powers are vested in a Landesgemeinde, or primary assembly of citizens; the other, those in which such powers have been committed to a body of elected representatives. The second class, as will appear, falls again into two groups, i.e., those in which the employment of the referendum is obligatory and those in which it is merely optional. 460. The Landesgemeinde.—Prior to the French intervention of 1798 there were in the Confederation no fewer than eleven cantons whose government was of the Landesgemeinde type. To-day there are but six cantons and half-cantons—those, namely, of Uri, Glarus, the two Unterwaldens, and the two Appenzells. Under varying circumstances, but principally by reason of the increasingly unwieldy character of the Landesgemeinde as population has grown, the rest have gone over to the representative system. All of those in which the institution survives are small in area and are situated in the more sparsely populated mountain districts where conditions of living are primitive and where there is little occasion for governmental elaborateness.[607] Nominally, the Landesgemeinde is an assembly composed of all male citizens of the canton who have attained their majority. Actually, it is a gathering of those who are able, or disposed, to be present. The assembly meets regularly once a year, in April or May, at a centrally located place within the canton, and usually in an open meadow. When necessity arises, there may be convened a special session. With the men come ordinarily the women and children, and the occasion partakes of the character of a picturesque, even if solemn and ceremonious, holiday. Under the presidency of the Landammann, or chief executive of the canton, the assembly passes with despatch upon whatsoever proposals may be laid before it by the Landrath, or Greater Council. In the larger assemblies there is no privilege of debate. Measures are simply adopted or rejected. In the smaller gatherings, however, it is still possible to preserve some restricted privilege of discussion. Unless a secret ballot is specifically demanded, voting is by show of hands. Theoretically, any citizen possesses the right to initiate propositions. In practice, however, virtually all measures emanate from the Greater Council, and if the private citizen wishes to bring forward a proposal he will be expected to do so by suggesting it to the Council rather than by introducing it personally in the assembly. The competence of the Landesgemeinde varies somewhat from canton to canton, but in all cases it is very comprehensive. The assembly authorizes the revision of the constitution, enacts all laws, levies direct taxes, grants public privileges, establishes offices, and elects all executive and judicial officials of the canton. Directly or indirectly, it discharges, indeed, all of the fundamental functions of government. It is the sovereign organ of a democracy as thoroughgoing as any the world has ever known.[608] 461. The Greater Council.—In every canton, whether or not of the Landesgemeinde type, there is a popularly elected representative body, the Greater Council, which performs a larger or smaller service in the process of legislation. This body is variously known as the Grosser Rath, the Landrath, and the Kantonsrath. In the cantons that maintain the Landesgemeinde the functions of the Greater Council are subsidiary. It chooses minor officials, audits accounts, and passes unimportant ordinances; but its principal business is the preparation of measures for the consideration of the Landesgemeinde. In the cantons, however, in which the Landesgemeinde does not exist, the Greater Council is a more important institution, for there it comprises the only law-making body which is ever brought together at one time or place. Where there exists the obligatory referendum, i.e., where all legislative measures are submitted to a direct popular vote, the decisions of the Council are but provisional. But where the referendum is optional the Council acquires in many matters the substance of final authority. Members of the Council are elected regularly in districts by direct popular vote. The size of constituencies varies from 188 people in Obwalden and 250 in Inner Appenzell to 1,500 in St. Gall and ZÜrich and 2,500 in Bern. The electors include all males who have completed their twentieth year and who are in possession of full civil rights. The term of members varies from one to six years, but is generally three or four. There are, as a rule, two meetings annually, in some cantons a larger number. Beginning with the canton of Ticino in 1891, there has been introduced into the governmental systems of several cantons and of the two cities of Bern and Basel the principle of proportional representation. The details vary, but the general principle is that each political party shall be entitled to seats in the Greater Council in the closest practicable proportion that the party vote bears to the entire vote cast within the canton. Those cantons where this principle is in operation are laid out in districts, each of which is entitled to two or more representatives, and the individual elector, while forbidden to cast more than one vote for a given candidate, casts a number of votes corresponding to the number of seats to be filled.[609] 462. The Referendum: Origins and Operation.—The most interesting if not the most characteristic, of Swiss political institutions is the referendum. The origins of the referendum in Switzerland may be traced to a period at least as early as the sixteenth century. The principle was applied first of all in the complicated governments of two territories—the Grisons and the Valais—which have since become cantons but which at the time mentioned were districts merely affiliated with the Confederation. In the later sixteenth century there were traces of the same principle in Bern and in ZÜrich. And, in truth, the political arrangements of the early Confederation involved the employment of a device which at least closely resembled the referendum. Delegates sent by the cantons to the Diet were commissioned only ad audiendum et referendum; that is to say, they were authorized, not to agree finally to proposals, but simply to hear them and to refer them to the cantonal governments for ultimate decision. In its present form, however, the Swiss referendum originated in the canton of St. Gall in 1830. It is distinctively a nineteenth century creation and is to be regarded as a product of the political philosophy of Rousseau, the fundamental tenet of which was that laws ought to be enacted, not through representatives, but by the people directly.[610] The principle of the referendum may be applied in two essentially distinct directions, i.e., to constitutions and constitutional amendments and to ordinary laws. The referendum as applied to constitutional instruments exists to-day in every one of the Swiss cantons.[611] It is in no sense, however, peculiar to Switzerland. The same principle obtains in several English-speaking countries, as well as upon occasion elsewhere. The referendum as applied to ordinary laws, on the other hand, is distinctively Swiss. In our own day it is being brought into use in certain of the American commonwealths and elsewhere, but it is Swiss in origin and spirit. Inaugurated in part to supply the need created by a defective system of representation and in part in deference to advanced democratic theory, the referendum for ordinary laws exists to-day in every canton of Switzerland save only that of Freiburg. In some cantons the referendum is obligatory, in others it is "facultative," or optional. Where the referendum is obligatory every legislative measure must be referred to popular vote; where it is optional, a measure is referred only upon demand of a specified number or proportion of voters. A petition calling for a referendum must be presented to the executive council of the canton, as a rule, within thirty days after the enactment of the measure upon which it is proposed that a vote be taken. The number of signers required to make the petition effective varies from 500 in Zug to 6,000 in St. Gall. Likewise, the proportion of voters which is competent to reject a measure is variable. In some cantons a majority of all enfranchised citizens is required; in others, a simple majority of those actually voting upon the proposition in hand. In the event of popular rejection of a measure which the cantonal legislature has passed, the executive council gives the proper notice to the legislature, which thereupon pronounces the measure void.[612] 463. The Initiative.—The complement of the referendum is the initiative. Through the exercise of the one the people may prevent the taking effect of a law or a constitutional amendment to which they object. Through the exercise of the other they may not merely bring desired measures to the attention of the legislature; they may secure the enactment of such measures despite the indifference or opposition of the legislative body. In current political discussion, and in their actual operation, the two are likely to be closely associated. They are, however, quite distinct, as is illustrated by the fact that the earliest adoptions of the initiative in Switzerland occurred in cantons (Vaud in 1845 and Aargau in 1852) in which as yet the referendum did not exist. Among the Swiss cantons the right of popular legislative initiative is now all but universal. It has been established in all of the cantons save Freiburg, Lucerne, and Valais. As a rule, measures may be proposed by the same proportion of voters as is competent to overthrow a measure referred from the legislature; and any measure proposed by the requisite number of voters must be taken under consideration by the legislature within a specified period. If the legislature desires to prepare a counter-project to be submitted to the voters along with the popularly initiated proposition, it may do so. But the original proposal must, in any case, go before the people, accompanied by the legislature's opinion upon it; and their verdict is decisive.[613] IV. The Cantonal Executive and Judiciary 464. The Council of State.—Executive authority within the canton is vested regularly in an administrative council, variously designated as a Regierungsrath, a Standeskommission, or a Conseil d'État. The Council of State (employing this phrase to designate each body of the kind, however named) consists of from five to thirteen members, serving for from one to five years. In more than half of the cantons the members are chosen by popular vote; in the rest, they are elected by the Greater Council, or legislature. By the Council of State (in a few instances by the legislature) is chosen a chairman, or president, known in the German cantons as the Landammann.[614] The office of Landammann is one of dignity and honor, at least locally, but it is not one of large authority. The Landammann is the chief spokesman of the canton, but legally his status is scarcely superior to that of his fellow councillors. The functions of the Council embrace the execution of the laws, the preservation of order, the drawing up of fiscal statements, the drafting of proposed legislation, the rendering of decisions in cases on appeal, and, in general, the safeguarding of the interests of the canton. For purposes of convenience the functions of the Council are divided among departments, to each of which one of the councillors is assigned. All acts, however, are performed in the name of the Council as a whole. In those cantons which have full-fledged legislative chambers councillors may attend sessions and speak, though as a rule they may not vote. 465. Local Administration.—For purposes of administration all cantons, save a few of the smaller ones, are divided into districts (187 in the aggregate), at the head of each of which is placed a prefect or Bezirksammann. This official, whether chosen by the Council of State, by the Greater Council, or even by the people of the district, is in every sense a representative of the cantonal government. Sometimes he is assisted by a Bezirksrath, or district council; frequently he is not. In Schwyz there is a Bezirksgemeinde, or popular assembly, in each of the six districts, but this is wholly exceptional. Each canton is built up of communes, or Gemeinden, and these communes, 3,164 in number, comprise the most deeply rooted political units of the country. Legally, each is composed of all male Swiss citizens over twenty years of age resident within the communal bounds during a period of at least three months. The meeting of these persons is known as the Gemeindeversammlung, or the assemblÉe gÉnÉrale. By it are chosen an executive council (the Gemeinderath or conseil municipal) and a mayor (GemeindeprÄsident). A principle adhered to by the cantonal governments generally is that in the work of local administration the largest possible use shall be made of the mayors of towns, the headmen of villages, and other minor local dignitaries.[615] 466. Justice.—Each canton has a judicial system which is essentially complete within itself. Judges are elected by the people. The hierarchy of civil tribunals—the Vermittler, or justice of the peace, the Bezirksgericht, or district court, and the Kantonsgericht—is paralleled by a hierarchy of courts for the trial of criminal cases, a special committee or chamber of the Kantonsgericht serving as the criminal court of last resort. Only in few and wholly exceptional instances may appeal be carried from a cantonal to a federal tribunal. CHAPTER XXIII THE FEDERAL GOVERNMENT I. The Executive 467. The Federal Council: the President.—At the framing of the Swiss constitution, as at that of the American, there arose the question of a single or a plural executive. In the United States the disadvantages assumed to be inherent in an executive which should consist of a number of persons who were neither individually responsible nor likely to be altogether harmonious determined a decision in favor of a single president. In Switzerland, on the other hand, the cantonal tradition of a collegiate executive, combined with an exaggerated fear of the concentration of power, determined resort to the other alternative. There is a president of the Swiss Confederation. But, as will appear, his status is altogether different from that of the President of the United States, and likewise from that of the President of France. The Swiss executive consists rather of a Bundesrath, or Federal Council, in which the President is little more than chairman. "The supreme directive and executive authority of the Confederation," says the constitution, "shall be exercised by a Federal Council, composed of seven members."[616] The members of the Federal Council are elected by the Federal Assembly, i.e., the National Council and the Council of the States in joint session, from among all citizens eligible to the National Council, or popular legislative body, with the condition simply that not more than one member may be chosen from the same canton. Nominally, the term of members is three years; practically, it is variable, for whenever the National Council is dissolved prior to the expiration of its triennial period the new Assembly proceeds forthwith to choose a new Federal Council. Two officials, designated respectively as President of the Confederation and Vice-President of the Federal Council, are elected annually by the Assembly from among the seven members of the Council. A retiring president may not be elected president or vice-president for the succeeding year; nor may any member occupy the vice-presidency during two consecutive years. By custom the vice-president regularly succeeds to the presidency. The function of the President, as such, is simply that of presiding over the deliberations of the Council. He has no more power than any one of his six colleagues. Like each of them, he assumes personal direction of some one of the principal executive departments.[617] The only peculiarity of his status is that he performs the ceremonial duties connected with the titular headship of the state and draws a salary of 13,500 francs instead of the 12,000 drawn by each of the other councillors. He is in no sense a "chief executive." 468. The Executive Departments.—The business of the Council is divided among the seven departments of Foreign Affairs, Interior, Justice and Police, Military Affairs, Imposts and Finance, Posts and Railways, and Commerce, Industry, and Agriculture. Each department is presided over by a member of the Council, and to each is assigned from time to time, by the President, such subjects for consideration as properly fall within its domain. It is stipulated by the constitution, however, that this distribution shall be made for the purpose only of facilitating the examination and despatch of business. All decisions are required to emanate from the Council as a body.[618] Ordinarily a councillor remains at the head of a department through a considerable number of years,[619] and it may be added that, by reason of an increase in the aggregate volume of governmental business, the departmental head enjoys to-day a larger measure of independence than formerly. A quorum of the Council consists of four members, and no member may absent himself from a session without excuse. Except in elections, voting is viva voce, and an abstract of proceedings is published regularly in the official gazette of the Republic. 469. Actual Character of the Council.—The Federal Council, although at certain points resembling a cabinet, is not a cabinet, and no such thing as cabinet government, or a parliamentary system, can be said to exist in Switzerland. The Council does, it is true, prepare measures and lay them before the Assembly. Its members even appear on the floor of the two chambers and defend these measures. But the councillors are not, and may not be, members of the Assembly; they do not, of necessity, represent a common political party, faith, or programme, they are not necessarily agreed among themselves upon the merits or demerits of a particular legislative proposal; and if overruled by a majority of the Assembly they do not so much as think of retiring from office, for each member has been elected by a separate ballot for a fixed term.[620] In other words, the Council is essentially what Swiss writers have themselves denominated it, i.e., an executive committee of the Federal Assembly. It possesses a large measure of solidarity, but only for the purposes of routine business. Quite superior to it in every way—so much so that even its most ordinary administrative measures may be set aside—is the Assembly, as against which the Council possesses not a shred of constitutional prerogative. In the Assembly is vested ultimate authority, and in the event of a clash of policies what the Assembly orders the Council performs. Between the executive and the legislative branches of the government the relation is quite as close as it is in a parliamentary system, but the relation is of a totally different sort.[621] 470. The Council's Functions.—The functions of the Council are at the same time executive, legislative, and judicial. On the executive side it is the duty of the body to "execute the laws and resolutions of the Confederation and the judgments of the Federal Court"; to watch over the external interests of the Confederation and to conduct foreign relations; to safeguard the welfare, external and internal, of the state; to make such appointments as are not intrusted to any other agency; to administer the finances of the Confederation, introduce the budget, and submit accounts of receipts and expenses; to supervise the conduct of all officers and employees of the Confederation; to enforce the observance of the federal constitution and the guaranty of the cantonal constitutions; and to manage the federal military establishment. In respect to legislation it is made the duty of the Council to introduce bills or resolutions into the Federal Assembly and to give its opinion upon the proposals submitted to it by the chambers or by the cantons; also to submit to the Assembly at each regular session an account of its own administration, together with a report upon the internal conditions and the foreign relations of the state.[622] The Council possesses no veto upon the Assembly's measures. The judicial functions of the Council are such as arise from the fact that there are in Switzerland no administrative courts, so that the varied kinds of administrative cases which have been withheld from the jurisdiction of the Federal Tribunal are in practice dealt with directly by the Federal Council, with appeal, as a rule, to the Assembly.[623] II. Legislation: the Federal Assembly With specific reservation of the sovereign rights of the people and of the cantons, the constitution vests the exercise of the supreme authority of the Confederation in the Bundesversammlung, or Federal Assembly. Unlike the cantonal legislatures, the Federal Assembly consists of two houses—a Nationalrath, or National Council, and a StÄnderath, or Council of the States.[624] The one comprises essentially a house of representatives; the other, a senate. The adoption, in the constitution of 1848, of the hitherto untried bicameral principle came about as a compromise between conflicting demands of the same sort that were voiced in the Philadelphia convention of 1787—the demand, that is, of the smaller federated units for an equality of political power and that of the larger ones for a proportioning of such power to population. 471. The National Council: Composition and Organization.—The National Council is composed of deputies chosen at a general election, for a term of three years, by direct manhood suffrage. The constitution stipulates that there shall be one representative for every 20,000 inhabitants, or major fraction thereof, and a reapportionment is made consequent upon each decennial census. The electoral districts are so laid out that no one comprises portions of different cantons; but they are of varying sizes and are entitled to unequal numbers of representatives, according to their population. Within the district all representatives, if there are more than one, are chosen on a general ticket, and the individual elector has a right to vote for a number of candidates equal to the number of seats to be filled. The quota of representatives falling to the various cantons under this arrangement varies from one in Uri and in Zug to twenty-two in ZÜrich and twenty-nine in Bern. Every canton and each of the six half-cantons is entitled to at least one deputy. The total number in 1911 was 189. The electorate consists of all male Swiss who have attained their twentieth year and who are in possession of the franchise within their respective cantons. The establishment of electoral districts, as well as the regulation of the conduct of federal elections, has been accomplished, under provision of the constitution, by federal statute. Voting is in all cases by secret ballot, and elections take place always on the same day (the last Sunday in October) throughout the entire country. An absolute majority of the votes cast is necessary for election, save that, following two unsuccessful attempts to procure such a majority within a district, at the third trial a simple plurality is sufficient. Except that no member of the clergy may be chosen, every citizen in possession of the federal franchise is eligible to a seat in the National Council.[625] Members receive a small salary, which is proportioned to days of actual attendance and paid out of the federal treasury. At each regular or extraordinary session the National Council chooses from among its members a president, a vice-president, and four tellers, under the provision, however, that a member who during a regular session has held the office of president is ineligible either as president or vice-president at the ensuing regular session, and that the same member may not be vice-president during two consecutive regular sessions. In all elections within the National Council the president participates as any other member; in legislative matters he possesses a vote only in the event of a tie. The president, vice-president, and tellers together comprise the "bureau" of the Council, by which most of the committees are nominated, votes are counted, and routine business is transacted.[626] 472. The Council of the States: Composition and Status.—Superficially, the Swiss Council of the States resembles the American Senate, and it is commonly understood that the framers of the constitution of 1848 created the institution not merely by reason of an inevitable tendency to perpetuate in some measure the purely federal features of the old Diet, but also in consequence of a deliberate purpose to set up a legislative body which should fulfill essentially those complementary and restraining functions which in the United States were assigned to the upper chamber. In point of fact, however, the Swiss Council has little in common with its American counterpart. It consists of forty-four members, two chosen within each canton; and to this extent it indeed resembles the Senate. The manner of election and the qualifications of members, however, as well as tenure of office and the arrangements made for remuneration, are not regulated, as are similar matters in the United States, by the constitution, or by federal authority, but, on the contrary, are left entirely to be determined by the individual cantons. The consequence is a total lack of uniformity in these highly important matters. In some cantons members are elected by popular vote; in others, by the legislative assembly. In some they are chosen for one year; in others, for two; in still others, for three. The consequence is that the Council is commonly lacking in compactness and morale. More serious still is the fact that the functions of the upper chamber are in all respects identical with those of the lower. The American Senate has power and character of its own, quite apart from that of the House of Representatives; the Swiss Council has nothing of the kind. Its organization, even, is an almost exact replica of that of the lower chamber.[627] In the earlier days of the present constitutional system the Council enjoyed high prestige and influence; but by reason of the conditions that have been described the body in time fell into decline. Able and ambitious statesmen have preferred usually to be identified with the lower house. The upper chamber possesses large powers—powers nominally co-ordinate with those of the lower one—and it has acted not infrequently with sufficient independence to defeat measures advocated by the National Council. But, without being the feeble upper chamber that is commonly associated with a parliamentary system of government, it is yet essentially lacking in the initiative and independence of a true senate.[628] 473. Powers of the National Assembly.—In the constitution it is stipulated that the National Council and the Council of the States shall have the right to consider all subjects placed within the competence of the Confederation and not assigned to any other federal authority.[629] The range of this competence is enormous. There are, in the first place, certain functions which the two houses perform while sitting jointly under the direction of the president of the National Council. These are electoral and judicial in character and comprise (1) the election of the Federal Council, or executive committee of the Confederation, the federal judges, the chancellor,[630] and the generals of the federal army; (2) the granting of pardons; and (3) the adjustment of jurisdictional conflicts between different branches of the federal governmental system. Much more extensive are the powers which the houses, sitting separately, exercise concurrently. The constitution requires that the councils be assembled at least once annually. In practice, they meet in June and December of each year, regular sessions extending as a rule through four or five weeks. At the request of either one-fourth of the members of the National Council or of five cantons an extraordinary session must be held, and there is a probability of one such session each year, ordinarily in March. The powers assigned the chambers to be exercised in their concurrent capacities may be classified variously. The more important are: (1) the enactment of laws and ordinances upon the organization and election of federal authorities and upon all subjects which by the constitution are placed within the federal competence; (2) the conduct of foreign relations, particularly the concluding of treaties and alliances with foreign powers, the supervision of conventions entered into by the cantons (in the event that the Federal Council, or any canton, protests against such cantonal arrangements), the declaring of war and the concluding of peace, and the taking of measures for the safety, independence, and neutrality of the Confederation; (3) the control of the federal army; (4) the adoption of the annual budget, the authorizing of federal loans, and the auditing of public accounts; (5) the taking of measures for the enforcement of the provisions of the federal constitution, for the carrying out of the guaranty of the cantonal constitutions, for the fulfillment of federal obligations, and for the supervision of the federal administration and of the federal courts; and (6) the revision of the federal constitution.[631] It will be perceived that the powers exercised by the chambers are principally legislative, but also in no small degree executive and judicial; that, as has already been emphasized, the two councils comprise the real directive agency of the Confederation. 474. The Assembly's Procedure.—Federal laws, decrees, and resolutions are passed only by agreement of the two councils. Any measure may originate in either house and may be introduced by any member. There are committees upon various subjects, but bills are referred to them only by special vote. Committee members are chosen by the chamber directly or by the chamber's "bureau," as the chamber itself may determine. In each house a majority constitutes a quorum for the transaction of business, and measures are passed by a simple majority. Sittings, as a rule, are public. It is expressly forbidden that members shall receive from their constituents, or from the cantonal governments, instructions respecting the manner in which they shall vote.[632] III. Legislation: the Referendum and the Initiative From the domain of cantonal legislative procedure there has been carried over into federal law-making the fundamental principle of the referendum. The federal referendum exists to-day in two forms, i.e., the optional and the obligatory. The one appeared for the first time in the revised constitution of 1874 and is applicable exclusively to projects of ordinary legislation. The other was established by the constitution of 1848 and is applicable solely to proposed amendments of that instrument. 475. The Optional Referendum: Laws and Resolutions.—After a law which has been enacted by the Federal Assembly has been published it enters regularly upon a probationary period of ninety days during which, under stipulated conditions, it may be referred directly to the people for ratification or rejection. The only exceptions are afforded by those measures which, by declaration of the councils, are of a private rather than a general character, and those which are "urgent." Such acts take effect at once. But all others are suspended until there shall have been adequate opportunity for the carrying through of a referendum. At any time within the ninety-day period a referendum may be demanded, either by the people directly or by the cantonal governments. Petitions signed by as many as 30,000 voters, or adopted by the legislatures of as many as eight cantons, render it obligatory upon the Federal Council to arrange for the submission of a measure to a referendum within four weeks after the announcement of the demand has been made. The method of the referendum is carefully prescribed by federal legislation. Every citizen in possession of unimpaired civil rights is entitled to vote, and the voting takes place under the supervision of the authorities of the commune and of the canton. If in a majority of the cantons a preponderance of votes is cast in favor of the measure in hand, the Federal Council proclaims the fact and the measure goes at once into operation. An adverse majority, on the other hand, renders the measure null. In the event that no referendum is demanded, the measure, of course, goes automatically into effect at the expiration of the ninety-day period. Since its introduction into the federal constitution the principle of the legislative referendum has been brought to bear upon a not inconsiderable number of legislative projects. The proportion, indeed, of laws falling within the range of the system which have been subjected to the popular vote, while varying widely from time to time, has been not far from ten per cent; and of the measures actually voted upon several of importance have been rejected. In all instances the demand has arisen directly from citizen petitioners, not from the cantonal governments.[633] 476. The Obligatory Referendum: Constitutional Amendments.—In its application to laws and resolutions the referendum is optional; in application to constitutional amendments it is obligatory. Revision of the Swiss constitution may be accomplished at any time, in whole or in part, and in a variety of modes. In the event that the legislative councils are able to agree upon a scheme of revision they vote the adoption of the proposed amendment precisely as if it were an ordinary statute, and it is thereupon submitted to the people for acceptance or rejection. If, however, the two houses disagree upon the question of a total revision, or if as many as 50,000 voters make demand for a total revision, there must be put to the people the preliminary question as to whether there shall be a revision at all. If the will of the majority is affirmative, new legislative councils must be elected, and to them falls the obligation of executing the popular mandate. When the question is one of but partial revision the procedure is somewhat different. Partial revision may be instituted either by the councils or by petition of 50,000 voters. When a popular petition is presented there are four possible courses of action: (1) if the project is presented in general terms and the councils are in agreement upon it, they reduce the proposal to specific form and submit it to the people; (2) if the councils are not in agreement upon the project they put to the people the preliminary question of whether an amendment of the general type proposed is desirable, and if the vote is affirmative they proceed with the revision; (3) if the petition is presented in a form that is specific and final and the councils are in agreement upon it, the project is submitted forthwith to the people; and (4) if the councils are not in agreement upon a specific project so advanced, they may prepare a project of their own, or recommend the rejection of the proposed amendment, and they may submit their counter-project or their recommendation at the same time that the initiative petition is presented to the people.[634] In no case may an amendment be put into effect until it has received the assent of a majority of those voting thereon in a majority of the cantons. Of seventeen constitutional amendments submitted by the Federal Assembly between 1874 and 1908 twelve were ratified and five were rejected. 477. The Popular Initiative.—The right of popular initiative in the revision of the constitution was established by an amendment of July 5, 1891, through the united efforts of all the anti-Radical parties and groups. The purpose underlying the amendment was to break the monopoly long enjoyed by the Radicals by placing within the hands of any fifty thousand citizens the power to compel the federal government to take under consideration proposed modifications of the constitution, to prepare projects relating to them, and to submit these projects to the ultimate decision of the people. When the system was established many persons seriously feared that the way had been thrown open for frequent, needless, and revolutionary change, by which the stability of the state would be impaired. Such apprehension, however, has been proved groundless. During a score of years only nine popularly-initiated amendments have been voted upon, and only three have been incorporated in the fundamental law. One of the three, adopted in 1893, prohibited the Jewish method of slaughtering animals, and was purely a product of the antisemitic movement. The other two were adopted in 1908. One authorized for the first time legislation by the federal authorities upon subjects relating to the trades and professions; the other prohibited the manufacture and sale of absinthe. A number of other more or less sweeping amendments, it is true, have been proposed, but all alike have failed of adoption. Thus, in 1894, perished a socialistic scheme whereby the state was to obligate itself to provide employment for every able-bodied man, and in the same year, a project to pay over to the cantons a bonus of two francs per capita from the rapidly increasing returns of the customs duties.[635] Similarly, in 1900, failed two interesting projected reforms relating to the federal electoral system. One of these provided for the introduction, in the various cantons, of the principle of proportional representation in the election of members of the National Council. The other provided for the election of the members of the Federal Council, not, as at present, by the General Assembly, but by direct popular vote, the whole mass of electors voting, not by cantons, but as one national constituency. In June, 1900, both of these electoral proposals were rejected by the legislative chambers, and in the ensuing November the people ratified the rejection. In 1903, there was defeated in the same way a proposal to base representation in the National Council, not upon the total population of the country, but upon the Swiss population alone. In 1909-10 the proportional representation project was revived, but with a negative result.[636] Among reforms that have been much discussed in recent years has been the extension of the initiative and of the obligatory referendum to all federal legislation. Both apply as yet only to constitutional amendments. In 1906 the Federal Council went so far as to submit to the legislative councils a proposal intended to meet the first of these ends. The purport of the proposal was that fifty thousand voters, or eight cantons, should have the right at any time to demand the passage, modification, or repeal of any sort of federal law or federal decree. In December, 1906, the project was debated in the National Council; after which it was referred to the Federal Council for further consideration. The proposal is still pending, but its eventual adoption is probable.[637] IV. Political Parties 478. Centralism vs. Federalism.—Until the middle of the nineteenth century the most fundamental of political questions in modern Switzerland was that of centralization, and the most enduring of political cleavages among the people was that which marked off the "centralists" from the "federalists." There was a time when the annihilation of the cantons and the establishment of a thoroughly consolidated state was not only openly advocated but confidently predicted. With the establishment, however, of the reasonable compromise embodied in the constitution of 1848 the issue of centralization dropped pretty much into the background. There continued to be, and still are, "centralizers;" but the term has come long since to denote merely men who, with due regard for the susceptibilities of the cantons, direct their influence habitually to the strengthening of the central agencies of government. The constitution of 1848 was the work of a combination of centralist elements which acquired the general designation of Radicals. Opposed to the Radicals were the federalist Moderates. Between 1848 and 1874 controlling influence was maintained steadily by the Radicals, although during the decade 1850-1860 there was a fusion of parties in consequence of which there existed through many years an extremely intricate political situation. Gradually there emerged a three-fold party grouping, which has survived uninterruptedly from the era of the constitutional revision of 1874 until our own day. The three parties, as aligned now through more than a generation in the National Council, are: (1) the Right, or Clericals; (2) the Left, or Radicals; and (3) the Centre, or Liberals. To these, in very recent times, must be added a small but growing group of the Extreme Left, comprising ultra-democrats and socialists. 479. The Parties of To-day.—The basis of segregation of the Right is primarily religious. The party is thoroughly clerical, and it has for its fundamental object the defense of the Catholic church and the interests of the Catholic population. In the Catholic cantons it occupies the field almost alone, and everywhere it is the most compact and zealous of the parties, although even it is not without a certain amount of division of opinion and of policy. The Left, or Radical party, has always represented a combination of widely varied shades of radicalism and democracy. Its greatest strength lies in the predominantly Protestant cantons, and it is distinctly anti-clerical. Large portions of the party have ceased long since to be really radical, although on one side there is an imperceptible shading off into the ranks of the advanced democrats and socialists. Through many years the party has been lacking notoriously in cohesion. Between the Conservative Right and the Radical Left stands the Centre, or the Liberal group, lacking most notably of all in unity, but preserving the traditional Swiss principles of personal freedom in defiance of the tendency of the state in the direction of paternalism. The Liberals are not strong numerically, but they comprise men of wealth and influence (largely conservative Protestants), and in the shaping of economic policies, in which they are interested principally, they sometimes exercise a powerful influence. During the years immediately following the constitutional revision of 1874 no one of these three parties possessed in the Federal Assembly a clear majority, with the consequence that the Centre was able to maintain a balance between the other two. Gradually, however, the Radicals regained their former ascendancy, and in subsequent years their preponderance, in especially the lower chamber, has tended steadily to be increased. 480. Party Stability and Strength.—Concerning the political parties of Switzerland two or three things are worthy of special observation. The first is the remarkable stability which these parties, despite their obvious lack of cohesion, exhibit from the point of view both of party identity and of party strength. Except the Socialists, who have ceased to vote and act with the Radicals, there has sprung into existence not one new political party since 1874. Numerous and varied as have been the political issues of these four decades, no one of them has given rise to a new party grouping. And, save for the gradual augmentation of Radical strength to which allusion has been made, there has been in this period no noteworthy change in the relative strength of the party groups. Sudden fluctuations, such as in other countries are common, are in Switzerland quite unknown. The reasons are varied and not wholly clear, but among them seem to be the brevity of national legislative sessions, the lack of federal patronage whereby party zeal may be whetted, the indirect method of electing the Federal Council, and the essentially non-partisan character of the referendum.[638] Party strength in the National Council following the election of 1878 was: Clericals, 35; Liberals, 31; Radicals, 69. After the election of 1881 it was: Clericals, 36; Liberals, 26; and Radicals, 83. In these proportions the six triennial elections between 1884 and 1902 produced no important change, although in 1890 the Socialists broke somewhat into the balance by winning six seats. After the census of 1900 the number of members of the Council was raised from 147 to 167, and the results of the election of 1902 were as follows: Clericals, 35; Liberals, 25; Radicals, 97; Socialists, 9; and Independents, 1. In 1905 the Radicals, who hitherto had co-operated with the Socialists in many constituencies, broke with them upon the question of military policy, with the result that the Socialist contingent in the Council was cut to two. In 1908 and 1911 the Socialists made, however, some recovery; so that, on the whole, the party situation in the Council remains to-day very nearly what it was ten years ago. By popular suffrage the Radicals are continued uninterruptedly in control, although the people do not hesitate again and again to reject measures framed by Radical administrators and law-makers and submitted to the vote of the nation. 481. The Inactivity of Parties.—A second important fact respecting the parties of Switzerland is their all but total lack of organization and machinery. Parties are little more than groups of people who hold similar views upon public questions. Of office-seekers there are few, and of professional politicians fewer still. Elections are not infrequently uncontested, and only at rare intervals do they serve to awaken any considerable public enthusiasm. There are no campaign managers and funds, no platforms, no national committees, no elaborate systems of caucuses or conventions. Candidates for seats in the National Council are nominated by political gatherings in the several districts, but the proceedings are frequently of an all but purely non-partisan character. Political congresses are held occasionally, and a few political associations exist, but their activities are limited and comparatively unimportant. So far as there is party vigor at all, it is expended principally upon local issues and contests within the cantons. Finally, it must be observed that the Swiss government is not a government by party at all. The Federal Council regularly includes members of more than one party, and there is no attempt to preserve in the body a homogeneous partisan character. Even in the legislative councils considerations of party are but incidental. Upon by no means all public issues are party lines drawn, and where they are drawn there is seldom that compactness and discipline of party to which legislative assemblies in other nations are accustomed. An evidence of the secondary importance of party demarcation is afforded by the fact that, instead of being arranged in groups according to party affiliations, the members of the National Council are so placed, as a rule, that all of the deputies of a canton occupy contiguous seats. The Federal Council, being elected by the Federal Assembly, is practically certain to reflect the preponderating political complexion of that body. But, in the entire absence of the parliamentary system, there is no essential reason why politically the executive and legislative organs should be in accord.[639] V. The Judiciary 482. The Federal Court: Civil Jurisdiction.—In respect to organization, the Swiss federal judiciary is very simple; in respect to functions, it is extremely complex. It comprises but a single tribunal, the Bundesgericht, or Federal Court. The court, created originally in 1848, consists to-day of sixteen judges and nine alternates, all chosen by the Federal Assembly for a term of six years. Any citizen eligible to the National Council may be elected to the Federal Court, but it is incumbent upon the Assembly to take care that all of the three officially recognized languages—German, French, and Italian—are represented. The president and vice-president of the court are designated by the Assembly, for a two years' term, but the court is authorized to organize its own secretariat and to appoint the officials thereof. Judges are forbidden to sit in either house of the federal legislature, to occupy any other office, or to engage in any alien pursuit or profession. Their yearly salary is 12,000 francs. The seat of the Court is Lausanne, in the French province of Vaud. The jurisdiction of the Federal Court extends not only to ordinary civil and criminal cases but also to cases arising under public law. The competence of the tribunal in civil cases is very considerable. It extends to all suits between the Confederation and the cantons; between the Confederation and corporations or individuals, when such corporations or individuals appear as plaintiffs, and when the amount involved exceeds 3,000 francs; between cantons; and between cantons and corporations or individuals, upon request of the parties, and when the amount involved exceeds 3,000 francs. The constitution authorizes the Confederation to enlarge, by legislation, the competence of the Court,[640] and from time to time a variety of specific fields of civil jurisdiction have been opened to it, such as those of transportation and bankruptcy. In addition to original jurisdiction in all matters that have been named, the Court is required by the constitution to exercise appellate jurisdiction in cases carried on appeal, by mutual consent of the parties, from the cantonal courts. For the adjudication of civil cases the Court divides itself into two chambers of seven members each, presided over respectively by the president and vice-president. 483. Criminal and Public Law Jurisdiction.—The tribunal's criminal jurisdiction is less extensive. It covers, in the main, cases of high treason against the Confederation, crimes and misdemeanors against the law of nations, political crimes and misdemeanors of such seriousness as to occasion armed federal intervention, and charges against officers appointed by a federal authority, when such authority makes application to the Federal Court. In cases falling within any one of these categories the Court is required to employ a jury to decide questions of fact. With the consent of the Federal Assembly, criminal cases of other kinds may be referred to the Federal Court by the cantonal governments. For the trial of criminal cases the Court is divided each year into four chambers, each of three members, save the fourth and highest, the Kassationshof, or Court of Appeals, which has five. The Confederation is divided into three Assizenbezirke, or assize districts, and from time to time one of the criminal chambers sits in each. Within the domain of public law the Court is given cognizance of conflicts of jurisdiction between federal and cantonal authorities, conflicts between cantons when arising out of questions of public law, complaints of violation of the constitutional rights of citizens, and complaints of individuals by reason of the violation of concordates or treaties. In actual operation, the range of powers which would appear thus to be conferred is much restricted by a clause which declares that "conflicts of administrative jurisdiction are reserved, and are to be settled in a manner prescribed by federal legislation."[641] Legislation in pursuance of this clause has withdrawn from the jurisdiction of the Court a long list of possible subjects of litigation. Like European courts generally, the Swiss Federal Court possesses no power to determine the constitutionality of law, federal or cantonal. On the contrary, it is obligated to apply all law, by whatever proper authority enacted.[642] 484. The Civil Code.—In 1898 the nation, through the means of a referendum, adopted the principle of the unification of all cantonal legal systems, civil and criminal, in a set of federal codes. Through more than a decade the task has been in progress, drafts being prepared by experts and submitted from time to time for criticism to special commissions and to public opinion. Early in 1908 the Assembly adopted an elaborate Civil Code which in this way had been worked out, and January 1, 1912, this monumental body of law was put in operation. By it many long established practices within the individual cantons were abolished or modified; but the humane and progressive character of the Code won for it such a measure of public approval that there was not even demand that the instrument be submitted to a referendum. . Like most European constitutions, it may be amended by the ordinary legislative organs, though under specially prescribed conditions. The first step in the amending process consists in the adoption by the legislative chambers of a resolution affirming that there is sufficient reason for taking under consideration the amendment or amendments in hand. Following the promulgation of this resolution the chambers are required to be dissolved. The newly elected houses then take up the project for final disposition, and if by a two-thirds vote they adopt it, and if the sovereign assents, it goes into operation.[722] II. The Crown and the Ministry 576. Status of the Sovereign.—The government of Holland[723] is in form a constitutional, hereditary monarchy. Until 1884 the royal succession was vested exclusively in the direct male line of the house of Orange-Nassau in the order of primogeniture. The death, however, in the year mentioned, of the sole surviving male heir occasioned, as has been stated, an amendment of the constitution authorizing the succession of a female heir, in default of a male; and, upon the death of William III., November 23, 1890, the throne accordingly passed to his only daughter, the present Queen Wilhelmina.[724] In default of a legal heir, the successor to the throne is to be designated by a law presented by the crown and acted upon by a joint meeting of the legislative chambers, each house containing for this purpose double its usual number of members. In the event of the minority or the incapacity of the sovereign a regency is established, and the regent is named by law enacted by the States-General in joint session.[725] The sovereign, at accession, is installed in a public joint meeting of the two chambers in the city of Amsterdam, and is required to take oath always "to observe and maintain the constitution;" whereupon the members of the chambers solemnly pledge themselves "to do everything that a good and loyal States-General ought to do." The person of the monarch is declared inviolable. For the maintenance of the royal establishment the constitution stipulates that, in addition to the revenue from the crown lands, the sovereign shall be entitled to a yearly income, to be paid out of the national treasury, together with summer and winter residences, the maximum public expenditure upon which, however, is restricted to 50,000 florins a year. At each accession the amount of the annual stipend is fixed by law for the entire reign. William II.'s civil list was 1,000,000 guilders, but at the accession of William III. in 1849 the amount was reduced to 600,000, where it has remained to the present day. The family of Orange is possessed of a large private fortune, most of which was accumulated by William I. from a variety of commercial and industrial ventures. The Prince of Orange, as heir apparent, is accorded by the state an annual income of 100,000 florins, which is increased to 200,000 upon his contracting a marriage authorized by law. 577. The Ministry.—Associated with the sovereign is a Council of State, consisting of the Prince of Orange (when above eighteen years of age) and of a variable number of members appointed by the crown. The number of members is at present fourteen. By the terms of the constitution the sovereign is required to submit for discussion in the Council of State all matters to be presented to the States-General, and all general administrative questions of the kingdom and of its colonies and possessions throughout the world.[726] Besides this advisory Council of State there is a Council of Ministers, comprising the heads of nine executive departments established by the sovereign. Nominally the ministers are appointed and dismissed by the crown at will, but actually the parliamentary system has acquired sufficient foothold to impose upon the sovereign a considerable measure of restriction at this point. All decrees and orders must be countersigned by the head of one of the ministerial departments; and it is expressly stipulated that responsibility for all royal acts shall lie with the ministers.[727] The heads of ministerial departments are privileged to occupy seats in both branches of the States-General, but unless elected regularly as members they possess only a deliberative voice in the proceedings of the chamber in which they sit.[728] 578. The Exercise of Executive Powers.—Despite the liberalizing tendencies which underlie Dutch constitutional history since 1815, the powers of the crown are still enormous. Executive authority is vested solely in the sovereign and the ministers, and there are not a few acts of importance which the sovereign may perform quite independently. The sovereign exercises supreme control over foreign relations, declares war, concludes and ratifies treaties,[729] confers titles of nobility, appoints to public offices, coins money, grants pardons in cases of penalties imposed by judicial sentence, maintains supreme control over the land and naval forces, settles certain types of disputes arising between provinces, or between provinces and communes or corporations, issues general administrative regulations, recommends projects of law to the States-General, and approves or rejects all measures adopted by that body. The sovereign is, however, in no sense above the law. Many things may not be done at all, save under the authority of a regularly enacted piece of legislation. Dispensations from legal provisions, for example, may be granted by the crown only under the authority of law. In still other respects the sweeping grants of power contained within the constitution are tempered by counter-balancing stipulations. Thus, the sovereign has the right to coin money; but it is also prescribed that "the monetary system shall be regulated by law."[730] And the crown has "supreme control of the colonies and possessions of the kingdom in other parts of the world;" but "the regulations for the conduct of the government in the colonies and possessions shall be established by law."[731] III. The States-General and Political Parties 579. The Chambers: Earlier Electoral Arrangements.—Legislative power within the kingdom is vested jointly in the sovereign and a States-General, or parliament, of two chambers. The upper chamber consists of fifty members elected in varying proportions by the "estates," or representative assemblies, of the eleven provinces.[732] The term of office is nine years, and one-third of the members retire triennially. Male citizens who have attained the age of thirty, who are in full control of their property, and who have not been disqualified by judicial sentence, are eligible to membership, provided either that they are among the heaviest payers of direct national taxes or that they hold, or have held, one or more principal public offices designated by law.[733] The lower chamber consists of one hundred members elected directly by the voters of the kingdom for a term of four years. Under the original constitution of 1815 members of the lower house were chosen by the provincial estates. Direct election was introduced by the constitutional revision of 1848. During several decades the franchise, based upon taxpaying qualifications, was narrowly restricted. After 1870 the Liberals carried on a persistent campaign in behalf of a broader electorate, and by a constitutional amendment of 1887 the franchise was extended to all males twenty-three years of age and over, who are householders paying a minimum house-duty, lodgers who for a time have paid a minimum rent, or who are possessed of "signs of fitness and social well-being." The provisions relating to householders and lodgers alone increased the electorate at a stroke from approximately 100,000 to 300,000. The precise meaning and application of the phrase "fitness and social well-being" were left to be defined by law, and through upwards of a decade political controversy in Holland centered principally about this question. The coalition Catholic-Conservative ministry of 1888-1891 refused flatly to sanction the enactment of any sort of law upon the subject. In 1893 the Liberal Minister of the Interior, Tak van Poortvliet, brought forward a project whereby it was proposed to put upon the qualifying phrase an interpretation of well-nigh the broadest possible character. A man was to be regarded as fulfilling the educational requirement if he were able to write, and the social requirement if simply he were not a recipient of public charity. By the adoption of this scheme the number of electors would have been raised to something like 800,000, and Holland would have attained a reasonable approximation of manhood suffrage. The Moderate Liberals, the Conservatives, and most of the Catholics opposed the proposition, and the elections of 1894 proved the supporters of the van Poortvliet programme to be in the minority. The total strength of the "Takkians" in the new chamber was 46, of whom 35 were Liberals; that of the "anti-Takkians" was 54, of whom 24 were Catholics. 580. The Electoral Law of 1896 and the Question of Electoral Reform.—In the newly constituted ministry it fell to Samuel van Houten, leader of a radical group that had opposed the van Poortvliet project, to prepare an alternative measure. In the notable electoral law of 1896 the compromise proposals of van Houten were definitely accepted, and they constitute the essential features of the electoral system at the present day. Under this arrangement the members of the lower chamber are elected in one hundred single-member districts by male citizens of the age of twenty-five and over, who meet any one of the following qualifications: (1) payment of a direct tax of at least one florin; (2) payment of a minimum rental as householders or lodgers; (3) proprietorship or rental of a vessel of at least twenty-four tons; (4) the earning of a wage or salary varying from 275 to 550 florins a year; (5) investment of one hundred florins in government bonds, or of fifty florins in a savings bank; and (6) the passing of an examination required for entrance upon a public office or upon a private employment. By the reform of 1896 the number of voters in the realm was increased to 700,000. In 1905 there was created a royal commission of seven members to which was assigned the task of considering and reporting proposals relative to proportional representation, the salaries of members, and other questions of constitutional revision. The Government, however, reserved to itself specifically the right to bring forward proposals relating to the actual extension of the franchise. The report of this commission, submitted late in 1907, recommended, among other things, the introduction of proportional representation and (by a vote of six out of seven) the extension of the franchise to women. These suggestions failed of adoption, but late in 1910 a new commission was appointed, under the presidency of the Conservative premier Heemskerk, and to this body was given power to propose changes in any portion whatsoever of the governmental order. The successful operation of proportional representation in adjoining countries, especially Belgium and Sweden, renders it probable that the system will be adopted ultimately in Holland. The future of woman's suffrage is more problematical. Women already possess the right to vote in the proceedings of the dike associations if they are taxpayers or if they own property adjoining the dikes, and in June, 1908, the Lutheran Synod gave women the right to vote in ecclesiastical affairs on a footing with men. Since 1894 there has been a National Woman's Suffrage Society, to which was added, in 1906, a Woman's Suffrage League; and women are freely admitted to membership in the political clubs maintained by the adherents of the various parties. Any male citizen who has attained his thirtieth year, who is in full possession of property, and who has not been disqualified by judicial sentence, is eligible to a seat in the popular chamber. By constitutional provision, members are allowed, in addition to travelling expenses, a salary of 2,000 florins a year; and, under law of May 4, 1889, members of the upper house who do not live in the place of meeting receive a per diem of ten florins during the continuance of each session. 581. The States-General: Organization and Powers.—The constitution requires that the States-General shall assemble at least once each year and that its regular annual session shall be opened on the third Tuesday in September. The sovereign may convoke an extraordinary session at any time; but regular sessions are not dependent upon the royal summons. The crown possesses the right to dissolve the houses, separately or simultaneously; but a decree of dissolution must contain an order for the election of the new house, or houses, within fourteen days, and for the assembling of the houses within two months.[734] Except in the event of a dissolution, a regular session is required to extend through at least twenty days; but upon the expiration of the twenty-day period the sovereign may terminate the sitting whenever in his judgment "the interests of the state no longer require its continuance."[735] The president of the upper house is appointed by the crown from among the members for the period of one session. The corresponding officer of the lower house is similarly appointed from a list of three members submitted by the chamber. Each house appoints, from non-members, its clerk and such other officials as may be required; each examines the credentials of its newly elected members and renders final verdict upon their validity; and each regulates the details of its own procedure. Except when one-tenth of the members of a chamber request the closing of the doors, or the president deems such a step necessary, sessions are public. Neither house may take action upon any matter unless at least half of its members are present, and final action upon all propositions is taken by an absolute majority of the members present. A portion of the business of the States-General is transacted in joint sessions of the two houses. In joint session the two are regarded as one chamber, under the presidency of the president of the upper house. For the changing of the order of royal succession or the appointment of an heir to the throne, the constitution requires that the membership of each chamber be doubled. In such an event there is added to the regular members of each house an equal number of extraordinary members, elected in the same manner as the regular members.[736] In the proceedings of the States-General the lower chamber enjoys a distinct preponderance. The upper chamber, indeed, is commonly regarded as constitutionally the weakest body of its kind in Europe. It possesses neither the power to initiate legislation, general or financial, nor power to amend projects of law. Any measure which comes before it must be accepted or rejected as it stands. Bills may be originated either by the Government or by members of the lower chamber, and it is required that the sovereign shall send all recommendations, whether pertaining to laws or to other matters, to the lower house, in a written message or by committee.[737] The projects of the general financial laws must be presented annually to the lower house in the name of the crown, immediately after the opening of the regular session. No taxes may be levied save by law. In addition to its powers of a purely legislative character, the States-General is authorized to investigate, either as separate chambers or in joint session, the executive conduct of public affairs.[738] Under stipulated conditions, the States-General, by a two-thirds vote, and with the assent of the crown, may amend the constitution.[739] 582. Political Parties: Election of 1903.—Since the middle of the nineteenth century political preponderance has alternated irregularly between two principal party groups. One of these is the Liberals, representative especially of the commercial towns, and falling into the two general categories of Moderates and Progressives. The other is the Conservatives, consisting largely of orthodox Protestants, especially the Calvinistic peasantry, and supported, as a rule, by the Catholics. In more recent times the Socialists have made their appearance as a distinct political element, but thus far they have cast in their lot regularly with the Liberals. Between 1871 and 1888 the Liberals were in power continuously; and, after a brief interval covered by a Conservative-Catholic ministry, they regained control and kept it throughout the decade 1891-1901. In 1901 a coalition ministry was created, under the premiership of the Conservative Dr. Kuyper. This lasted until 1903. In the spring of the year mentioned the lower house rejected an important measure relating to higher education upon whose enactment the Kuyper ministry was determined. The Chamber was dissolved and in June elections were held. Prior to the elections the Chamber contained 58 Ministerialists and 42 anti-Ministerialists (Liberals and Socialists). The opposition elements were far from united. The Socialists insisted upon an immediate amendment of the constitution to provide for universal suffrage; the Progressive Liberals favored only the eventual adoption of such an amendment; the Moderate Liberals were opposed to it altogether. None the less, the result of the elections was to terminate the Conservative majority and to replace it by a slender but indubitable Liberal majority of four. The Conservatives carried 48 seats; the Liberals 45; and the Socialists 7. The Kuyper ministry forthwith resigned. 583. The Political Situation Since 1909.—The period from June, 1905, to December, 1907, was covered by the two successive Liberal ministries of Borgesius and De Meester. Each was essentially colorless. Efforts to bring about an extension of the suffrage failed, and during 1907 the Liberal majority virtually disappeared. The upshot was that, February 8, 1908, there was created a new ministry, under Dr. Heemskerk, whose members were drawn from the Conservatives. At the general election of June 11, 1909, the Conservatives recovered supremacy completely. Following the grouping which prevails at the present day, the results of this election were as follows: (1) Anti-Revolutionaries (largely rural Calvinists), 23 members; (2) Historic Christians, 12; (3) Roman Catholics, 25—a total Conservative quota of 60; (4) Free Liberals, 4; Union Liberals, 21; Liberal Democrats, 8; Socialists, 7—a total Liberal contingent of 40. Furthermore, while the Conservatives were compactly organized, the Liberals were divided hopelessly among themselves and quite unable to offer substantial resistance to their opponents. With a majority of 20 in the lower chamber and of 19 in the upper, with a popular vote in excess by 80,000 of that of the Liberals, and with a ministry in office which, if not brilliant, was at least popular, the Conservatives came off from the campaign in a position to maintain through an extended period, so far as may be foreseen, their control of public affairs. Quite the contrary of the contemporary situation in Belgium, the rifts which separate the various Liberal groups tend in Holland to deepen, and the political impotence of Liberalism consequently to be accentuated.[740] IV. The Judiciary and Local Government 584. Judicial Principles.—The constitution guarantees various fundamental personal rights, including those of petition, assembly, free speech, and equality before the law in all matters pertaining to the protection of person and property. It likewise undertakes to guarantee the individual against partiality and arbitrariness in the administration of justice. Except in unusual cases, prescribed by law, no one may be taken into custody except upon a warrant issued by a judge, stating specifically the reason for arrest. No one may be removed against his will from the jurisdiction of the tribunal in which he has a right to be tried. General confiscation of the property of a person adjudged guilty may not be imposed as a penalty for any offense. Save in exceptional cases, specified by law, or when in the opinion of the judge public order and morals forbid, the sessions of all courts are required to be public. Judgments must be pronounced in public session. They must be accompanied by a statement of the considerations upon which they are based, and, in criminal cases, by a citation of the specific provisions of law upon which the sentence is founded.[741] 585. The Courts.—Justice is administered throughout the kingdom in the name of the crown, and all judicial officers are appointed by the crown. Within the constitution provision is made only for a supreme tribunal known as the High Court (Hooge Raad) of the Netherlands, sitting at The Hague. Minor courts exist by virtue of ordinary law. The judges of the High Court, five in number, are appointed by the crown from lists prepared by the lower house of the States-General. The junctions of the High Court are of large importance. On appeal from inferior tribunals it may annul any judicial proceeding, decree, or judgment held by it to be unwarranted by law. It is charged with the duty of seeing that suits are properly tried and decided, and that judicial officials comply with the laws. Inferior judges are appointed normally for life, but under conditions prescribed by law they may be dismissed or relieved of their duties by decision of the High Court. Finally, the High Court constitutes a tribunal before which, upon charges brought by either the sovereign or the lower chamber, members of the States-General, heads of the ministerial departments, governors-general, members of the Council of State, and commissioners of the crown in the provinces, may be prosecuted upon charge of offenses committed in office. Such prosecution may be instituted either during an official's tenure of office or after his retirement.[742] Of inferior tribunals there are three grades. At the bottom are the cantonal courts, 106 in number, consisting each of a single judge and taking cognizance of claims under 200 guilders, breaches of police regulations, and other cases of a minor nature. Next are the district courts, 23 in number, each consisting of three judges and exercising within the arrondissement jurisdiction in matters of more weight. Still above the district tribunals are five courts of appeal, each comprising a body of three judges. Trial by jury is unknown in Holland. 586. Local Government: the Province.—The constitution of the Netherlands is somewhat peculiar in that it prescribes at length not merely the form and character of the national government, but also the arrangements that shall prevail respecting the governments of the provinces and the communes throughout the kingdom. Of provinces there are eleven; of communes, 1,123. The importance of the province is enhanced by the fact that the nation has sprung from a pure confederation, the original autonomy of the federated provinces having never been wholly obliterated under the present centralized rÉgime. Each province has its own representative body, or "provincial estates," a unicameral assembly whose members are chosen directly for six years by all inhabitants of the province who are entitled to vote for members of the lower house of the States-General. Half of the members retire every three years. The number of members varies, according to the population of the province, from eighty in South Holland to thirty-five in Drenthe. The assembly meets at least twice a year. Its powers are extensive, although it can perform no legislative act without the assent of the crown. It enacts ordinances, levies taxes, prepares and submits to the sovereign an annual budget, controls in certain respects the municipalities, and elects those members of the upper branch of the States-General to which the individual province is entitled. For the exercise of executive authority within the province there are two agencies. The provincial assembly appoints from its own members a committee of six, known as the "deputed states," to which, in accordance with conditions fixed by law, the daily administration of affairs is intrusted. Furthermore the sovereign appoints and establishes in each province a commissioner who is charged with the execution of royal orders and with a general supervision of the acts of the local authorities. This royal commissioner presides over the deliberations of both the provincial estates and the committee of six, possessing in the committee the power also of voting. He is distinctly the chief magistrate of the province, and at the same time the effective tie between the central and the provincial governments.[743] 587. Local Government: the Commune.—In all essential respects the government of the Dutch communes is prescribed by the national constitution, with the result that that government is characterized by uniformity no less thoroughgoing than is the communal government of France. Within each commune is a council of from seven to forty-five members elected directly by the people of the commune for a term of six years under franchise arrangements identical with those obtaining in the election of members of the provincial estates, save that no one, although otherwise qualified to vote for communal councillors, may exercise the privilege unless he contributes a minimum amount yearly to the communal rates. One-third of the members of the council retire every two years. The council meets publicly as frequently as business requires. It enacts by-laws, levies taxes, supervises education, and represents the interests of the commune, if occasion arises, before the sovereign, the States-General, and the provincial estates. All of its legislative acts are liable to veto by the crown, and the municipal budget requires regularly the approval of the committee of the provincial estates. Executive authority within the commune is vested in a burgomaster, or mayor, appointed by the sovereign for a term of six years, and a board of two to six wethouders, or aldermen, elected by and from the council. The burgomaster presides in the council and, as a representative of the royal authority, may suspend for a period of thirty days any measure enacted.[744] CHAPTER XXIX THE GOVERNMENT OF BELGIUM I. The Constitution—the Crown and the Ministry 588. The Constitution: Liberalism and Stability.—The constitution of the kingdom of Belgium was framed, consequent upon the declaration of Belgian independence October 4, 1830, by a national congress of two hundred elected delegates. It was promulgated February 7, 1831, and July 21 of the same year the first independent Belgian sovereign, Leopold I., took oath to observe and maintain it. Circumstances conspired to give the instrument a pronouncedly liberal character. Devised in the midst of a revolution brought on principally by the autocratic rule of King William I., it is, and was intended to be, uncommonly explicit in its definition of the royal prerogative. There were Belgians in 1831, indeed, who advocated the establishment of a republic. Against such a course various considerations were urged, and with effect; but the monarchy which was set up, owing clearly its existence to popular suffrage, is of the strictly limited, constitutional type. "All powers," it is asserted in the fundamental law, "emanate from the people."[745] The principles of liberalism are the more in evidence by reason of the fact that the framers of the constitution deliberately accepted as models the French instruments of 1791 and 1830 and were likewise influenced profoundly by their admiration for the constitutional system of Great Britain. A striking testimony to the thoroughness with which the work was done, and to the advanced character of the governmental system established, is the fact that the text of the Belgian fundamental law endured through more than half a century absolutely unchanged, and, further, that when in our own generation the task of amendment was undertaken not even the most ardent revisionists cared to insist upon more than the overhauling of the arrangements respecting the franchise. Leopold I.(1831-1865), and Leopold II. after him (1865-1909), frankly recognized the conditional basis of the royal tenure and, although conspicuously active in the management of public affairs, afforded by their conduct slight occasion for popular criticism or disaffection. Even the revolutionary year 1848 passed without producing in Belgium more than a mere ripple of unrest. In 1893 the constitution was amended to provide for universal male suffrage, and in 1899 a further amendment instituted a system of proportional representation. Otherwise, the instrument stands to-day virtually as it was put into operation in 1831. It need hardly be remarked that, in Belgium as elsewhere, the written constitution does not by any means contain the whole of the actually operative political system. Numerous aspects of parliamentarism, and of other well-established governmental forms and practices, depend for their sanction upon the conventions, rather than upon the law, of the constitution; but they are none the less real and enduring. 589. Content and Amendment.—The written constitution of Belgium, like that of Holland, is comprehensive in scope. It comprises an extended bill of rights; a detailed definition of the framework of the national executive, legislative, and judicial departments; special provisions relating to finance and the army; and an enumeration of the principles underlying the provincial and communal administration. It contains a total of 139 articles, of which eight, being temporary in character, are inoperative. The process of amendment is identical with that which prevails in Holland. Upon declaration by the legislative chambers to the effect that a specified amendment is desirable, the chambers are ipso facto dissolved. If the chambers thereupon elected approve the proposition by a two-thirds vote, and the sovereign accords it his sanction, it is declared adopted.[746] 590. The Crown.—Kingship in Belgium is hereditary in the direct male line in the order of primogeniture. In default of male descendants, the king, with the consent of the legislative chambers, may name his successor.[747] A king or heir to the throne attains his majority at the age of eighteen. In the event of a minority, or of the incapacity of the sovereign, the two houses are required to meet in a single assembly for the purpose of making provision for a regency. The powers of regent may not be conferred upon two or more persons jointly, and during the continuance of a regency no changes may be made in the constitution.[748] If by chance the throne should fall wholly vacant, the choice of a sovereign would devolve upon the legislative chambers, specially re-elected for the purpose, and deliberating in joint session. The civil list of the crown is fixed at the beginning of a reign. That of Leopold II., as established by law of December 25, 1865, was 3,300,000 francs, and that of the present sovereign, Albert I., is the same. 591. The Ministers and the Parliamentary System.—The Council of Ministers consists of ten heads of executive departments. These, together with a variable number of ministers without portfolio, comprise the Council of State, an advisory body convened by the crown as occasion requires. All ministers are appointed, directly or indirectly, and all may be dismissed, by the king. All must be Belgian citizens, and no member of the royal family may be tendered an appointment. Ministers are all but invariably members of one or the other of the legislative houses, principally of the House of Representatives.[749] Whether members or not, they are privileged to attend all sessions and to be heard at their own request. The houses, indeed, possess the right to demand their attendance. But no minister may vote, save in a house of which he is a member.[750] Belgium is one of the few continental states in which the parliamentary system is thoroughly operative. At no point is the constitution more explicit than in its stipulation of the responsibility of ministers. Not only is it declared that the king's ministers are responsible; it is stipulated that "no decree of the king shall take effect unless it is countersigned by a minister, who, by that act alone, renders himself responsible for it"; also that "in no case shall the verbal or written order of the king relieve a minister of responsibility."[751] The House of Representatives is vested with the right to accuse ministers and to arraign them before the Court of Cassation; and the king may not pardon a minister who has been sentenced by this tribunal, save upon request of one of the two legislative chambers. A ministry which finds that it cannot command the support of a majority in the House of Representatives has the right to determine upon the dissolution of either of the houses, or of both. If after a general election there is still lack of harmony, the ministry, as would be the procedure in a similar situation in Great Britain, retires from office, the sovereign calls upon an opposition party leader to assume the premiership and to form a cabinet, and the remainder of the ministers are selected from the dominant parties by this official, in consultation with the king. By reason of the multiplicity of party groups in Belgium, the king is apt to be allowed somewhat wider latitude in the choice of a premier than is possible in Great Britain.[752] 592. The Exercise of Executive Powers.—The powers of the executive, exercised nominally by the king, but actually by the ministry, are closely defined in the constitution; and there is the stipulation, unusual in European constitutions, that the king shall possess no powers other than those which the constitution, and the special laws enacted under the constitution, confer explicitly upon him.[753] Under the conditions that have been explained, the king appoints all officials who are attached to the general administrative and foreign services, but other officials only in so far as is expressly authorized by law. He commands the forces by land and sea, declares war, and concludes peace. He negotiates treaties, with the limitation that treaties of commerce and treaties which impose a burden upon the state, or place under obligation individual Belgian citizens, take effect only after receiving the approval of the two houses; and with the further condition that no cession, exchange, or acquisition of territory may be carried through save by warrant of a law. The king promulgates all legislative measures, and he is authorized to issue all regulations and decrees necessary for the execution of the laws. In theory he possesses the power of the veto, but in the Belgian, as in parliamentary governments generally, there is no occasion for the actual exercise of this power. The king convokes, prorogues, and dissolves the chambers; though the provisions of the constitution relating to the legislative sessions are so explicit that the crown is left small discretion in the matter. The king, finally, is authorized to remit or to reduce the penalties imposed by the tribunals of justice, to coin money, to confer titles of nobility (which must be purely honorary), and to bestow military orders in accordance with provisions of law.[754] II. The Houses of Parliament—the Electoral System 593. The Senate.—The Belgian parliament consists of two houses, both elective and both representative of the nation as a whole. The upper house, or Senate, is composed of 112 members, chosen for a term of eight years. With respect to the method of their election, the members fall into two categories. Under constitutional provision, as amended by law of September 7, 1893, a number of senators equal to one-half the number of members of the House of Representatives is elected directly by the voters, in proportion to the population of the several provinces. The electorate which returns these senators is identical with that which returns the deputies, and by law of December 29, 1899, the principle of proportional representation, as applied in elections of the lower chamber, is applied to senatorial elections within each province. A second group of members consists of those elected by the provincial councils, to the number of two for each province having fewer than 500,000 inhabitants, of three for each province having from 500,000 to 1,000,000 inhabitants, and of four for each province having more than 1,000,000 inhabitants. The proportion of senators elected directly by the people is approximately three-fourths, being at present 76 to 26. Prior to the amendment of 1893 all members of the Senate were chosen by the same electorate which chose the members of the lower chamber. Inasmuch as only payers of direct taxes to the amount of 2,000 francs a year were eligible as senators, the upper house represented almost exclusively the interests of wealth. By vesting in the provincial councils the choice of a portion of the senators, who should be eligible regardless of taxpaying qualifications, it was hoped to impart to the Senate a more broadly representative character. At the same time the tax qualification for popularly elected members was reduced by a third. It may be noted that there is a possibility of a small non-elective element in the Senate. According to the terms of the constitution, the sons of the king, or if there be none, the Belgian princes of the branch of the royal family designated to succeed to the throne, shall be by right senators at the age of eighteen, though without deliberative vote until the age of twenty-five.[755] Prior to his accession to the throne, in 1909, the present sovereign Albert I., nephew and heir-presumptive of Leopold II., was entitled to a senatorial seat. There is at present no representative of royalty who is eligible. All elective senators must be Belgian citizens and Belgian residents, at least forty years of age, and in the unrestricted enjoyment of civil and political rights. Senators elected by the provincial councils are subject to no property qualifications,[756] but those elected directly by the people must be drawn from either payers of as much as 1,200 francs of direct national taxes or proprietors or lessees of Belgian real estate of an assessed income of at least 12,000 francs. In provinces, however, where the number of eligible persons falls short of the proportion of one for every 5,000 inhabitants, the list is completed by the addition of such a number of the heaviest taxpayers of the province as may be necessary to establish this proportion.[757] Save passes on the national railways, senators receive no salary or other emolument. 594. The House of Representatives: Earlier Electoral Arrangements.—The lower legislative chamber consists of deputies elected directly by the voters of the kingdom. The number of seats is determined by law, under the general provision that it may not exceed the proportion of one for 40,000 inhabitants. Prior to 1899 it was 152; to-day it is 186. The term is four years. Half of the membership retires every two years, though in the event of a dissolution the house is entirely renewed.[758] The qualifications which the constitution requires of deputies are those of citizenship, residence in Belgium, attainment of the age of twenty-five, and possession of civil and political rights. Deputies receive an honorarium of 4,000 francs a year, together with free transportation upon all State and concessionary railways between the places of their respective residences and Brussels, or any other city in which a session may be held. The Belgian electoral system at the present day is noteworthy by reason of three facts: (1) it is based upon the principle of universal manhood suffrage; (2) it embraces a scheme of plural voting; and (3) it provides for the proportional representation of parties. Under the original constitution of 1831 the franchise, while not illiberal for the time, was restricted by property qualifications of a somewhat sweeping character. Deputies were elected by those citizens only who paid yearly a direct tax varying in amount, but in no instance of less than twenty florins. In 1848 there was enacted a series of electoral laws whereby the property qualification was reduced to a uniform level of twenty florins and the number of voters was virtually doubled. With this arrangement the Liberals were by no means satisfied, and agitation in behalf of a broader electorate was steadily maintained. As early as 1865 the Liberal demands were actively re-enforced by those of organizations of workingmen, and in 1870 the Catholic ministry found itself obliged to sanction a considerable extension of the franchise in elections within the provinces and the communes. After 1880 the brunt of the electoral propaganda was borne by the Socialists, and the campaign for constitutional revision was directed almost solely against the 47th article of the fundamental law, in which was contained the original stipulation respecting the franchise. Since 1830 the population of Belgium had all but doubled, and there had been in the country an enormous increase of popular intelligence and of economic prosperity. That in a population of 6,000,000 (in 1890) there should be an electorate of but 135,000 was a sufficiently obvious anomaly. The broadly democratic system by which members of the French Chamber of Deputies and of the German Reichstag were elected was proclaimed by the revisionists to be the ideal which it was hoped to realize in Belgium. 595. The Electoral Reform Act of 1893.—In 1890 the Catholic ministry, recognizing in part the justice of the demand, and preferring, if there were to be revision, to carry it through, rather than to incur the risk of having it carried through by a radical cabinet, yielded to the pressure and consented to the formal consideration of the electoral question upon the floors of the two chambers. Three years of intermittent, but animated, discussion ensued. At length, in May, 1892, the chambers were able to agree upon the primary proposition that some sort of revision was necessary. Then came the dissolution which is required by the constitution in such a case, followed by a general election. The newly chosen chambers, which for the purpose in hand comprised virtually a constituent convention, entered upon their task later in the same year. In both the Catholics maintained a majority, but by reason of the requirement of a two-thirds vote for the adoption of a constitutional amendment, they were none the less obliged to rely upon the Liberals for a certain amount of support. In the scheme of revision which was finally adopted all parties had some substantial share. No fewer than fourteen distinct programmes of reform were laid before the chambers.[759] The Conservatives, in general, desired the introduction of a system based upon occupation combined with the payment of taxes; the majority of the Liberals sought to secure special recognition for electors of approved capacity—in brief, an educational qualification; the Radicals inside, and the Socialists outside, Parliament carried on a relentless propaganda in behalf of universal, direct, and equal suffrage. The rejection in committee (April, 1893) of a plan of universal suffrage occasioned popular demonstrations which required the calling out of the military, and when it was proposed to stop with a reduction of the age limit for voters there were threats of a universal industrial strike. In the end all elements wisely receded from their extreme demands and it was found possible to effect agreement upon a compromise. A Catholic deputy—Albert Nyssens, professor at the University of Louvain—came forward with a scheme for manhood suffrage, safeguarded by the plural vote, and September 3, 1893, the plan was adopted.[760] 596. The Franchise To-day.—By the terms of the law of 1893, one vote is allotted to every male Belgian citizen who has attained the age of twenty-five years, who is in unrestricted enjoyment of his civil and political rights, and who has been resident at least one year in a given commune. There is nothing whatsoever in the nature of either an educational or a property qualification. Having conferred, however, upon the mass of male citizens the right to vote, the law proceeds to define the conditions under which a citizen may be entitled to two votes, or even three. One supplementary vote is conferred upon (1) every male citizen over thirty-five years of age, married or a widower, with legitimate offspring, and paying to the state as a householder a tax of not less than five francs, unless exempt by reason of his profession, and (2) every male citizen over twenty-five years of age owning real estate to the assessed value of 2,000 francs, or possessing income from land corresponding to such valuation, or who for two years has derived a minimum interest return of one hundred francs a year from Belgian funds, in the form of either government bonds or obligations of the Belgian government savings-bank. Two supplementary votes are conferred upon citizens over twenty-five years of age who (1) hold a diploma from an institution of higher learning, or an indorsed certificate testifying to the completion of a course of secondary education of the higher grade; or (2) occupy or have occupied a public office, hold or have held a position, practice or have practiced a profession, which presupposes the knowledge imparted in secondary instruction of the higher grade—such offices, positions, and professions to be defined from time to time by law.[761] What, therefore, the law of 1893 does is, broadly, to confer upon every male citizen one vote and to specify three principal conditions under which this basal voting power may be augmented. As the head of a family, the citizen's suffrage may be doubled. By reason of his possession of property or of capital, it likewise may be doubled. On the basis of a not unattainable educational qualification, it may be tripled. Under no circumstances may an individual be entitled to more than three votes. The plural vote of Belgium differs, therefore, from that of Great Britain, not only in that it is based upon a variety of qualifications of which property ownership is but one, but also in that there is fixed an absolute and reasonably low maximum of votes. It is of interest further to observe that voting is declared by the Belgian constitution to be obligatory. Failure to appear at the polls, without adequate excuse made to the election officer, is a misdemeanor, punishable by law. The citizen may, if he likes, evade the law by depositing a blank ballot. But he must deposit a ballot of some sort.[762] III. Parties and Electoral Reform Since 1894—Parliamentary Procedure 597. The Adoption of Proportional Representation, 1899.—The first election held under the law of 1893, that of October 14, 1894, demonstrated that by that measure the number of electors had been multiplied almost exactly by ten. The total number of voters was now 1,370,000; the number of votes cast was 2,111,000. Contrary to general expectation, the election gave the Catholics an overwhelming majority in the lower chamber. They obtained 105 seats, the Socialists 29, and the Liberals only 18. The elections of 1896 and 1898 gave the Catholics a still more pronounced preponderance. At the beginning of 1899 the parties of the opposition could muster in the lower house only forty votes and in the upper only thirty-one. The Liberal party was threatened with extinction. Its popular strength, however, was still considerable, and from both Liberals and Socialists there arose an insistent demand for the adoption of a scheme whereby the various parties should be accorded seats in the law-making bodies in proportion to their popular vote. The idea of proportional representation was not at this time in Belgium a new one. It had been formulated and defended in the lower chamber as early as 1866. Since 1881 there had been maintained a national reform organization whose purpose was in part to propagate it; and it is worthy of note that at the time of the revision of 1893 the ministry, led by the premier Beernaert, had advocated its adoption.[763] In 1895 the principle was introduced in a statute relating to communal elections. Following a prolonged contest, which involved the retirement of two premiers, a bill extending the plan to parliamentary elections was pressed upon the somewhat divided Catholic forces and, December 29, 1899, was enacted into law. Under the provisions of this measure deputies and the popularly elected senators continue to be chosen within the arrondissement by scrutin de liste. Within each arrondissement the seats to be filled are distributed among the parties in proportion to the party strength as revealed at the polls, the allotment taking place in accordance with the list system formulated by Victor d'Hondt, of the University of Ghent. The number of deputies elected in an arrondissement varies from three to twenty-one. When an elector appears at the polls he presents his official "summons" to vote and receives from the presiding officer one, two, or three ballot papers according to the number of votes to which he is entitled. He takes these papers to a private compartment, marks them, places them in the ballot-box, and has returned to him his letter of summons stamped in such a way as to show that he has fulfilled the obligation imposed upon him by law. The candidates of the various parties are presented in lists, and the task of the elector is merely to indicate his approval of one list for each of the votes to which he is entitled. This he does by pencilling white spots contained in the black squares at the head of the lists or against the names of individual candidates. He may pencil only the spot at the head of a list, thereby approving the order in which the candidates have been arranged by the party managers; or, by marking spaces opposite names of candidates, he may indicate his preference for a different order. 598. How Seats Are Allotted.—The process of the apportionment of seats may be illustrated by a hypothetical case. Let it be assumed that within a given arrondissement four lists of parliamentary candidates have been presented and that at the polls an aggregate vote of 33,000 is distributed as follows: Catholics, 16,000; Liberals, 9,000; Socialists, 4,500; and Christian Democrats, 3,500. Let it be assumed, further, that the arrondissement is entitled to eight seats. The total number of votes for each list is divided successively by the numbers 1, 2, 3, 4, etc., and the results are arrayed thus: Catholic List[764] Liberal List Socialist List Christian Democrat List Divided by 1 16,000 9,000 4,500 3,500 Divided by 2 8,000 4,500 2,250 1,750 Divided by 3 5,333 3,000 1,500 1,166 Divided by 4 4,000 2,250 1,125 875 Divided by 5 3,200 1,800 900 700 The eight highest numbers (eight being the number of seats to be filled) are then arranged in order of magnitude as follows: 16,000 9,000 8,000 5,333 4,500 4,500 4,000 3,500 The lowest of these numbers, 3,500, becomes the common divisor, or the "electoral quotient." The number of votes cast for each list is divided by this quotient, and the resulting numbers (fractions being disregarded) indicate the quota of seats to which each of the parties is entitled. In the case in hand the results would be: 16,000 divided by 3,500 = 4 Catholic seats 9,000 divided by 3,500 = 2 Liberal seats 4,500 divided by 3,500 = 1 Socialist seat 3,500 divided by 3,500 = 1 Christian Democrat seat 599. The Making up of the Lists.—Lists of candidates are made up, and the order in which the names of candidates appear is determined, by the local organizations of the respective parties. In order to be presented to the electorate a list must have the previously expressed support of at least one hundred electors. A candidate may stand as an independent, and his name will appear in a separate "list," providing his candidacy meets the condition that has been mentioned; and it is within the right of any organization or group, political or non-political, to place before the electorate a list. The power of the organization responsible for the presentation of a list to fix the order of candidates' names is not a necessary feature of the proportional system and it has been the object of much criticism, but it is not clear that serious abuse has arisen from it. Candidates whose names stand near the top of the list are, of course, more likely to be elected than those whose names appear further down, for, under the prevailing rules, all votes indicated in the space at the head of a list form a pool from which the candidates on the list draw in succession as many votes as may be necessary to make their individual total equal to the electoral quotient, the process continuing until the pool is exhausted. Only by receiving a large number of individual preferential votes can a candidate be elected to the exclusion of a candidate whose name precedes his.[765] 600. The Elections of 1906, 1908, and 1910.—The first parliamentary election following the adoption of the proportional system—that of May, 1900—left the Catholics with a larger preponderance in the lower chamber than they had dared expect.[766] None the less, the effect of the change was distinctly to revive the all but defunct Liberal party, to stimulate enormously the aspirations of the Socialists, and, in general, to replace the crushing Catholic plurality of former years by a wide distribution of seats among representatives of the various parties and groups. Prior to the election of 1890 the Catholic majority was 32. The election of 1900 left it at 16; that of 1902, at 26; that of 1904, at 20; that of 1906, at 12; that of 1908, at 8; and that of 1910, at 6. Following the elections which took place in five of the nine provinces in 1906, party strength in the Chamber was as follows: Catholics, 89; Liberals, 46; Socialists, 30; Christian Democrats, 1. After the elections in the other four provinces in 1908, it was: Catholics, 87; Liberals, 43; Socialists, 35; Christian Democrats, 1. The elections of May, 1910,[767] were contested with unusual keenness by reason of the fact that the Liberal-Socialist coalition seemed to have, for the first time in a quarter of a century, a distinct chance for victory. The Catholics were notoriously divided upon certain public issues, notably Premier Schollaert's Compulsory Military Service bill, and it was believed in many quarters that their tenure of power was near an end. The Liberal hope, however, was doomed to disappointment; for, although both Liberals and Socialists realized considerable gains in the popular vote in some portions of the kingdom, in only a single constituency was the gain sufficient to carry a new seat. The consequence was that the Catholic majority was reduced, but not below six, and party strength in the Chamber stood: Catholics, 86; Liberals, 45; Socialists, 34; Christian Democrats, 1. Among reasons that may be assigned for the Liberal failure are the fact that the country was prosperous and not disposed to precipitate a change of governments, the alienation of some voters by the working relations that had been established between the Liberals and the Socialists, and the advantage that regularly accrues to the Catholics from the plural vote. 601. The Catholic Triumph in 1912.—During the years 1910-1912 the Catholic tenure of power, prolonged uninterruptedly since 1884, seemed more than once on the point of being broken. Most of the time, however, the legislative machine performed its functions sufficiently well with a majority of but half a dozen seats, and the drift of affairs operated eventually to strengthen the Catholic position. In March, 1911, Premier Schollaert introduced an education bill looking toward the placing of church schools upon a footing financially with the schools maintained by the communes, and the opposition to this measure acquired such intensity that the author of the bill was forced to retire. But his successor, De Broqueville, a man of conciliatory temperament, formed a new Catholic cabinet which, by falling back upon a policy of "marking time," contrived to stave off a genuine defeat. In the municipal elections held throughout the country October 15, 1911, the Liberal-Socialist candidates were very generally successful, but the parliamentary elections which took place June 2, 1912, had the unexpected result of entrenching the Catholic party more securely in power than in upwards of a decade. The combined assault of the Liberals and the Socialists upon "clericalism" fell flat, and against the Government's contention that the extraordinary and incontestable prosperity of the country merited a continuance of Catholic rule no arguments were forthcoming which carried conviction among the voters. The Catholic vote showed an increase of 130,610, the Liberal and Socialist opposition an increase of 40,402, and the Christian Democrats a decrease of 4,692. The new chamber consists of 101 Catholics, 45 Liberals, 38 Socialists, and 2 Christian Democrats, giving the Government a clear majority of sixteen. The elections were marked by grave public unrest, involving widespread strikes and anti-clerical demonstrations, with some loss of life. More clearly than before was exhibited in this campaign the essentially bourgeois and doctrinaire character of the present Liberal party. The intimate touch with the masses which in the days of its ascendancy, prior to 1884, the party enjoyed has been lost, and more and more the proletariat is looking to the Socialists for propagation of the measures required for social and industrial amelioration. 602. The Demand for Further Reform.—A project upon which the Socialists and Liberals in the last election, as upon several former occasions, have found it possible to unite is the abolition of the plural vote. Almost immediately after the adoption of the amendment of 1893 the Socialists declared their purpose to wage war unremittingly upon this feature of the new system. In its stead they demanded that there be substituted the rule of un homme, un vote, "one man, one vote," with the age limit reduced to twenty-one years. Following the triumph of the Catholics in 1900, the agitation of the Socialists was redoubled, and in it the Liberals very generally joined. Between the two groups there arose seemingly irreconcilable differences of method, the Liberals being unable to approve the obstructionism and other violent means employed by their allies. In time, however, the Socialist methods became more moderate, and the realization on the part of both elements that only by fighting together might they hope to win induced a fuller and more durable co-operation between the two. For the time being the Socialists have subordinated to the establishment of universal and equal suffrage all other features of their political and industrial programme.[768] Upon the desirability of maintaining proportional representation all parties are agreed, and it is probably but a question of time until the principle will be applied fully, as it is not to-day, in the elections of the provinces and communes. 603. The Legislative Chambers: Organization and Procedure.—The two houses meet by established right on the second Tuesday in November of each year, at the Palais de la Nation, in Brussels. A regular session must continue through a period of at least forty days. The king may convene the chambers in extraordinary session. He may adjourn them, save that in no case may an adjournment exceed the term of one month; nor may it be renewed during the same session, without the consent of the houses. Finally, the king may dissolve the chambers, or either of them; but the act of dissolution must include an order for an election within forty days and a summons of the newly elected parliament to meet within two months.[769] Each house judges the qualifications of its members and decides all contests arising in relation thereto; each elects, at the opening of a session, its president, vice-president, secretaries, and other officials; each determines by its own rules the manner in which its powers shall be exercised. Sessions are normally public; but by vote of an absolute majority, taken at the instigation of the president or of ten members, either body may decide to consider a specific subject behind closed doors. Votes are taken viva voce or by rising, but a vote on a bill as a whole must always be by roll call and viva voce. Except on propositions pertaining to constitutional amendments and a few matters (upon which a two-thirds vote is required), measures are passed by absolute majority. They must, however, be voted upon article by article. From the essentially democratic character of the Belgian government, it follows that the powers of the legislative chambers are comprehensive. The functions of legislation are vested by the constitution conjointly in the king and the two houses, but in practice they are exercised in a very large measure by the houses alone. Each house, as well as the crown, possesses full rights of legislative initiative, though it is required that all laws relating to the revenues or expenditures of the state, or to military contingents, shall be voted first by the House of Representatives. Authoritative interpretation of measures enacted is confided exclusively to the legislative power, and each house is guaranteed the right to inquire into the conduct of public affairs and to compel the attendance of ministers for the purpose of interpellation, although the lower house alone is given power to formulate charges against public officials and to arraign them before the Court of Cassation. IV. The Judiciary and Local Government 604. The Courts.—Aside from special military, commercial, and labor tribunals, the courts of Belgium comprise a symmetrical hierarchy modelled upon that created under the Code NapolÉon. At the bottom are the courts of the 222 cantons, each consisting of a single justice of the peace, vested in ordinary breaches of police regulations with sole authority, though in more serious cases associated with the burgomaster of the commune. Next above are the tribunals of first instance, one in each of the twenty-six arrondissements into which the kingdom is divided, and each consisting of three judges. The court of first instance serves as a court of appeal from the decisions of the cantonal tribunal, and at the same time it possesses original jurisdiction in more serious cases of crime and misdemeanors within the arrondissement. Above the courts of first instance stand the three courts of appeal, sitting at Brussels, Ghent, and LiÈge. That at Brussels consists of four chambers. At the apex is the Court of Cassation, sitting at the capital. In this supreme tribunal there is but a single judge, but associated with him is a large staff of assistants. The function of the Court of Cassation is to determine whether the decisions of inferior tribunals are in accord with the law and to annul such as are not. It is of interest to observe, however, that it is the Court of Cassation that tries a minister upon charges preferred by the House of Representatives, and this is the only circumstance under which the tribunal exercises any measure of original jurisdiction. The creation of the Court of Cassation and of the three courts of appeal is specifically provided for within the constitution. All inferior tribunals are created by law, and none are permitted to be established otherwise. For the trial of criminal cases there are special tribunals, in three grades: police courts, correctional courts, and courts of assize. All judges and justices of the peace are appointed by the king for life. Members of the courts of appeal and the presidents and vice-presidents of the courts of original jurisdiction are selected from two double lists presented, the one by these courts and the other by the provincial councils. Members of the Court of Cassation are selected from two double lists presented, the one by the Senate and the other by the Court itself. All other judicial officers are appointed by the crown independently. Except for urgent reasons of public order or morals, sessions of all tribunals are public, and every judgment must be pronounced in open court. Unlike Holland, Belgium has a well developed system of trial by jury. Jury trial is guaranteed by the constitution in all criminal cases and in all cases involving political or press offenses. As in England and the United States, it is the function of the jury to determine whether or not the accused is guilty and that of the court to explain the law and to pronounce sentence. A jury consists regularly of twelve members.[770] 605. Local Government: Province and Arrondissement.—Upon the subject of local government the constitution of Belgium is less explicit than is that of Holland. Aside from specifying that provincial and communal institutions shall be regulated by law, it contents itself with an enumeration of certain principles—among them direct elections, publicity of sittings of provincial and communal councils, publicity of budgets and accounts—whose application is regularly to be maintained.[771] Of local governmental units there are three:[772] the province, the arrondissement, and the commune. The provinces are nine in number.[773] In each is a council, elected by all resident citizens who are entitled to participate in the direct election of senators. The term is eight years, half of the membership being renewed every four years. The council meets at least once a year, on the first Tuesday in July. Its sessions must not exceed four weeks in length nor be briefer than fifteen days. Special sessions may be called by the king. The council considers and takes action upon substantially all legislative, administrative, and fiscal affairs which concern the province alone. It elects from its own members a permanent deputation of six men which is charged with the government of the province while the council is not in session. This deputation is presided over by the governor-general of the province who is appointed by the crown and who serves as the principal intermediary between the provincial and the central governments. The arrondissement, or district (twenty-six in number), is important chiefly as an electoral and judicial unit. Members of the lower house of the national parliament are elected within the arrondissement under the scheme of proportional representation which has been described; and, as has been pointed out, each arrondissement is the seat of a court of first instance. 606. The Commune.—In Belgium, as in France and other continental countries, the vital organism of local government is the commune. The total number of communes in the kingdom is 2,629. The principal agency of government within each is a council. Members of this council are elected for a term of eight years, under arrangements of a somewhat complicated character determined by the population of the commune. Voting is viva voce; plural votes (to a maximum of four) are authorized; and seats, under certain conditions, are allocated in accordance with the principle of proportional representation. A somewhat singular fact is that the aggregate communal electorate of the kingdom is perceptibly smaller than the provincial or the national. The fact arises largely from the circumstance that the communal voter is required to have been domiciled at least three years in the commune, while residence of but a single year is required for participation in provincial and parliamentary elections.[774] The administrative body of the commune consists of a burgomaster, or mayor, appointed by the crown (in communes whose population exceeds 5,000 elected by the communal council) for a term of ten years, and a college of Échevins, or aldermen, elected by and from the communal council. The burgomaster is head of the local police, and to him and to the council fall the keeping of the register of births, marriages, and deaths, the making and enforcing of local ordinances, and, in general, the safeguarding of the welfare of the community. The more important measures of the communal council become valid only after they have received the approval of the provincial deputation, or even of the ministry at Brussels; and there are special officials, known as commissaires d'arrondissement, appointed by the provincial deputation, to maintain supervision over the communes and their governing authorities. A fundamental characteristic, indeed, of Belgian administration is the combination of constant supervision by the central power with a really large measure of local autonomy.[775] html@files@21006@21006-h@21006-h-33.htm.html#footnote839" class="pginternal">[839] Her administration of affairs lasted until 1840. From the constitutional point of view the period was important solely because, under stress of circumstances, the regent was driven to adopt a distinctly liberal policy, and, in time, to promulgate a new constitutional instrument. Don Carlos, supported by the nobility, the clergy, and other reactionary elements, kept up a guerilla war by which the tenure of the "Christinos" was endangered continuously. The regent was herself a thoroughgoing absolutist, but her sole hope lay in the support of the liberals, and to retain that it was necessary for her to make large concessions. The upshot was that in April, 1834, she issued a royal statute (Estatuto Real), whereby there was established a new type of Cortes, comprising two chambers instead of one. The upper house, or Estamento de Proceres, was essentially a senate; the lower, or Estamento de Procuradores, was a chamber of deputies. Members of the Procuradores were to be elected by taxpayers for a term of three years. Upon the Cortes was conferred power of taxation and of legislation; but the Government alone might propose laws, and the Cortes, like its ancient predecessor, was allowed no initiative save that of petitioning the Government to submit measures upon particular subjects. A minimum of one legislative session annually was stipulated; but the sovereign was left free otherwise to convoke and to dissolve the chambers at will. Ministers were recognized to be responsible solely to the crown. 671. The Constitution of 1837.—Toward the establishment of constitutional government the Statute of 1834 marked some, albeit small, advance. The Moderados, or moderate liberals, were disposed to accept it as the largest concession that, for the present, could be expected. But the Progressistas, or progressives, insisted upon a revival of the more democratic constitution of 1812, and in 1836 the regent was compelled by a widespread military revolt to sign a decree pledging the Government to this policy. A constituent Cortes was convoked and the outcome was the promulgation of the constitution of June 17, 1837, based upon the instrument of 1812, but in respect to liberalism standing midway between that instrument and the Statute of 1834. Like the constitution of 1812, that of 1837 affirmed the sovereignty of the nation and the responsibility of ministers to the legislative body. On the other hand, the Cortes was to consist, as under the Statute, of two houses, a Senate and a Congress. The members of the one were to be appointed for life by the crown; those of the other were to be elected by the people for three years. In a number of respects the instrument of 1837 resembled the recently adopted constitution of Belgium, even as the Statute of 1834 had resembled the French Charter of 1814. In the words of a Spanish historian, the document of 1837 had the two-fold importance of "assuring the constitutional principle, which thenceforth was never denied, and of ending the sentiment of idolatry for the constitution of 1812."[840] 672. The Constitution of 1845.—October 12, 1840, the regent Maria Christina was forced by the intensity of civil discord to abdicate and to withdraw to France. Her successor was General Espartero, leader of the Progressistas and the first of a long line of military men to whom it has fallen at various times to direct the governmental affairs of the Spanish nation. November 8, 1843, the princess Isabella although yet but thirteen years old, was declared of age and, under the name of Isabella II., was proclaimed sovereign. Her reign, covering the ensuing twenty years, comprised distinctly an era of stagnation and veiled absolutism. Nominally the constitution of 1837 continued in operation until 1845. At that time it was replaced by a revised and less liberal instrument, drawn up by the Moderados with the assistance of an ordinary Cortes. The duration of the Cortes was extended from three to four years, severer restrictions upon the press were established, supervision of the local authorities was still further centralized, and the requirement that the sovereign might not marry without the consent of the Cortez was rescinded. In the course of a revolutionary movement in 1854 there was convoked a constituent Cortes, dominated by Moderates and Progressives. The constitution which this body framed, comprising essentially a revival of the instrument of 1837, was never, however, put in operation. In the end, by a royal decree of 1856, the constitution of 1845 was amended and re-established. Save for some illiberal amendments of 1857,[841] which were repealed in 1864, this instrument of 1845 continued in operation until 1868. Throughout the period, however, constitutionalism was hardly more than a fiction.[842] 673. The Constitution of 1869: King Amadeo.—By a revolt which began in September, 1868, the queen was compelled to flee from the country, and, eventually, June 25, 1869, to abdicate. A provisional government effected arrangements for the election of a Cortes by manhood suffrage, and this Cortes, convened at the capital, February 11, 1869, addressed itself first of all to the task of drafting a new national constitution. A considerable number of members advocated the establishment of a republic; but for so radical an innovation there was clearly no general demand, and in the end the proposition was rejected by a vote of 214 to 71. June 1 a constitution was adopted which, however, marked a large advance in the direction of liberalism. It contained substantial guarantees of freedom of speech, freedom of the press, liberty of religion, and the right of petition and of public assembly, and in unequivocal terms the sovereignty of the people was affirmed afresh. A Cortes of two houses was provided for, the members of the Senate to be chosen indirectly by the people through electoral colleges and the provincial assemblies, those of the Congress to be elected by manhood suffrage, the only qualification for voting being the attainment of the age of twenty-five years and possession of ordinary civil rights. Pending the selection of a sovereign, a regency was established under Marshal Serrano. Among the several dignitaries who were considered—Alfonso (son of the deposed Isabella) the Duke of Montpensier, Ferdinand of Savoy (brother of King Victor Emmanuel of Italy), King Luiz of Portugal, Ferdinand of Saxony, Leopold of Hohenzollern-Sigmaringen, and Prince Amadeo, duke of Aosta, second son of Victor Emmanuel—favor settled eventually upon the last named, who was elected November 19, 1870, by a vote of 191 to 120. At the end of 1870 the new sovereign arrived in Spain, and February 2, 1871, he took oath to uphold the recently established constitution. From the outset, however, his position was one of extreme difficulty. He was opposed by those who desired a republic, by the Carlists, by the adherents of the former crown prince Alfonso, and by the clergy; and as a foreigner he was regarded with indifference, if not antipathy, by patriotic Spaniards generally. February 10, 1873, wearied by the turbulence in which he was engulfed, he resigned his powers into the hands of the Cortes, and by that body his abdication was forthwith accepted. It is a sufficient commentary upon the political character of the reign to observe that within the twenty-four months which it covered there were no fewer than six ministerial crises and three general elections. 674. The Republic (1873-1875): Monarchy Restored.—The breakdown of the elective monarchy, following thus closely the overthrow of absolutism, cleared the way for the triumph of the republicans. The monarchist parties, confronted suddenly by an unanticipated situation, were able to agree upon no plan of action, and the upshot was that, by a vote of 258 to 32, the Cortes declared for a republic and decreed that the drafting of a republican constitution should be undertaken by a specially elected convention. Although it was true, as Castelar asserted, that the monarchy had perished from natural causes, that the republic was the inevitable product of existing circumstance, and that the transition from the one to the other was effected without bloodshed, it was apparent from the outset that republicanism had not, after all, struck root deeply. A constitution was drawn up, but it was at no time really put into operation. The supporters of the new rÉgime were far from agreed as to the kind of republic, federal or centralized, that should be established;[843] the republican leaders were mutually jealous and prone to profitless theorizing; the nation was lacking in the experience which is a prerequisite of self-government.[844] At home the republic was opposed by the monarchists of the various groups, by the clergy, and by the extreme particularists, and abroad it won the recognition of not one nation save the United States. The presidency of Figueras lasted four months; that of Pi y Margall, six weeks; that of Salmeron, a similar period; that of Castelar, about four months (September 7, 1873, to January 3, 1874). Castelar, however, was rather a dictator than a president, and so was his Conservative successor Serrano. By the beginning of 1874 it was admitted universally that the only escape from the anomalous situation in which the nation found itself lay in a restoration of the legitimist monarchy, in the person of Don Alfonso, son of Isabella II. The collapse of the republic was as swift and as noiseless as had been its establishment. The principal agency in it was the army, which, in December, 1874, declared definitely for Alfonso, after he had pledged himself to a grant of amnesty and the maintenance of constitutional government. December 31 a regency ministry under the presidency of CÁnovas was announced, and the new reign began with the landing of the young sovereign at Barcelona, January 10, 1875. Between the premature and ineffective republicanism of the past year, on the one hand, and the absolutism of a Carlist government, on the other, the constitutional monarchy of Alfonso XII. seemed a logical, and to the mass of the Spanish people, an eminently satisfactory, compromise.[845] III. The Present Constitution 675. The Constitution Adopted.—The year following the re-establishment of the monarchy was consumed largely in the suppression of the Carlists and the reorganization of the government. During this period CÁnovas, at the head of a strong Conservative and Clerical ministry, ruled virtually as a dictator, and sooner or later most vestiges of the republic were swept away, while the nation was won over solidly to the new order. At the election of the first Cortes of the Restoration, January 22, 1876, the principle of manhood suffrage was continued in operation, though so docile did the electorate prove that CÁnovas was able to secure, in both chambers, a heavy majority which was ready to vote at the Government's behest a franchise system of a much less liberal type. The first important task of this Cortes was the consideration and adoption of a new national constitution. As to the sort of constitution most desirable there was, as ever, wide difference of opinion. The Conservatives favored a revival of the instrument of 1845. The Liberals much preferred a restoration of that of 1869. A commission of thirty-nine, designated May 20, 1875, by a junta convened by CÁnovas, had evolved with some difficulty an instrument which combined various features of both of these earlier documents, and by the Cortes of 1876 this proposed constitution was at length accorded definite, though by no means unanimous, assent (June 30). This instrument was put forthwith into operation, and it has remained to this day, substantially without alteration, the fundamental law of Spain. Based essentially upon the constitution of 1845, it none the less exhibits at many points the influence of the liberal principles which underlay the instrument of 1869. 676. Contents: Guarantees of Individual Liberty.—In scope the constitution is comprehensive. Its text falls into thirteen "titles" and eighty-nine articles. Like the constitution of Italy, it contains no provision for its own amendment; but in Spain, as also in Italy, the distinction between constituent and legislative powers is not sharply drawn and a simple act of the legislative body is in practice adequate to modify the working constitution of the kingdom. Among the thirteen titles one of the most elaborate is that in which are defined the rights and privileges of Spanish subjects and of aliens resident in Spain.[846] Among rights specifically guaranteed are those of freedom of speech, freedom of the press, peaceful assemblage, the formation of associations, petition, unrestrained choice of professions, and eligibility to public offices and employments, "according to merit and capacity." Immunities guaranteed include exemption from arrest, "except in the cases and in the manner prescribed by law"; exemption from imprisonment, except upon order of a competent judicial official; freedom from molestation on account of religious opinions, provided due respect for "Christian morality" be shown;[847] and exemption from search of papers and effects and from confiscation of property, save by authority legally competent. It is forbidden that either the military or the civil authorities shall impose any penalty other than such as shall have been established previously by law. Certain guarantees, i.e., those respecting arrest, imprisonment, search, freedom of domicile, freedom of speech and press, assemblage, and associations, may, under provision of the constitution, be suspended throughout the kingdom or in any portion thereof, but only when demanded by the security of the state, and then only temporarily and by means of a specific law. In no case may any other guarantee which is named in the constitution be withdrawn, even temporarily. When the Cortes is not in session the Government may suspend, through the medium of a royal decree, any one of the guarantees which the Cortes itself is authorized to suspend, but at the earliest opportunity such a decree must be submitted to the Cortes for ratification. It need hardly be pointed out that the opportunity for the evasion of constitutionalism which is created by this power of suspension is enormous, and anyone at all familiar with the history of public affairs in Spain would be able to cite numerous occasions upon which, upon pretexts more or less plausible, the guarantees of the fundamental law have been set at naught.[848] IV. The Crown and the Ministry 677. The Rules of Succession.—Executive power in the kingdom is vested solely in the crown, although in practice it devolves to a large degree upon the council of ministers. Kingship is hereditary, and in regulation of the succession the constitution lays down the general principle that an elder line shall always be preferred to younger ones; in the same line, the nearer degree of kinship to the more remote; in the same degree of kinship, the male to the female; in the same sex, the older to the younger person. By the original constitution Alfonso XII. was declared to be the legitimate sovereign, and provision was made that if the line of legitimate descendants of Alfonso should be extinguished, his sisters should succeed in the established order; then his aunt (the sister of his mother Isabella II.) and her legitimate descendants; and, finally, the descendants of his uncles, the brothers of Ferdinand VII.[849] It will be recalled that the Pragmatic Sanction of 1830 abolished in Spain the Salic principle and restored the ancient right of females to inherit. Spain is, indeed, one of the few European states in which this right exists. At the same time, as has been pointed out, when the degree of kinship is identical, preference is accorded the male. Thus it came about that the present sovereign, Alfonso XIII., the posthumous son of Alfonso XII., took precedence over his two sisters, both of whom were older than he, and the elder of whom, Maria de las Mercedes, actually was queen from the death of her father, November 25, 1885, until the birth of her brother, May 17, 1886.[850] 678. Regencies.—Any member of the royal family who may be incapable of governing, or who by his conduct may have forfeited his claim to the good-will of the nation, may be excluded from the succession by law. Disputes concerning rights or facts involved in the succession are to be adjusted by law, and in event that all of the family lines mentioned in the constitution should be extinguished it would become the duty of the Cortes to make such disposal of the crown as might be adjudged "most suitable to the nation."[851] Both the sovereign and the heir presumptive are forbidden to marry any person who by law is excluded from the succession. They are, indeed, forbidden to contract a marriage at all until after the Cortes shall have examined and approved the stipulations involved. The age of majority of the sovereign is fixed at sixteen years. When the king is a minor, his father or his mother, or, in default of a living parent, the relative who stands next in the order of succession, is constituted regent, provided always that such person be a Spaniard at least twenty years of age and not by law excluded from the succession. Should there be no one upon whom the regency may lawfully devolve, it is the duty of the Cortes to appoint a regency of one, three, or five persons. If, at any time, in the judgment of the Cortes, the sovereign becomes incapacitated to rule, a regency is required to be vested in the crown prince, provided he be sixteen years of age. In default of a qualified crown prince the regency devolves upon the queen; and in default of both son and queen, upon a person determined in accordance with the rules already mentioned. 679. Powers of the Crown.—The powers of the crown are of the sort common among continental monarchies. By the constitution they are thrown into two groups, i.e., those which may be exercised freely and independently and those which may be exercised only upon the authorization of a special law. Enumeration of the first group begins with the sweeping statement that "the power of executing the laws is vested in the king, and his authority extends to everything which conduces to the preservation of public order at home and the security of the state abroad, in conformity with the constitution and the laws."[852] Powers specifically named include the approval and promulgation of the laws; the issuing of decrees, regulations, and instructions designed to facilitate the execution of the laws; the appointment and dismissal of ministers and of civil officials generally; command of the army and navy and direction of the land and naval forces; the declaration of war and the conclusion of peace;[853] the conduct of diplomatic and commercial relations with foreign states; the pardoning of offenders; the control of the coinage; and the conferring of honors and distinctions of every kind. Of powers which the sovereign may exercise only in pursuance of authority specially conferred by law there are five, as follows: alienation, cession, or exchange of any portion of Spanish territory; incorporation of new territory; admission of foreign troops into the kingdom; ratification of all treaties which are binding individually upon Spaniards, and of treaties of offensive alliance which stipulate the payment of subsidies to any foreign power, or which relate especially to commerce; and abdication of the crown in favor of the heir-presumptive. 680. The Ministry: Organization and Functions.—In Spain, as in constitutional states generally, the powers appertaining to the executive are exercised in the main by the ministers. Concerning the ministry the constitution has little to say. It, in truth, assumes, rather than makes specific provision for, the ministry's existence. It confers upon the crown the power freely to appoint and to dismiss ministers; it stipulates that ministers may be senators or deputies and may participate in the proceedings of both legislative chambers, but may vote only in the chambers to which they belong; and, most important of all, it enjoins that ministers shall be responsible, and that no order of the king may be executed unless countersigned by a minister, who thereby assumes personal responsibility for it. This principle of ministerial responsibility, which found its first expression in Spain in the constitution of 1812, is enforced nowadays sufficiently, at least, to ensure the nation, through the Cortes, some actual control over the policies and measures of the executive. Of ministries there are at present nine, as follows: Foreign Affairs; Justice; Finance; War; Marine; Interior; Public Instruction and Fine Arts; Commerce; and Public Works. At the head of the ministerial council is a president, or premier, who, under royal approval, selects his colleagues, but ordinarily assumes himself no portfolio. It is the function of the ministers not only to serve as the heads of executive departments and to explain and defend in the legislative chambers the acts of the government, but, in their collective capacity, to formulate measures for presentation to the Cortes and, especially, to submit every year for examination and discussion a general budget, accompanied by a scheme of taxation or other proposed means of meeting prospective expenditures. In each chamber there is reserved for the ministers of the crown a front bench to the right of the presiding official. The practice of interpellation exists, although ministries rarely retire by reason of a vote of censure arising therefrom. But any minister may be impeached by the Congress before the Senate. In Spain, as in France and Italy, the parliamentary system is nominally in operation; but, as in the countries mentioned, the multiplicity and instability of party groups render the workings of the system totally different from what they are in Great Britain. Ministries are invariably composite rather than homogeneous in political complexion, with the consequence that they are unable to present a solid front or long to retain their hold upon the nation's confidence. V. The Cortes 681. The Senate: Composition.—The legislative powers of the kingdom are vested in "the Cortes, together with the king." The Cortes consists of two co-ordinate chambers, the Senate and the Congress of Deputies. In the composition of the Senate the prescriptive, appointive, and elective principles are curiously intertwined, the chamber containing one group of men who are members in their own right, another who are appointed by the crown and sit for life, and a third who are elected by the corporations of the state and by the large taxpayers. In number the first two categories jointly may not exceed 180; the third is fixed definitely at that figure. In point of fact the life senators nominated by the crown number 100, while the quota of prescriptive members varies considerably. This last-mentioned group comprises grown sons of the sovereign and of the heir-presumptive; the admirals of the navy and the captains-general of the army; the patriarch of the Indies and the archbishops; the presidents of the Council of State, the Supreme Court, the Court of Accounts, and the Supreme Councils of War and Marine, after two years of service; and grandees of Spain[854] in their own right, who are not subjects of another power and who have a proved yearly income of 60,000 pesetas ($12,000) derived from real property of their own, or from rights legally equivalent to real property.[855] 682. Appointment and Election of Senators.—Appointment of senators by the crown is made by special decree, in which must be stated the grounds upon which each appointment is based. In the selection of appointees the sovereign is not entirely free, but since the constitution designates no fewer than twelve classes from which appointments may be made, the range of choice is large. Among the categories enumerated are the presidents of the legislative chambers; deputies who have been members of as many as three congresses, or who have served during as many as eight sessions; ministers of the crown; bishops; grandees; lieutenant-generals of the army and vice-admirals of the navy, of two years' standing; ambassadors, after two years of active service, and ministers plenipotentiary, after four years; presidents and directors of the half-dozen royal academies, and persons who in point of seniority belong within the first half of the list of members of these respective bodies; head professors in the universities, who have held this rank and have performed the duties pertaining to it through a period of four years; and a variety of other administrative, judicial, and professional functionaries. Persons belonging to any one of these groups, however, are eligible for appointment only in the event that they enjoy an annual income of 7,500 pesetas ($1,500), derived from property of their own or from salaries of permanent employments, or from pensions or retirement allowances. In addition to the classes mentioned persons are eligible who for two years have possessed an annual income of 20,000 pesetas, or who have paid into the public treasury a direct tax of 4,000 pesetas, provided that in addition they possess titles of nobility, or have been members of the Cortes, provincial deputies, or mayors in capitals of provinces or in towns of more than 20,000 inhabitants. Appointments are made regularly for life. The conditions under which the quota of 180 elected senators are chosen were defined by a statute of February 8, 1877. One senator is chosen by the clergy in each of the nine archbishoprics; one by each of the six royal academies; one by each of the ten universities; five by the economic societies; and the remaining 150 by electoral colleges in the several provinces. The electoral college is composed of members of the provincial deputations and of representatives chosen from among the municipal councillors and largest taxpayers of the towns and municipal districts. But no one may become a senator by election who would be ineligible, under the conditions above mentioned, to be appointed to a seat by the crown. And it is required in all cases that to become a senator one must be a Spaniard, must have attained the age of thirty-five, must have the free management of his property, and must not have been subjected to criminal proceedings, nor have been deprived of the exercise of his political rights. The term of elected senators is ten years. One-half of the number is renewed every five years; but upon a dissolution of the elected portion of the chamber by the crown, the quota is renewed integrally.[856] 683. The Congress of Deputies: Composition and Election.—The lower legislative chamber is composed of deputies chosen directly by the inhabitants of the several electoral districts into which the kingdom is divided. From the adoption of the present constitution until 1890 the franchise was restricted severely by property qualifications. A reform bill which became law June 29, 1890, however, re-established in effect the scheme of manhood suffrage which had been in operation during the revolutionary epoch 1869-1875. Under the provisions of a law of August 8, 1907, by which the electoral system was further regulated, the franchise is conferred upon all male Spaniards who have attained the age of twenty-five, who have resided in their electoral district not less than two years, and who have not been deprived judicially of their civil rights.[857] Except, indeed, in the case of certain judicial officials and of persons more than seventy years of age, the exercise of the voting privilege is, as in Belgium and in some of the Austrian provinces, compulsory. The constitution requires that there shall be at least one deputy for every 50,000 inhabitants. The total membership of the Congress is at present 406. In the majority of districts but a single deputy is chosen, but in twenty-eight of the larger ones two or more are elected by scrutin de liste, with provision for the representation of minorities. In districts in which two or three deputies are to be chosen, each elector votes for one fewer than the number to be elected; in districts where from four to seven are to be chosen, the elector votes for two fewer than the total number; and where the aggregate number is eight to ten, or more than ten, he votes for three or four fewer, respectively. Any Spaniard who is qualified for the exercise of the suffrage is eligible for election, and for indefinite re-election, as a deputy, save that no member of the clergy may be chosen. The term of membership is five years, though by reason of not infrequent dissolutions the period of service is actually briefer. As is true also of senators, deputies receive no pay for their services.[858] 684. Sessions and Status of the Chambers.—The Cortes, consisting thus of the Senate and the Congress of Deputies, is required by the constitution to be convened by the crown in regular session at least once each year. Extraordinary sessions may be held, and upon the death or incapacitation of the sovereign the chambers must be assembled forthwith. To the crown belongs the power not only to convene, but also to suspend and to terminate the sessions, and to dissolve, simultaneously or separately, the Congress and the elective portion of the Senate. In the event, however, of a dissolution, the sovereign is obliged to convene the newly constituted Cortes within the space of three months. Except when it devolves upon the Senate to exercise its purely judicial functions, neither of the chambers may be assembled without the other. In no case may the two chambers sit as a single assembly, or deliberate in the presence of the sovereign. Each body is authorized to judge the qualifications of its members and to frame and adopt its own rules of procedure. The Senate elects its secretaries, but its president and vice-president are designated, for each session, and from the senators themselves, by the crown. The Congress, on the other hand, elects from its membership all of its own officials. Sessions of both chambers are public, though "when secrecy is necessary" the doors may be closed. A majority of the members constitutes a quorum, and measures are passed by a majority vote. No senator or deputy may be held to account by legal process for any opinion uttered or for any vote cast within the chamber to which he belongs; and, save when taken in the commission of an offense, a member is entitled to all of the safeguards against arrest and judicial proceedings which are extended customarily to members of legislative bodies in constitutional states.[859] 685. Functions and Powers of the Cortes.—The function of the Cortes is primarily legislative. Each chamber shares with the crown the right to initiate measures, and no proposal can become law until it has received the sanction of the two houses. Rejection of a bill by either chamber, or by the crown, precludes the possibility of a reappearance of the project during the continuance of the session. Measures relating to taxation and to the public credit must be presented, in the first instance, in the Congress of Deputies, and it is made the specific obligation of the Government every year to lay before that body for examination and approval a budget of revenues and expenditures. Only upon authority of law may the Government alienate property belonging to the state, or borrow money on the public credit. Under Spanish constitutional theory the Cortes is the agent of the sovereign nation. It is authorized, therefore, not only to discharge the usual functions of legislation but also to do three other things of fundamental importance. In the first place, it receives from the sovereign, from the heir-apparent, and from the regent or regency of the kingdom, the oath of fidelity to the constitution and the laws. In the second place, under provisions contained within the constitution, it elects the regent or regency and appoints a guardian for a minor sovereign. Finally, to maintain the responsibility of ministers to the lower chamber, and, through it, to the nation, the Congress is authorized to impeach, and the Senate to try, at any time any member of the Government.[860] VI. Political Parties 686. Party Groups After 1869.—Since the dawn of constitutionalism political life in Spain has comprised much of the time a sheer game between the "ins" and the "outs", in which issues have counted for little and the schemings of the caciques, or professional wire-pullers and bosses, have counted for well-nigh everything. For the exercise of independent popular judgment upon fundamental political questions aptitude has been meager and opportunity rare. Political parties there have been, and still are, and certain of them have exhibited distinct power of survival. Yet it must be observed that even the stablest of them are essentially the creatures of the political leaders and that at no time have they exhibited the broadly national rootage of political parties in other states of western Europe. Party cleavages in Spain had their beginning early in the nineteenth century, but for the origins of the groups which share in an important manner nowadays in the politics of the kingdom it is not necessary to return to a period more remote than that of the revolution of 1868. Subsequent to the expulsion of Queen Isabella at least four groups were thrown into more or less sharp relief. One was the Carlists, supporters of the claims of Don Carlos and, in respect to political principle, avowed absolutists. A second comprised the Republicans, led by Castelar, whose demand for the establishment of a republic, rejected in 1869, carried the day upon the breakdown of the Amadeo monarchy four years later. Between the Carlists, on the one hand, and the Republicans, on the other, stood the mass of the political leaders, and, so far as may be judged, of the nation also. All were agreed upon the general principle of constitutional monarchy. But upon the precise nature of the government which had been established and of the public policy which ought to be pursued there was, and could be, little agreement. The consequence was a sharp-cut cleavage, by which there were set off in opposition to each other two large parties, the Conservatives and the Liberals; and, save for the brief ascendancy of the Republicans in 1873-1874, it is these two parties which have shared between them the government of the kingdom from the establishment of the limited monarchy in 1869 to the present day. Both of these leading parties have been pledged continuously to maintain the constitution and all of the popular privileges—freedom of speech, liberty of the press, safety of property, the right of establishing associations, and the like—guaranteed by that instrument. Upon the methods by which these things shall be maintained the parties originally divided and still are disagreed. Fundamentally, the policy of the Liberals is to commit the guardianship of public privileges to the courts of justice, while that of the Conservatives is to retain it rather in the hands of the ministerial and administrative authorities. In the normal course of development the Liberal party has tended to draw to itself those liberal elements generally which are satisfied to rely upon legal means for the realization of their purposes, e.g., the free-traders, the labor forces, and many of the socialists. Similarly the Conservative party has attracted a considerable proportion of the reactionaries, especially the Ultramontanes, by whom special stress is placed upon the maintenance of peace with the Vatican, and many representatives of the old Moderate party which was swept out of existence by the overturn of 1868. 687. Liberals and Conservatives: CÁnovas and Sagasta.—The first public act of Alfonso XII., following his proclamation as king, December 29, 1874, was to call to his side in the capacity of premier CÁnovas del Castillo, by whom was formed a strong Conservative ministry. Consequent upon the convocation of the Cortes of 1876 and the adoption of the new constitution of that year, the various groups of Liberals were drawn into a fairly compact opposition party, supporting the Alfonsist dynasty and the new constitutional rÉgime, but proposing to labor, by peaceful means, for the restoration of as many as possible of the more liberal features of the constitution of 1869. It is of interest to observe that the party, in its earlier years, was encouraged by CÁnovas, on the theory that there would be provided by it a natural and harmless outlet for inevitable ebullitions of the liberal spirit. Under the able leadership of Sagasta the development of the party was rapid, and in 1881 CÁnovas determined to give the country a taste of Liberal rule. Following a collusive "defeat" the premier retired, whereupon Sagasta was designated premier and a Liberal ministry was established which held office somewhat more than two years. By the Republicans and other radical forces the ministry of Sagasta was harassed unsparingly, just as had been that of CÁnovas, and the actual working policies of the two differed in scarcely any particular. Within the Liberal ranks, indeed, a "dynastic Left" became so troublesome that Sagasta, after two years, yielded office to the leader of the disaffected elements, Posada Herrera. The only effect of the experiment was to demonstrate that between the Conservatives led by CÁnovas and the Liberals led by Sagasta there was no room for a third party. In 1885 CÁnovas returned to power, but for only a brief interval, for upon the establishment of the regency of Queen Christina, following the death of Alfonso XII., November 25, 1885, Sagasta was called upon to form the first of a series of ministries over which he presided continuously through the ensuing five years. In the memorable Pact of El Pardo it had been agreed between the Liberal and Conservative leaders that each would assist the other in the defense of the dynasty and of the constitution, and although Sagasta had avowed the intention of reintroducing certain principles of the constitution of 1869 he was pledged to proceed in a cautious manner and a conciliatory spirit. The elections of 1884 yielded a substantial Conservative majority in both chambers of the Cortes. None the less the Conservatives accorded the Liberal government their support, until by the elections of 1886 the Liberals themselves acquired control of the two houses. Throughout three years Castelar and the more moderate Republicans co-operated actively with the Government in the re-introduction of jury trial, the revival of liberty of the press, and a number of other liberal measures; but the Government was annoyed continually by attacks and intrigues participated in by both the less conciliatory Republicans and the Carlists. The crowning achievement of the Sagasta ministry was the carrying through of the manhood suffrage act of June 29, 1890. Within a month after the promulgation of the suffrage law the regent gave Sagasta to understand that the time had arrived for a change of leaders. The CÁnovas ministry which was thereupon established endured two and a half years, and was given distinction principally by its introduction, in 1892, of the thoroughgoing protectionist rÉgime which prevails in Spain to-day. The Conservatives falling into discord, CÁnovas resigned, December 8, 1892; and at the elections of the following year the Conservatives carried only one hundred seats in the Chamber. During the period from December, 1892, to March, 1895, Sagasta was again at the helm. 688. The American War and Ministerial Changes, 1895-1902.—Between 1895 and 1901 there was a rapid succession of ministries, virtually all of which were both made and unmade by situations arising from the war in Cuba and the subsequent contest with the United States. In the hope of averting American intervention a new CÁnovas government, established in 1895, brought forward a measure for the introduction of home rule in Cuba, but while the bill was pending, CÁnovas was assassinated, August 9, 1897, and the proposition failed. The new Conservative cabinet of General Azcarraga soon retired, and although the Sagasta government which succeeded recalled General Weyler from Cuba and inaugurated a policy of conciliation, the situation had got beyond control and war with the United States ensued. By the succession of Spanish defeats the popularity of the Liberal rÉgime was strained to the breaking point, and at the close of the war Sagasta's ministry gave place to a ministry formed by the new Conservative leader Silvela. The elections of April 16, 1899, yielded the Silvelists a majority and the ministry, reconstituted September 28 of the same year, retained power until March 6, 1901. At that date the Liberals gained the upper hand once more; and, with two brief intervals, Sagasta remained in office until December 3, 1902. Within scarcely more than a month after his final retirement, the great Liberal leader passed away. 689. Parties Since the Death of Sagasta.—A second Silvela ministry, established December 6, 1902, brought the Conservatives again into power. This ministry, which lasted but a few months, was followed successively by four other Conservative governments, as follows: that of Villaverde, May, 1903, to December, 1903; that of Antonio Maura y Montanes, December, 1903, to December, 1904; the second of General Azcarraga, December, 1904, to January, 1905; and the second of Villaverde, from January, 1905, to June, 1905. Of these the most virile was that of Maura, a former Liberal, whose spirit of conciliation and progressiveness entitled him to be considered one of the few real statesmen of Spain in the present generation. Following the death of Sagasta the Liberals passed through a period of demoralization, but under the leadership of Montero Rios they gradually recovered, and in June, 1905, the government of Villaverde was succeeded by one presided over by Rios. At the elections of September 10, 1905, the Ministerialists secured 227 seats and the Conservatives of all groups but 126 (the remainder being scattered); but discord arose and, November 29 following, the cabinet of Rios resigned. Upon the great ecclesiastical questions of the day—civil marriage, the law of associations, and the secularization of education—both parties, but especially the Liberals, were disrupted completely, and during the period of but little more than a year between the retirement of Rios and the return to power of Maura, January 24, 1907, no fewer than five ministries sought successively to grapple with the situation. Under Maura a measure of stability was restored. The premier, although a Catholic, was moderately anti-clerical. His principal purpose was to maintain order and to elevate the plane of politics by a reform of the local government. At the elections of April 21, 1907, the Conservatives won a victory so decisive that in the Congress they secured a majority of 88 seats over all other groups combined.[861] The fall of the Maura ministry, October 21, 1909, came in consequence largely of the Moroccan crisis, but more immediately by reason of embarrassment incident to the execution of the anarchist-philosopher SeÑor Ferrer. The Liberal ministry of Moret, constituted October 22, 1909, lacked substantial parliamentary support and was short-lived. February 9, 1910, there was established under Canalejas, leader of the democratic group, a cabinet representative of various Liberal and Radical elements and made up almost wholly of men new to ministerial office.[862] 690. The Elections of 1910.—The first important act of Canalejas was to persuade the sovereign, as Moret had vainly sought to do, to dissolve the Cortes, to the end that the Liberal ministry might appeal to the country. The elections were held May 10. They were of peculiar interest by reason of the fact that now for the first time there was put into operation an electoral measure of the recent Maura government whereby it is required that every candidate for a seat in the lower chamber shall be placed in nomination by two ex-senators, two ex-deputies, or three members of the general council of the province. This regulation had been opposed by the Republicans and by the radical elements generally on the ground that it put in the hands of the Government power virtually to dictate candidacies in many electoral districts, and the results seemed fairly to sustain the charge. May 1, in accordance with a provision of the law, 120 deputies—upwards of one-third of the total number to be chosen—were declared elected, by reason of having no competitors. Of these 70 were Liberals, 39 were Conservatives, and the remainder belonged to minor groups. In the districts in which there were contests the Government also won decisively a few days later, as it did likewise in the senatorial elections of May 15. The results of the elections, as officially reported, may be tabulated as follows: SENATE CONGRESS OF DEPUTIES Elected indirectly by the people, May 15 Elected by the corporations, etc., May 15 Total elected Immovable portion of Senate Grand Total Liberals 229 92 11 103 70 173 Dissenting Liberals 0 3 0 3 0 3 Conservatives 107 35 7 42 77 119 Republicans 40 3 1 4 0 4 Carlists 9 4 0 4 2 6 Regionalists 8 4 1 5 0 5 Integrists 7 0 0 0 0 0 Independents 5 1 1 2 16 18 Socialists 1 0 0 0 0 0 Catholics 0 5 0 5 8 13 —— —— —— —— —— —— 406 147 21 168 173[863] 341 691. Republicanism and Socialism.—Among other accounts, the elections of 1910 were notable by reason of the return to the Congress for the first time of a socialist member. In Madrid, as in other centers of population, the Government concluded with the Conservatives an entente calculated to hold in check the rising tide of socialism and republicanism. Under the stimulus thus afforded the Socialists at last responded to the overtures which the Republicans had long been making, and the coalition which resulted was successful in returning to Parliament the Socialist leader Iglesias, together with an otherwise all but unbroken contingent of Republicans. In Barcelona and elsewhere Republican gains were decisive. None the less the Republican forces continue to be so embarrassed by factional strife as to be not really formidable. The Socialists, however, exhibit a larger degree of unity. As in Italy, France, and most European countries, they are growing both in numbers and in effectiveness of organization. In Spain, as in Italy, the historic parties which have been accustomed to share between them the control of the state have, in reality, long since lost much of the vitality which they once possessed. The terms "Liberal" and "Conservative" denote even less than once they did bodies of men standing for recognized political principles, or even for recognized political policies. The field for the development of parties which shall take more cognizance of the nation's actual conditions and be more responsive to its demands seems wide and, on the whole, not unpromising.[864] VII. The Judiciary and local Government 692. Law and Justice.—The law of Spain is founded upon the Roman law, the Gothic common law, and, more immediately, the Leyes de Toro, a national code promulgated by the Cortes of Toro in 1501. By the constitution it is stipulated that the same codes shall be in operation throughout all portions of the realm and that in these codes shall be maintained but one system of law, to be applied in all ordinary civil and criminal cases in which Spanish subjects shall be involved. The civil code which is at present in operation was put in effect throughout the entire kingdom May 1, 1889. The penal code dates from 1870, but was amended in 1877. The code of civil procedure was put in operation April 1, 1881, and that of criminal procedure, June 22, 1882. A new commercial code took effect August 22, 1885. "The power of applying the laws in civil and criminal cases," says the constitution, "shall belong exclusively to the courts, which shall exercise no other functions than those of judging and of enforcing their judgments."[865] What courts shall be established, the organization of each, its powers, the manner of exercising them, and the qualifications which its members must possess, are left to be determined by law. The civil hierarchy to-day comprises tribunals of four grades: the municipal courts, the courts of first instance, the courts of appeal, and the Supreme Court at Madrid. The justices of the peace of the municipal courts are charged with the registration of births and deaths, the preparation of voting lists, the performance of civil marriage, and the hearing of petty cases to the end that conciliation, if possible, may be effected between the litigants. No civil case may be brought in any higher court until effort shall have been made to adjust it in a justice's tribunal. In each of the 495 partidos judiciales, or judicial districts, of the kingdom is a court of first instance, empowered to take cognizance of all causes, both civil and criminal. From these tribunals lies appeal in civil cases to fifteen audiencias territoriales. By a law of April 20, 1888—the measure by which was introduced the use of the jury in the majority of criminal causes—there were established forty-seven audiencias criminales, one in each province of the kingdom, and these have become virtually courts of assize, their sessions being held four times a year. Finally, at Madrid is established a Supreme Court, modelled on the French Court of Cassation, whose function it is to decide questions relating to the competence of the inferior tribunals and to rule on points of law when appeals are carried from these tribunals. Cases involving matters of administrative law, decided formerly by the provincial councils and the Council of State, are disposed of now in the audiencias and in the fourth chamber of the Supreme Court.[866] Justice is administered in the name of the king. All judgments must be pronounced in open court, and by the constitution it is guaranteed specifically that proceedings in criminal matters shall be public. In every tribunal the state is represented by abogados fiscales (public prosecutors) and counsel nominated by the crown. Magistrates and judges, appointed by the crown, may not be removed, suspended, or transferred, save under circumstances minutely stipulated in the organic judicial laws. But judges are responsible personally for any violation of law of which they may be guilty. 693. Local Government: the Province and the Commune.—Prior to 1833 the Spanish mainland comprised thirteen provinces, by which were preserved in a large measure both the nomenclature and the geographical identity of the ancient kingdoms and principalities from which the nation was constructed. In the year mentioned the number of provinces was increased to forty-seven, at which figure it remains at the present day. The essential agencies of government in the province are two—the governor and the diputacion provincial, or provincial council. The governor is appointed by the crown and it is his function, under the direction of the Minister of the Interior, to represent the central government in the provincial council and in the general administrative business of the province. The provincial council is composed of members chosen by the voters of the province, which means, under the law of June 28, 1890, all male Spaniards of the age of twenty-five. Under the presidency of the governor the body meets yearly, and in the intervals between sessions it is represented by a commission provinciale, or provincial committee, elected annually. The size of the council varies roughly according to the population of the province. The smallest governmental unit is the commune, and the number of communes in the kingdom is approximately 8,000. In each is an ayuntamiento, or council, the members of which, varying in number from five to thirty-nine, are elected for four years (one-half retiring biennially) by those residents of the commune who are qualified to vote for members of the provincial councils. To serve as the chief executive officer of the municipality the ayuntamiento regularly elects from its own number an alcalde, or mayor, although in the larger towns appointment of the mayor is reserved to the crown. 694. Principles of Local Control.—After stipulating that the organization and powers of the provincial and municipal councils shall be regulated by law, the constitution lays down certain fundamental principles to be observed in the enactment of such legislation. These are (1) the management of the local interests of the province and the commune shall be left entirely to the respective councils; (2) the estimates, accounts, and official acts of these bodies shall invariably be made public; (3) the fiscal powers of the councils shall be so determined that the financial system of the nation may never be brought in jeopardy; and (4) in order to prevent the councils from exceeding their prerogatives to the prejudice of general and established interests the power of intervention shall be reserved to the sovereign and, under certain circumstances, to the Cortes.[867] The theory, carried over from the liberal constitution of 1869, is that within the spheres marked out for them by law the provinces and the municipalities are autonomous. And it undoubtedly is true that, compared with the system in operation prior to 1868, the present rÉgime represents distinct decentralization. None the less it must be said that in practice there is ever a tendency on the part of the central authorities to encroach upon the privileges of the local governing agencies, and through several years there has been under consideration a reorganization of the entire administrative system in the direction of less rather than more liberalism. In 1909 a Local Administration bill devised by the recent Maura ministry was adopted by the lower chamber of the Cortes. This measure, which was combatted with vigor by the Liberal party, proposed to enlarge the fiscal autonomy of the communes, but at the same time to modify the provincial and municipal electoral system by the establishment of an educational qualification, by the admission of corporations to electoral privileges, and by otherwise lessening the weight of the vote of the individual citizen. In the Senate the measure met determined opposition, and as yet its fate is uncertain.[868] CHAPTER XXXIV THE GOVERNMENT OF PORTUGAL I. A Century of Political Development 695. The Napoleonic Subjugation and the Constitution of 1820.—The government of Portugal at the opening of the nineteenth century was no less absolute than was that of Spain, The Cortes was extinct, and although Pombal, chief minister during the period 1750-1777, had caused all Portuguese subjects to be made eligible to public office and had introduced numerous economic and administrative reforms, nothing had been permitted to be done by which the unrestricted authority of the crown might be impaired. The country was affected but slightly by the Revolution in France. In 1807, however, it fell prey to Napoleon and the royal family was obliged to take refuge in the dependency of Brazil. With the aid of the English the power of the conqueror was broken in 1808, and through a number of years the government was administered nominally by a commission designated by the absentee regent, Dom John, though actually by a British dictatorship. In 1815 Brazil was raised to the rank of a co-ordinate kingdom, and from that year until 1822 the official designation of the state was "the United Kingdom of Portugal, Brazil, and the Algarves." In 1816 the mad queen Maria I. died and the regent succeeded to the affiliated thrones as John VI. His original intention was to remain in America, but in 1820 a general revolt in Portugal culminated in the calling of a national assembly by which there was framed a constitution reproducing the essentials of the Spanish instrument of 1812, and by this turn of events the sovereign was impelled, in 1821, to set sail for the mother country, leaving as regent in Brazil his son Dom Pedro. Fidelity to the new constitution was pledged perforce, but the elements of reaction gathered strength swiftly, and before the close of 1823 the instrument was abrogated. The only tangible result of the episode was the creation of a constitutional party which thereafter was able much of the time to keep absolutism upon the defensive.[869] 696. The Constitutional Charter of 1826: Miguelist Wars.—The death of John VI., March 10, 1826, precipitated a conflict of large importance in the history of Portuguese constitutionalism. The heir to the throne was Dom Pedro, Emperor of Brazil, who as sovereign of Portugal, assumed the title Pedro IV. Having inaugurated his reign by the grant of a constitutional charter whereby there was introduced a parliamentary system of government on the pattern of that in operation in Great Britain, the new king, being unwilling to withdraw from America, made over the Portuguese throne to his seven-year-old daughter, Dona Maria da Gloria, with the stipulation that when she should come of age she should be married to her uncle, Dom Miguel, in whom meanwhile the regency was to be vested. Amid enthusiasm the Carta Constitucional was proclaimed at Lisbon, July 31, 1826, and in August there was established a responsible Liberal ministry under Saldanha. When, however, in 1828, the regent at length arrived in Portugal, a clerical and absolutist counter-revolution was found to be under way, and by the reactionary elements he was received, not as regent, but as king. By a Cortes of the ancient type, summoned in the stead of the parliament provided for in the Charter, Dom Miguel was tendered the crown, which, in violation of all the pledges he had given, he made haste to accept. That he might vindicate the claims of his daughter, the Emperor Pedro, in April, 1831, abdicated his Brazilian throne and, repairing to Portugal, devoted himself unsparingly to the task of deposing the usurper. The outcome of the wars which ensued was that in 1834 Dom Miguel was overthrown and banished perpetually from the kingdom. Until his death, in September of the same year, Pedro acted as regent for his daughter, and under his comparatively enlightened rule the Charter of 1826 was restored and the state was set once more upon the path of reform. Upon his death the Princess Maria assumed the throne as Maria II.[870] 697. Nominal Constitutionalism, 1834-1853.—The reign of Queen Maria (1834-1853) was a period of factional turbulence. There were now three political groups of principal importance: the Miguelists, representing the interests of the repudiated absolutist rÉgime; the Chartists, who advocated the principles of the moderate constitution (that of 1826) at the time in operation; and the Septembrists,[871] who were attached rather to the principles of the radical instrument of 1821-1822. By all, save perhaps the Miguelists, the maintenance of a constitution of some type was regarded as no longer an open question. In 1836 the Septembrists stimulated a popular rising in consequence of which the constitution of 1822 was declared again in effect until a new one should have been devised, and, April 4, 1838, there was brought forward under Septembrist auspices an instrument in which it was provided that an elected senate should take the place of the aristocratic House of Peers for which the Charter provided, and that elections to the House of Deputies should thenceforth be direct. In 1839, however, a moderate ministry was constituted with Antonio Bermudo da Costa Cabral as its real, though not its nominal, head, and by a pronunciamento of February 10, 1842, the Charter was restored to operation. Costa Cabral (Count of Thomar after 1845) ruled despotically until May, 1846, when by a combination of Miguelists, Septembrists, and Chartists he was driven into exile.[872] The Chartist ministry of Saldanha succeeded. In 1849 it was replaced by a ministry under the returned Thomar, but by a rising of April 7, 1851, Thomar was again exiled. At the head of a moderate coalition Saldanha governed peacefully through the next five years (1851-1856). The period was marked by two important developments. July 5, 1852, a so-called "Additional Act" revised the Charter by providing for the direct election of deputies, the decentralization of the executive, the creation of representative municipal councils, and the abolition of capital punishment for political offenses. A second fact of importance was the amalgamation, in 1852, of the Septembrists and the Chartists to form the party of Regeneradores, or Regenerators, in support of the Charter in its new and liberalized form. 698. Party Rivalries: the Rotativos.—In the constitutional history of the kingdom the reign of Pedro V. (1853-1861) possesses slight importance. There was less civil strife than during the preceding generation, but ministries took office in rapid succession and little improvement was realized in practical political conditions. The period covered by the more extended reign of Luiz I. (1861-1889) was of the same character, save that its later years were given some distinction by certain developments in the party situation. The death of the old Chartist leader Saldanha in 1876 was followed, indeed, by the appearance of a political alignment that was essentially new. Already the Regeneradores, representing the Chartist-Septembrist coalition of 1852, had disintegrated, and in 1877 the more radical elements of the defunct party, known at first as the Historic Left, were reorganized under the name of the Progressistas, or Progressives. The new conservative elements, on the other hand, carried on the traditions and preserved the name of the original Regeneradores. In the Cortes the Progressistas assumed the position of a Constitutional Left and the surviving Regeneradores that of a Conservative Right. Both were monarchical and both were attached to the existing constitution, differing only in respect to the amendments which they would have preferred to introduce in that instrument. Of remaining parties two were of importance, i.e., the Miguelists, representing still the interests of absolutism, and the Republicans, who first acquired definite party organization in 1881. Between 1877 and 1910 the Regeneradores and the Progressistas shared in rotation the spoils of office with such regularity that the two acquired popularly the nickname of the rotativos. Both were dominated by professional politicians whose skill in manipulating popular elections was equalled only by their greed for the spoils of victory. Successful operation of a parliamentary system presupposes at least a fairly healthy public opinion. But in Portugal, upwards of four-fifths of whose inhabitants are illiterate,[873] there has been no such favoring condition, and the opportunity for the demagogue and the cacique has been correspondingly tempting. Parties have been regularly mere cliques and party politics only factional strife. Throughout the period corruption was abundant and such public feeling as existed was stifled systematically. Elections were supervised in every detail by the provincial governors; agents of the Government were employed to instruct the people in their choice of representatives; and the voters did habitually precisely what they were told to do. No one ever expected an election to show results adverse to the Government. Especially unscrupulous was the manner in which the preponderating parties obstructed systematically the election of Republican and Independent deputies. As late as 1906 but one Republican was returned to the Cortes, although it was a matter of common knowledge that in many constituencies the party commanded a clear majority. 699. The Dictatorship of Franco, 1906-1908.—From June, 1900, to October, 1904, the Regeneradores were in power, with Ribeiro as premier. During this period two national elections, in 1900 and in 1904, yielded the controlling party substantial majorities. From October, 1904, the Progressive ministry of Luciano de Castro occupied the field, but in the spring of 1906 there took place a series of ministerial crises in the course of which Ribeiro returned for a brief interval to power. The election of April 26, 1906, gave the Regeneradores 113 seats, the Progressistas 30, and the Republicans 1. The ministerial changes by which this election was accompanied prepared the way for the establishment of the rÉgime known in recent Portuguese history as the dictadura, or dictatorship. The new premier, JoÃo Franco, was one of the abler and more conscientious men in public life. Originally a Regenerator, as early as 1901 he had led a secession from the party, and in 1903 he had organized definitely a third party, the Liberal Regenerators, whose avowed end was the establishment in Portugal of true parliamentarism. In 1906 a "Liberal Concentration" was effected between Franco's followers and the Progressistas, led by Castro, and the outcome was the calling, May 19, 1906, of Franco to the premiership. That office he assumed with the determination to introduce and to carry through an elaborate programme of sorely needed fiscal and administrative reforms. If possible, his methods were to be entirely constitutional; if not, as nearly so as might prove practicable. The Cortes elected April 26 met June 6 and, being found unpromising, was dissolved. During the campaign which followed the Regenerador party, to which Franco nominally belonged, split, the Franquistas, or supporters of the premier, taking the name of New Regenerators. The returns yielded by the election of August 12 were: New Regenerators, 73 seats; Progressives, 43; Old Regenerators, 23; Republicans, 4; with scattering seats distributed among other groups. The sitting of the Cortes which began September 29, 1906, was one of the stormiest on record. In May, 1907, when the Government seemed on the point of collapse and it was supposed that Franco would resign, the indomitable premier effected a coup d'État whereby the ministry was reconstituted, the Cortes was dissolved, and several important bills which were pending were proclaimed to have acquired the force of law. During the ensuing twelvemonth the government was that of a benevolent but uncompromising dictatorship. Supported by the king, the army, and a considerable body of partisans, Franco succeeded in carrying through the major portion of his reform programme. But he was opposed by the Republicans, by the professional politicians of the older parties, and by the entire hierarchy of administrative and judicial officials who shrank from impending investigation. His task was enhanced tremendously by the growing unpopularity of King Carlos, and in defense of the sovereign it was found necessary to deprive the House of Peers of its judicial functions, to replace the district and municipal councils by commissions named by the crown, and, in short, to suspend virtually all remaining vestiges of popular government, as well as the various guarantees of individual liberty. 700. Restoration of Normal Conditions.—February 1, 1908, when the situation bordered on revolution, King Carlos and the crown prince Louis Philippe were assassinated and the dictatorship of Franco was brought abruptly to an end. The king's second son, who succeeded under the title of Manoel II., called together an extraordinary junta of ministers and party leaders, at whose instigation the imperious premier resigned and withdrew from the country; whereupon, under the premiership of Admiral Ferreira do Amaral, there was formed a coalition ministry, representative of all of the monarchist parties. The administrative commissions created by Franco were dissolved; the civil list, concerning which there had been grave controversy, was reduced; the House of Peers was reconstituted; the election of a new Cortes was ordered; and parliamentary institutions, suspended for a year, were revived. The various reforms, on the other hand, for which the dictator had been responsible were brought likewise to an end. The election of April 5, attended by grave disorders, yielded the Government a decisive majority and, April 29, the new sovereign formally opened the first Cortes of his reign and took oath to support the constitution. In the Chamber the old balance between the Regeneradores and the Progressistas reappeared. Of the former there were 61; of the latter, 59. The Republicans had 7 seats; a group of "Nationalists," 3; the Independents, 1; and the "Amaralists," detached supporters of the ministry, 17. Before the end of the year the Government lost its majority, and December 24 a new coalition cabinet was made up by Campos Henriques, a former minister of justice.[874] II. The Government of the Kingdom 701. The Constitution.—Before speaking of the revolution of 1910, in consequence of which the monarchy was overthrown and the present republic was established, it is desirable that brief allusion be made to the governmental system of the earlier rÉgime. The fundamental law in operation in 1910 was the Carta Constitucional of 1826, remodelled and liberalized by numerous amendments. The revision accomplished by the Additional Act of 1852 has been mentioned. An amendment of July 24, 1885, provided for the gradual extinction of the right of hereditary peers to sit in the upper house and for the representation, in the Deputies, of minorities; while three amendments of importance during the reign of Carlos I. (1889-1908) were: (1) that of March 28, 1895, whereby the number of deputies was reduced from 180 to 120 and the qualifications requisite for the exercise of the suffrage were overhauled; (2) that of September 25 of the same year whereby the elective portion of the House of Peers was abolished; and (3) that of August 8, 1901, by which the conditions of election to the House of Deputies were revised. In its final form the constitution was an instrument of unusual length, comprising eight "titles" and 145 articles, some of which were very comprehensive.[875] 702. The Crown and the Ministry.—Provision was made for the exercise of four distinct categories of powers, i.e., executive, moderative, legislative, and judicial. Of these the first two were lodged in the sovereign, the third in the sovereign and Cortes conjointly, and the fourth in tribunals established under provision of the constitution. The crown was vested permanently in the descendants of Dona Maria II., of the House of Braganza, and, in default thereof, in the nearest collateral line. The succession was regulated on the principle of primogeniture, with preference to the male line, and during a sovereign's minority the regency devolved upon the nearest relative, according to the order of succession, who had attained the age of twenty-five. Associated with the sovereign was a ministry and a council of state. The ministry consisted of a premier, usually without portfolio, and a variable number of heads of departments (in 1910, seven),[876] and it was a principle of the constitution that, the crown being legally irresponsible, no executive act might be adjudged valid unless signed by one or more of the members of the ministerial group. For all of their acts the ministers were responsible nominally to the Cortes, although in point of fact the turbulent state of politics rendered such responsibility nearly impossible to enforce. The council of state was a body composed of the crown prince (when of the age of eighteen) and of twelve men appointed by the king for life, usually from present or past ministers. It was required that the council be consulted in all affairs of weight and in general measures of public administration, especially those relating to the declaration of war, the conclusion of peace, and the conduct of diplomatic negotiations.[877] Aside from participation in legislation, the powers of the crown (exercised at least nominally through the intermediary of the ministers and councillors) were, as has been said, of two categories, executive and moderative. The powers of an executive character were of the usual sort, i.e., the appointment of civil, military, and ecclesiastical officials; the conduct of foreign relations; the promulgation of the laws, and of decrees, instructions, and regulations requisite to the proper execution of the laws; the ordering, not less frequently than quadrennially, of an election of a new Cortes; and the supervision, in conformity with the constitution, of "all things which bear upon the internal and external security of the state."[878] Among modern constitutions those of Portugal and Brazil are unique in the distinction drawn between powers that are executive and powers that are "moderative." Under the head of moderative powers the Portuguese constitution vested in the crown the nomination of peers, the convening of the Cortes in extraordinary session, approval of the measures of the Cortes to the end that they might acquire the force of law, the proroguing and adjourning of the Cortes and the dissolving of the House of Deputies, the appointing and dismissing of ministers, the granting of amnesties, and the remitting or reducing of penalties imposed upon offenders by judicial sentence. The theory was that these were powers which the sovereign exercised in the capacity of mediator between the several organs of the governmental system, and by the constitution it was declared that this moderative power was the keystone of the entire political organization. The distinction, however, while from a certain point of view logical enough, does not appear to have possessed much practical importance. 703. The Cortes.—Powers of a legislative character were vested in the sovereign conjointly with a parliament of two chambers, the Camara dos Pares, or House of Peers, and the Camara dos Deputados, or House of Deputies. Collectively, the two houses were known as the Cortes Feraes, or, more briefly, the Cortes. Until 1885 the House of Peers consisted of members of two classes, those who sat by hereditary right and those who were nominated by the crown for life. By the constitutional amendment of July 24, 1885, hereditary peerages were put in the way of gradual abolition and it was stipulated that when they should have been extinguished the chamber should be composed of princes of the royal blood, the archbishops and bishops of Portugal proper, 100 members appointed by the king for life, and 50 members elected every new parliament by the lower chamber. By amendment of September 25, 1895, however, the 50 elective peerages were abolished and the number of royal appointees was reduced to 90. In 1910, therefore, the chamber was made up of (1) princes of the royal blood who had attained the age of twenty-five; (2) surviving peers whose hereditary right antedated 1885, together with their immediate successors; (3) the Patriarch of Lisbon and the archbishops and bishops of the continental territory of the kingdom; and (4) the 90 life peers nominated by the crown. In the nomination of peers the crown was restricted only by the requirement that members must have attained the age of forty and must be able to meet a considerable property qualification. The House of Deputies, as regulated by the law of August 8, 1901, was composed of 155 members, of whom 148 represented the 26 electoral circles of Portugal, the Azores, and Madeira,[879] and 7 represented the colonies. By amendment of 1885 provision was made for the representation of minorities, and of the 155 members in 1910, 35 sat as minority representatives. This result was attained through an arrangement whereby in circles which elected more than one deputy each elector voted for one or two fewer than the number of seats to be filled. Deputies were chosen by direct election, and in the choice all male citizens twenty-one years of age were entitled to participate, provided they paid taxes aggregating 500 reis (about 56 cents) annually or were able to read and write. Convicts, beggars, bankrupts, domestic servants, workingmen permanently employed by the state, and soldiers and sailors below the rank of commissioned officer were disqualified. In point of fact, the prevalence of poverty and of illiteracy operated to confine the franchise within very narrow limits. Peers, naturalized aliens, persons not qualified to vote, and certain employees of the state were ineligible for election, and deputies were required to possess an income of not less than 400 milreis ($425) annually, or to be graduates of a professional, secondary, or higher school. After 1892 no deputies, save those representing the colonies, were paid salaries. Sessions of the Cortes were required to be opened by the crown on the second day of January of each year. According to the amendment of July 24, 1885, a regular session lasted three months and each Cortes, unless sooner dissolved, lasted three years. The president and vice-president of the House of Peers were appointed by the crown; likewise the corresponding officials of the House of Deputies, from a list of five nominees presented by that body. Each chamber was authorized to choose its own secretaries, to pass upon the qualifications of its members, and to frame its rules of procedure. Except at times when the welfare of the state demanded secrecy, sessions were required to be public. To the lower chamber was committed the initiative in all matters pertaining to taxation, the recruiting of troops, the investigation of the administrative offices, and the consideration of propositions submitted by the executive. Upon it, likewise, was conferred exclusive power to impeach ministers and councillors of state. The right to initiate measures in general was vested in each of the two houses, as well as in the Government. Ministers were privileged to attend legislative sessions and to participate in debate. It was required that the sovereign should give or refuse his approval of every measure within a month after it should have been presented to him.[880] 704. The Judiciary and Local Government.—The judicial hierarchy consisted of 193 courts of first instance, one in each of an equal number of comarcas, or districts; three courts of appeal, sitting at Lisbon, Oporto, and Ponta Delgada (in the Azores); and a Supreme Court at Lisbon. Judges were appointed by the crown, and were irremovable save in consequence of judicial sentence. In the trial of criminal cases the English jury system was in vogue, although it operated but indifferently. The functions of the Supreme Court were those of hearing appeals from the inferior tribunals, trying cases involving judges of the appellate courts and members of the diplomatic corps, and deciding conflicts of jurisdiction.[881] Early in the nineteenth century continental Portugal was divided for administrative purposes into six provinces, delimited in a large measure in accordance with the physical configuration of the country. In 1836 the province ceased to be an administrative unit and, after a period of readjustment, there was established by law of March 18, 1842, an administrative hierarchy which in its more important aspects has survived to the present day. Under that measure the realm was divided into 21 districts (17 continental and 4 insular), 292 concelhos, or communes (263 continental and 29 insular), and 3,690 freguezias, or parishes (3,788 continental and 172 insular). Until 1910 the government of the district was vested in a commission consisting of two members appointed by the central authorities and three elected triennially by delegates from the communal councils. Of the two centrally appointed members, one, the governor, presided over the commission; the other was an administrative auditor. Among the functions of the commission was that of sitting as an administrative court. The commune was governed by a mayor, appointed by the central authorities on nomination of the governor of the district, and a council of five to fifteen members elected on a single ticket by the communal voters. The council was presided over, not by the mayor, but by one of its own members. The governing agencies of the parish were an elected council (junta de parochia), presided over by the parish priest, and the regidor, named by the district governor to represent the interests of the central government. Throughout the entire system the preponderating fact was the thoroughgoing centralization which, through the governors, mayors, and regadores, the authorities at Lisbon were able to maintain. III. The Revolution of 1910 705. Political Unsettlement, 1908-1910.—The period of two and a half years which elapsed between the accession of Manoel II., in February, 1908, and his deposition, in October, 1910, was one of continued political stress. The sovereign was youthful, inexperienced, and lacking in political training. His advisers were divided in their counsels and impelled largely by selfish motives, and in the teeth of rapidly spreading republican and socialist propaganda the old dynastic parties kept up unremittingly their unseemly recriminations. In February, 1909, the king called into consultation the leaders of the various monarchist groups and sought to impress upon them the necessity of co-operation, and when the Cortes was convened, March 1, the Speech from the Throne announced optimistically a programme of constructive legislation, embracing, among other things, the enactment of more liberal press laws, a reform of primary education, and a readjustment of taxation. Within the Cortes, however, it was found impossible to carry any one of the measures proposed and, March 29, the Henriquez ministry, after only three months in office, resigned. During the remainder of the year three successive ministries were set up: that of General Sebastiano Telles, which lasted only from April 11 until May 4; that of Wencelao de Lima, extending from May 4 to December 21; and that of Beirao, which continued from December 21 to early June of the following year. The De Lima cabinet was formed from elements which stood largely outside the swirl of party politics, but the Republican and Regenerador opposition was so intense that nothing could be accomplished by it. The Beirao government by which it was succeeded was composed entirely of Progressives. The Speech from the Throne at the convening of the Cortes, January 2, 1910, ignored completely the grim realities of the political situation. Ostensibly to afford the Beirao ministry an opportunity to formulate a programme, the session was adjourned until March 3, at which time the members reassembled, only to be sent back again to their homes until June 1. At the second reassembling the ministry was opposed with such virulence that it at once retired and, after some delay, the Regeneradors came into power under Teixeira de Sousa. The Cortes was dissolved and a national election, accompanied by grave disorders, was held, August 28. At the election the Regeneradors obtained 80 seats, the Progressives 43, the Republicans 14 (twice as many as they had ever obtained before), and the Independents 2.[882] The new Cortes assembled September 23; but two days later it was adjourned until December 12, and, in point of fact, it never sat again. 706. Overthrow of the Monarchy.—During many months a plot had been ripening in Republican circles looking toward the deposition of the king, the overthrow of the monarchy, and the proclamation of a republic. By reason of the confusion and repression which prevailed perennially in Portuguese politics, the actual strength, numerically and otherwise, of republicanism in the kingdom in 1910 cannot be known. But it is sufficiently clear that the propaganda of the past thirty years had borne much fruit and that among the artisan, trader, and small burgher classes, and especially in the ranks of the army and the navy, the enemies of the monarchy had come to be numerous and influential. The leaders of the republican movement represented, on the whole, the best educated and most progressive elements of the country—largely lawyers, physicians, journalists and other men of the professions and of business. In the later summer of 1910 various intimations of a far-reaching revolutionary plot were received by the Government and the date (September 14) which was at one time fixed for the insurrection proved an impracticable one because the authorities became aware of the project and subverted the republican plans by ordering the warships on that day to quit the Tagus. Within official circles it was generally assumed that the revolutionists, balked once, would return to the project. The crash came, however, at a moment when the Government was entirely off its guard, and its effects were unexpectedly summary. The immediate incident by which it was precipitated was the assassination in Lisbon, October 3, of a distinguished Republican member of the Cortes, Dr. Miguel Bombarda. Whether justly or not, the assassination was interpreted by the populace as a political crime, and to the disaffected elements of the army and navy the occasion seemed ripe for the execution of the contemplated coup. October 4 open revolt broke out among the national troops, and during the ensuing forty-eight hours a handful of soldiers and sailors, aided by armed civilians, acquired the mastery of the capital, put the king to flight, won over the country to their cause, and proclaimed the establishment of a republican form of government. The revolutionists were organized, the royalists were not, and the defeat of the latter was complete. It was also substantially bloodless. King Manoel, and the queen-mother Amelia, contriving an escape from the royal palace, made their way to Eraceira, and thence to Gibraltar. Subsequently they were conveyed to England. 707. Measures of the Provisional Government.—Meanwhile, October 5, there was established at Lisbon a provisional government composed of nine ministers and presided over by the scholar and litterateur, Theophile Braga. The members of this government were drawn principally from the group of Republican deputies representing the Lisbon constituencies. A few had held high office under the monarchy, but most of them, including Braga, were men of little or no experience in administrative work. The flight of the king and the collapse of the monarchist cause cleared the way for a speedy establishment of the new order, and without awaiting a formal remodelling of the constitution, the Braga government proceeded to carry into execution a number of features of the Republican programme. October 7 it promised amnesty to political and press exiles, the revocation of various illiberal press and judicial laws, the suppression of summary magisterial powers, and a long list of other administrative and judicial reforms. October 18 it abolished the monarchy and proscribed forever the royal house of Braganza. On the same day it abolished likewise the Council of State and the House of Peers, together with all hereditary titles and privileges. In the course of further measures of reform relating to public finance, agriculture, education, religion, and social welfare, it issued a new electoral law and effected arrangements for the convening of a national assembly to which should be committed the task of framing a republican constitution. The electoral decree of March 15, 1911, conferred the franchise upon all Portuguese citizens of the age of twenty-one who under the monarchy were entitled to its exercise, and upon all, in addition, who were able to read and write, barring soldiers, bankrupts, and ex-convicts. The two cities, Lisbon, and Oporto, were created electoral districts in each of which eight members were to be chosen by scrutin de liste after the Belgian, or d'Hondt, plan of proportional representation, and the remainder of the country (including the colonies) was divided into districts in each of which four members were to be chosen, also with provision for the representation of minorities. 708. The Constitution Framed and the Government Organized.—The elections to the Constituent Assembly took place May 28, 1911. There were no monarchist candidates and, there having been neither time nor occasion for the appearance of serious differences among the Republicans, the event was attended by little excitement and by no disorder. In many districts the candidates approved by the Provisional Government were unopposed. The Assembly was convened June 19. By unanimous vote of its 192 members the decree by which the monarchy had been abolished and the Braganza dynasty banished was enacted into law, whereupon the body addressed itself to the framing of a budget and the adoption of organic laws relating to the nature and manner of exercise of the political powers of the republic. A draft of the constitution, framed by the Republican leaders, was read to the delegates July 3, and August 18 it was voted, amid general acclamations, almost without modification. The presidential election was fixed for August 23. Of the two principal candidates, Dr. Manoel Arriaga represented the more moderate wing of the Republican element, Dr. Machado Santos (the provisional president) the more radical. Dr. Arriaga was elected by a vote of 121 to 86. August 24 the Assembly terminated its proceedings and the new constitution was put in operation. The first cabinet, presided over by JoÃo Chagas, was announced at the beginning of September. It was at this point that France, Spain, and a number of other European powers for the first time recognized officially the republic's existence. The difficulties encountered by the new rÉgime—royalist invasions, outbreaks of disaffection, strikes, lack of funds—were numerous. Not the least serious was the inevitable rise of differences among the Republicans themselves. During the autumn of 1911 the Moderates split into two rival groups, and the more important of them, led by Dr. Almeida, definitely withdrew its support from the Government. The result was a ministerial crisis, and November 7 the Chagas cabinet resigned. The new "ministry of concentration" formed by the radical Vasconcellos was composed of eight members divided almost equally between the Moderates and the Democrats. In more recent days the lines of party cleavage have tended to be accentuated and the stability, if not the existence, of the republic to be increasingly menaced. In June, 1912, a new ministry was constituted under Leite, in which all of the groups in the lower chamber were represented. There is reason to apprehend that, in the event of the survival of the republic, the outcome will be at best but the resuscitation, under other names and forms, of the long-endured rotativist rÉgime. IV. The Constitution of 1911 709. Constitutional Guarantees: Amendment.—Aside from five articles of a temporary nature, the constitution of 1911 is arranged in eighty-two articles, grouped in seven "titles" or divisions. The two divisions of principal length are those which relate to the rights and liberties of the individual and the organs and exercise of sovereign power. The guarantees extended the individual comprise a bill of rights hardly paralleled in comprehensiveness among the constitutions of European nations. To Portuguese citizens and to aliens resident in the country are pledged full liberty of conscience, freedom of speech, freedom of the press, liberty of association, inviolability of domicile and of property, the privilege of the writ of habeas corpus, privacy of correspondence, and freedom of employment and of trade save only when restriction is required for the public good. Law is declared to be uniform for all and no public privilege may be enjoyed by reason of birth or title. No one may be required to pay a tax which has not been levied by the legislative chambers or by an administrative authority specifically qualified by law, and, save in case of enumerated offenses of serious import, no one may be imprisoned except upon accusation according to the forms of law. No one may be compelled to perform an act, or to refrain from the performance of an act, except by warrant of law. The constitution is subject to amendment under regulations of a somewhat curious character. Revision of the fundamental law may be undertaken normally by Congress at the end of every decennial period, the Congress whose mandate coincides with the period of revision being endowed automatically with constituent powers and the process of revision differing in no respect from that of ordinary legislation. At the end of a five-year period from the date of promulgation, however, amendment may be undertaken, providing two-thirds of the members of the chambers sitting jointly vote favorably. Under all circumstances amendments must be specific rather than general, and in no case may an amendment be received or debated which has for its object the abolition of the republican form of government. 710. The President and the Ministry.—Sovereignty is lodged in the nation, and the organs of the sovereign will are the independent but supposedly harmonious executive, legislative, and judicial authorities. The powers of the executive are exercised by the President and the ministers. The President is chosen by the two houses of Congress assembled in joint session sixty days prior to the expiration of the presidential term. Voting is by secret ballot and a two-thirds majority is required for election, although in default of such a majority choice is made on the third ballot by simple plurality between the two candidates receiving the largest number of votes. If the office falls vacant unexpectedly the chambers choose in the same manner a president to complete the unexpired term. The term is four years, and after retiring from office an ex-president may not be re-elected for a full term prior to the lapse of four more years. Only native Portuguese citizens at least thirty-five years of age are eligible. Without the permission of Congress the President may not absent himself from the national territory, and he may be removed from office by the vote of two-thirds of the members of the chambers sitting jointly. The duties of the President are, among other things, to negotiate treaties and to represent the nation in its external relations generally, to appoint and dismiss the ministers and public officials, to summon the Congress in extraordinary session, to promulgate the laws of Congress, together with the instructions and regulations necessary for their enforcement, and to remit and commute penalties. If two-thirds of the members of the chambers so request, projected treaties of alliance must be laid before Congress, and the appointment and suspension of public officials may be effected only on proposal of the ministers. Every act of the President must be countersigned by at least one minister, and every minister is responsible politically and legally for all acts which he countersigns or executes. One member of the ministerial group, designated by the President, exercises the functions of premier. Ministers may be members of Congress, and in any case they are privileged to appear in the chambers to defend their acts. Among offenses for which ministers may be held to account in the ordinary tribunals the constitution specifies all acts which tend to subvert the independence of the nation, the inviolability of the constitution and of the republican form of government, the political and legal rights of the individual, the internal peace of the country, or the probity of administrative procedure. The penalty imposed for guilt in respect to any of these offenses is removal from office and disqualification to hold office thereafter.[883] 711. Congress.—The exercise of legislative power is vested exclusively in Congress. There are two houses, the Council of Municipalities, or senate, and the National Council, or chamber of deputies. The members of both are chosen by direct vote of the people. Senators are elected for six years, one-half of the body retiring triennially. Each district returns three members, but to assure the representation of minorities electors are permitted to vote for but two. Members of the Chamber of Deputies are chosen for three years. Senators must be at least thirty-five years of age and deputies twenty-five. Congress is required to meet in regular session each year on the second day of December. The period of a session is four months, and a prorogation or an adjournment may be ordered only by the chambers themselves. Extraordinary sessions may be convoked by one-fourth of the members or by the President. Each chamber is authorized to judge the qualifications of its members, to choose its president and other officers, and to fix its rules of procedure. The presiding official at joint sessions is the elder of the two presidents. Members are accorded the usual privileges of speech and immunities from judicial process, and they are guaranteed compensation at rates to be regulated by law. The functions and powers of the chambers are enumerated in much detail. Most important among them is the enactment, interpretation, suspension, and abrogation of all laws of the republic. Still more comprehensive is the power to supervise the operation of the constitution and of the laws and "to promote the general welfare of the nation." More specifically, the chambers are authorized to levy taxes, vote expenditures, contract loans, provide for the national defense, create public offices, fix salaries, regulate tariffs, coin money, establish standards of weights and measures, emit bills of credit, organize the judiciary, control the administration of national property, approve regulations devised for the enforcement of the laws, and elect the President of the republic. To the Chamber of Deputies is accorded the right to initiate all measures relating to taxes, the organization of the forces on land and on sea, the revision of the constitution, the prorogation or adjournment of legislative sessions, the discussion of proposals made by the President, and the bringing of actions against members of the executive department. Initiative in respect to all other matters may be taken by any member of either branch of Congress or by the President of the republic. A measure which is adopted by a majority vote in each of the two houses is transmitted to the President to be promulgated as law. The President possesses not a shred of veto power. He is required to promulgate within fifteen days any measure duly enacted; if he fails to do so, the measure takes effect none the less. When the chambers fall into disagreement regarding proposed changes in a bill, or when one chamber rejects a bill outright, the subject is debated and a decision is reached in joint session. 712. The Judiciary and Local Government.—The organs of judicial administration comprise courts of first instance, courts of appeal, and a supreme tribunal sitting at the capital. Judges are appointed for life, but may be removed from office in accordance with procedure to be established by law. The employment of the jury is optional with the parties in civil cases but obligatory in all criminal cases of serious import. With respect to local government the constitution goes no further than to lay down certain general principles and to enjoin that the actual working arrangements be regulated by subsequent legislation. Among the principles enumerated are the immunity of the local authorities from intervention on the part of the central executive power, the revision of the acts of the public officials in administrative tribunals, the fiscal independence of the local governmental units, and, finally, the employment for local purposes of both proportional representation and the referendum.[884] tree	88
Cuckoo raiding a tent of caterpillars	111
Screech owl and its prey	115
Passenger Pigeons are now extinct	127
The Great Auk, now extinct	133
Terns, formerly sought by the feather trade	144
Crowned Pigeon that furnishes the "goura" of the feather trade	159
Migrative birds are protected by the Government	172
The grotesque Wood Ibis	208
Hungry young Egrets	210
Cemented holes shut out the Chickadee	216
Gourds and boxes for Martins	219
A bird bath	235
Coloring of birds upon outline drawings	257

THE BIRD STUDY BOOK

CHAPTER I

FIRST ACQUAINTANCE WITH THE BIRDS

It is in spring that wild birds make their strongest appeal to the human mind; in fact, the words "birds" and "spring" seem almost synonymous, so accustomed are we to associate one with the other. All the wild riotous singing, all the brave flashing of wings and tail, all the mad dashing in and out among the thickets or soaring upward above the tree-tops, are impelled by the perfectly natural instinct of mating and rearing young. And where, pray, dwells the soul so poor that it does not thrill in response to the appeals of the ardent lover, even if it be a bird, or feel sympathy upon beholding expressions of parental love and solicitude. Most people, therefore, are interested in such spring bird life as comes to their notice, the extent of this interest depending in part on their opportunity for observation, but more especially, perhaps, on their individual taste and liking for things out of doors.

It would seem safe to assume that there is hardly any one who does not know by sight at least a few birds. Nearly every one in the eastern United States and Canada knows the Robin, Crow, and English Sparrow; in the South most people are acquainted with the Mockingbird and Turkey Buzzard; in California the House Finch is abundant about the towns and cities; and to the dwellers in the Prairie States the Meadowlark is very familiar.

Taking such knowledge, however slight, as a basis, there is no reason why any one, if he so desires, should not, with a little effort, get on neighbourly terms with a large number of birds of the region, and spring is a most favourable time to begin such an effort. One may learn more about a bird's habits by closely observing its movements for a few hours at this season than by watching it for a month later on. The life that centres about the nest is most absorbing. Few sights are more stimulating to interest in outdoor life than spying on a pair of wild birds engaged in nest building. Nest hunting, therefore, soon becomes a part of the bird student's occupation, and I heartily recommend such a course to beginners, provided great care is exercised not to injure the nests and their contents.

Caution in Nest Hunting.—A thoughtful person will, of course, be careful in approaching a wild bird's nest, otherwise much mischief may be done in a very short time. I have known "dainty eggs" and "darling baby-birds" to be literally visited to death by well-meaning people, with the best of intentions. The parents become discouraged by constantly recurring alarms and desert the nest, or a cat will follow the path made through the weeds and leave nothing in the nest worth observing. Even the bending of limbs, or the pushing aside of leaves, will produce a change in the surroundings, which, however slight, may be sufficient to draw the attention of some feathered enemy.

When one stumbles on the nest of a Quail, Meadowlark, or Oven-bird, it is well not to approach it closely, because all over the country many night-prowling animals have the habit of following by scent the footsteps of any one who has lately gone along through the woods or across the fields. One afternoon by the rarest chance I found three Quails' nests containing eggs. The next morning I took out a friend to share the pleasure of my discoveries. We found every nest destroyed and the eggs eaten. My trail the evening before lay through cultivated fields, and it was thus easy for us to find in the soft ground the tracks of the fox or small dog that, during the night, had followed the trail with calamitous results to the birds. When finding the nests I had made the mistake of going to within a few inches of them. Had I stopped six feet away the despoiler that followed probably never would have known there was a nest near, for unless a dog approaches within a very few feet of a brooding Quail it seems not to possess the power of smelling it.

Going Afield.—It is rarely necessary to go far afield to begin the study of birds. Often one may get good views of birds from one's open window, as many species build their nests close to the house when the surroundings are favourable. Last spring I counted eighteen kinds of birds one morning while sitting on the veranda of a friend's house, and later found the nests of no less than seven of them within sight of the house. When one starts out to hunt birds it is well to bear in mind a few simple rules. The first of these is to go quietly. One's good sense would of course tell him not to rush headlong through the woods, talking loudly to a companion, stepping upon brittle twigs, and crashing through the underbrush. Go quietly, stopping to listen every few steps. Make no violent motions, as such actions often frighten a bird more than a noise. Do not wear brightly coloured clothing, but garments of neutral tones which blend well with the surroundings of field and wood. It is a good idea to sit silently for a time on some log or stump, and soon the birds will come about you, for they seldom notice a person who is motionless. A great aid to field study is a good Field Glass. A glass enables one to see the colours of small birds hopping about the shrubbery, or moving through the branches of trees. With its aid one may learn much of their movements, and even observe the kind of food they consume. A very serviceable glass may be secured at a price varying from five to ten dollars. The National Association of Audubon Societies, New York City, sells a popular one for five dollars. If you choose a more expensive, high-powered binocular, it will be found of greater advantage when watching birds at a distance, as on a lake or at the seashore.

Notebooks.—The bird student should early acquire the custom of making notes on such subjects as are of special interest. In listening to the song or call of some unknown bird, the notes can usually be written down in characters of human speech so that they may be recalled later with sufficient accuracy to identify the singer. It is well to keep a list of the species observed when on a trip. For many years in my field excursions I have kept careful lists of the birds seen and identified, and have found these notes to be of subsequent use and pleasure. In college and summer-school work I have always insisted on pupils cultivating the notebook habit, and results have well justified this course.

In making notes on a bird that you do not know it is well to state the size by comparing it with some bird you know, as, for example, "smaller than an English Sparrow," "about the size of a Robin," and so on. Try to determine the true colours of the birds and record these. Also note the shape and approximate length of the bill. This, for example, may be short and conical like a Canary's, awl-shaped like the bill of a Warbler, or very long and slender like that of a Snipe. By failing to observe these simple rules the learner may be in despair when he tries to find out the name of his strange bird by examining a bird book, or may cause some kindly friend an equal amount of annoyance.

As a further aid to subsequent identification it is well to record the place where the bird was seen, for example: "hopping up the side of a tree," "wading in a marsh," "circling about in the air," or "feeding on dandelions." Such secondary information, while often a valuable aid to identification, would in itself hardly be sufficient to enable an ornithologist to render the service desired.

That a young correspondent of mine entertained a contrary view was evident from a letter I received a few weeks ago from an inexperienced boy enthusiast, who was a member of a newly formed nature-study class. Here is the exact wording of the communication: "Dear Sir: 10 A. M. Wind East. Cloudy. Small bird seen on ground in orchard. Please name. P. S. All the leaves have fallen."

Reporting Blanks.—A convenient booklet of reporting blanks and directions for using them is issued by the National Association of Audubon Societies, New York City. This is very useful in recording descriptions of birds. (See sample, page 13.) The blanks may be sent to the office of the National Association and the species described will be named.

Bird Books.—There are a number of inexpensive books which contain illustrations of birds in natural colours. One of these will be of the greatest aid to the beginner in bird study. Among the most useful are the Reed's, "Bird Guides," one covering the birds of the eastern and the other those of the western part of the United States. The pictures alone will be of great use in learning the names of feathered neighbours, while an intelligent study of the text will reveal the identity of many others.

Local lists of such birds as are found in a neighbourhood, or a county, are always a great aid in determining, with a fair degree of accuracy, just what species may or may not be expected to appear in a given locality. Such lists are usually first published in The Auk, The Condor, or other ornithological publications, and in many cases are printed and distributed later as separate pamphlets.

There have been published also many State lists of birds, usually accompanied by detailed information regarding abundance and distribution of all the species known to occur in the State. Every bird student should, if possible, get a copy of his own State bird book. Any reader who may wish to learn if such a list of the birds of his neighbourhood or State has been published is at liberty to address the question to the author of this book.

Movements of Birds.—One does not get very far in the work of bird study without discovering that certain movements are characteristic of various families; and when the observer is able to recognize this difference in manner a long step has been taken in acquiring the power of identifying species.

After watching for a time the actions of a Downy Woodpecker as it clings to the side of a tree, or hops along its bark, one is quick to recognize the Woodpecker manner when some other species of that family is encountered. Recalling the ceaseless activities of a Yellow Warbler the observer feels, without quite knowing why, that he has discovered another Warbler of some kind when a Redstart or Chestnut-sided Warbler appears. Once identify a Barn Swallow coursing through the air, and a long stride is made toward the identification of the Cliff or Tree Swallow when one swings into view. The flight of the Flicker, the Goldfinch, the Nighthawk, and the Sparrow Hawk, is so characteristic in each case that I have often been able to name the bird for a student upon being told its approximate size and the character of its flight. Who can see a Wild Duck swimming, or a Gull flying, without at once referring it to the group of birds to which it belongs? Thus the first step is taken toward learning the names of the species, and the grouping of them into families.

Artificial Cover in Hiding.—When studying the larger or the shyer species it is sometimes well to hide one's self from view with whatever articles are at hand that resemble the natural surroundings. This may be done by covering with hay if in a field, or by holding some leafy branches about you if in the woods.

On a lonely island in Pamlico Sound I once got some fishermen to cover me with sand and sea-shells, and in that way managed to get a close view of the large flocks of Cormorants that came there to roost every night. The island was small and perfectly barren, and any other method of attempted concealment would have failed utterly.

Another time, while crouched among some boulders watching for a flock of Gambel's Quails to come to a water-hole in the Santa Catalina Mountains of Arizona, a Canyon Wren alighted on my back, for I was covered with an old tent fly so spotted with mildew that it closely resembled the neighbouring rocks. A moment later it flew to a point scarcely more than a foot from my face, when, after one terrified look, it departed.

The Umbrella Blind.—A device now often used by ornithologists is the umbrella blind, which is easy to construct. Take a stout umbrella, remove the handle, and insert the end in a hollow brass rod five feet long. Sharpen the rod at the other end and thrust it into the ground. Over the raised umbrella throw a dark green cloth cut and sewed so as to make a curtain that will reach the ground all round. A draw-string will make it fit over the top. Get inside, cut a few vertical observation slits six inches long, and your work is done. Erect this within ten feet of a nest, and leave it alone for a few hours. The birds will quickly get accustomed to it so that later you may go inside and watch at close range without disturbing them in the least. This blind is often used for close bird photography. I have taken pictures of Herring Gulls at a distance of only six feet with the aid of such a blind. If you wish to use it on a windy day it may be stayed by a few guy-lines from the top and sides.

The foregoing instructions include all the necessary aids to a beginner in bird study who desires to start afield properly equipped. To summarize them, all that is really necessary is a field glass, a notebook for memoranda, inconspicuous clothing, and a desire to listen and learn.

In the next chapter we shall discuss some of the things to be learned in the study of the life about the nest.

NOTE.—The following publications will be found of great aid to the student in identifying wild birds:

"Handbook of Birds of Eastern North America," by Frank M. Chapman, published by D. Appleton Or Company, price $3.65, postpaid.

"Handbook of Birds of Western United States," by Florence Merriam Bailey, published by Houghton, Mifflin Company, price $3.68, postpaid.

"Water and Game Birds: Birds of Prey" and "Land Birds East of the Rockies: From Parrots to Blue Birds," by Chester A. Reed, published by Doubleday, Page & Company, price of each in sock cloth, $1.10, postpaid; inflexible leather, $1.35, postpaid.

Educational Leaflets, published by the National Association of Audubon Societies, New York City, a series of nearly one hundred, price 2 cents each.

CHAPTER II

THE LIFE ABOUT THE NEST

In view of the fact that birds display much activity about their nests there is a great advantage in studying the nesting bird. Once locate an occupied nest, and by quietly watching for a time, your field glass and bird guide will usually enable you to learn the owner's name. If you do not know where any nest is to be found go out and hunt for one. This in itself will be an exciting sport, although it should be pursued with good judgment. Children unattended should not be permitted to hunt nests in spring. A very excellent way to find one is to keep a sharp watch upon birds at the time when they are engaged in nest building.

Nest Hunting.—By noticing every bird suspected of being interested in domestic affairs, you are pretty sure to see one before long with grass, twigs, rootlets, or something of the kind in its bill. Now watch closely, for you are in a fair way to discover a nest. The bird may not go directly to the spot. If it suspects it is being watched it may hop from twig to twig and from bush to bush for many minutes before revealing its secret, and if it becomes very apprehensive it may even drop its burden and begin a search for insects with the air of one who had never even dreamed of building a nest. Even when unsuspicious it will not always go directly to the nest. From an outhouse I once watched a Blue Jay, with a twig, change its perch more than thirty times before going to the fork where its nest was being built.

Sometimes a bird may be induced to reveal its secret by placing in its sight tempting nesting material. By this means Mrs. Pearson last summer found a Redstart's nest. Discovering a female industriously hopping about near the camp, and suspecting what it was seeking, she dropped some ravellings of a white cotton string from the veranda railing, letting them fall where the bird could see them. These proved most acceptable, and the Redstart immediately appropriated them, one at a time, with the result that she soon betrayed her nest.

Early morning is the best time of the day to find birds working at their nests, for then they are most active. Perhaps a reason for this is that the broken twigs, leaves, and dead grasses, wet with the dews of night, are more pliable, and consequently more easily woven into place.

For nesting sites birds as a rule prefer the open country. Rolling meadowlands, with orchards, thickets, and occasional streams, are ideal places for birds in spring.

Number and Colour of Eggs.—The full complement of eggs laid by a bird is known as a set or clutch. The number varies greatly with different species. The Leach's Petrel, Murre, and some other sea birds, have but one egg. The Turkey Vulture, Mourning Dove, Hummingbird, Whip-poor-will, and Nighthawk lay two. Various Thrushes, such as the Robin, Veery, and Wood Thrush, deposit from three to five, four being the most usual number. Wild Ducks, Turkeys, and Grouse range from eight to a dozen or more; while Quails sometimes lay as many as eighteen.

Eggs are variously coloured, and some are so marked that the blending of their colours with those of their surroundings renders them inconspicuous. Thus those of the Killdeer, Sandpiper, and Nighthawk, for example, are not easily distinguished from the ground on which they lie.

Many eggs that are laid in holes or other dark places are white without markings of any kind, as illustrated by those of the Chimney Swift, Belted Kingfisher, and all Woodpeckers. In such instances Nature shows no disposition to be lavish with her colouring matter where it is not needed.

Behaviour When Nest Is Discovered.—After the young are hatched it is even easier to find nests by watching the parents. The nestlings are hungry at all hours, and the old ones are visiting the nest at frequent intervals throughout the day. Birds behave very differently when their nests are discovered. A Cuckoo will glide away instantly and will make no effort to dispute your possession of her treasures. A Crow will also fly off, and so will a Wild Duck and some others. On the other hand, the Mockingbird, Robin, or Shrike, will raise a great outcry and bring about her half the birds of the neighbourhood to pour out on you their vials of wrath, unless you have the good judgment to retire at once to a respectful distance. Warblers will flit from bush to bush uttering cries of distress and showing their uneasiness. The Mourning Dove, Nighthawk, and many others will feign lameness and seek to lead you away in a vain pursuit. A still larger number will employ the same means of deception after the young have been hatched, as, for example, the Quail, Killdeer, Sandpiper, and Grouse.

However much a bird may resent your intrusion on the privacy of its sanctuary, it is very rare for one to attack you. I remember, however, a boy who once had the bad manners to put his hand into a Cardinal's nest and had a finger well bitten for his misdeed. Beware, too, of trying to caress a Screech Owl sitting on its eggs in a hollow tree; its claws are very sharp, and you will need first-aid attention if you persist. Occasionally some bird will let you stroke its back before deserting its eggs, and may even let you take its photograph while you are thus engaged. On one occasion I removed a Turkey Vulture's egg from beneath the sitting bird. It merely hissed feebly as I approached, and a moment later humbly laid at my feet a portion of the carrion which it had eaten a short time before—a well-meant but not wholly appreciated peace-offering.

Lessons to Be Learned.—An infinite variety of interesting things may be learned by watching birds at their nests, or by a study of the nests themselves. How many persons have ever tried to answer seriously the old conundrum: "How many straws go to make a bird's nest?" Let us examine critically one nest and see what we find. One spring after a red squirrel had destroyed the three eggs in a Veery's nest which I had had under observation, I determined to study carefully its composition, knowing the birds would not want to make use of it again. The nest rested among the top limbs of a little brush-pile and was just two feet above the ground. Some young shoots had grown up through the brush and their leaves partly covered the nest from view. It had an extreme breadth of ten inches and was five inches high. The inner cup was two and one-half inches deep, and measured the same across the top. In its construction two small weed stalks and eleven slender twigs were used. The latter were from four and one-half to eight inches long. The main bulk of the nest was made up of sixty-eight large leaves, besides a mass of decayed leaf fragments. Inside this bed was the inner nest, composed of strips of soft bark. Assembling this latter material I found that when compressed with the hands its bulk was about the size of a baseball. Among the decaying leaves near the base of the nest three beetles and a small snail had found a home.

The Veery, in common with a large number of other birds, builds a nest open at the top. The eggs, therefore, are often more or less exposed to the Crow, the pilfering Jay, and the egg-stealing red squirrel. This necessitates a very close and careful watch on the part of the owners. At times it may seem that the birds are not in sight, and that the eggs are deserted; but let the observer go too near, and invariably one or both old birds will let him know of their presence by voicing their resentment and sending abroad their cries of distress.

Character of Material Used.—A wide variety of material is used by birds that build open nests. Cotton and feathers enter largely into the composition of the lining of a Shrike's nest. In Florida the Mockingbird shows a decided preference for the withered leaves and stems of life-everlasting, better known as the plant that produces "rabbit tobacco." The nest of the Summer Tanager is made almost entirely of grasses, the outer half being green, freshly plucked blades that contrast strikingly with the brown inner layer with which the nest is lined. Many of the Thrushes make use of large flat leaves, and also of rags and pieces of paper. Robins stiffen their nests by making in them a substantial cup of mud, which, when dry, adds greatly to the solidity of the structure. On the island of Cape Hatteras there are many sheep, and many Prairie Warblers of the region make their nests entirely of wool.

The most dainty structure built, in this country, by the bill and feet of birds, is the nest made by the Ruby-throated Hummingbird. When completed it is scarcely larger than an English walnut, and is saddled on a small horizontal limb of a tree, often many feet from the ground. It is composed almost entirely of soft plant fibres, fragments of spiders' webs sometimes being used to hold them in shape. The outer sides are thickly studded with bits of lichen, and practised, indeed, is the eye of the man or woman that can distinguish it from a knot on a limb. Although the Hummingbird's nest is exceedingly frail, there is nothing on record to show that any great number of them come to grief during the summer rains. It is, however, not called upon for a long term of occupation. Within a month after the two white eggs are laid the young depart on their tiny pinions. Young birds that require a longer period for growth before leaving the nest are furnished usually with more enduring abiding places. In the case of the Bald Eagle, the young of which do not fly until they are many weeks old, a most substantial structure is provided.

It was on the twentieth of January, a number of years ago, that the writer was first delighted by the sight of a Bald Eagle's nest. It was in an enormous pine tree growing in a swamp in central Florida, and being ambitious to examine its contents, I determined to climb to the great eyrie in the topmost crotch of the tree, one hundred and thirty-one feet above the earth. By means of climbing-irons and a rope that passed around the tree and around my body, I slowly ascended, nailing cleats for support as I advanced. After two hours of toil the nest was reached, but another twenty minutes were required to tear aside enough of the structure to permit climbing up one of the limbs on which it rested. In doing this there were brought to view several layers of decayed twigs, pine straw, and fish bones, showing that the birds had been using the nest for many years. Season after season the huge structure had been enlarged by additions until now it was nearly five feet in thickness and about four feet across the top.

At this date it contained two fledglings perhaps three weeks old. Having been led to believe that Eagles were ferocious birds when their nests were approached, it was with feelings of relief that I noticed the parents flying about at long rifle-range. The female, which, as is usual with birds of prey, was the larger of the pair, once or twice swept within twenty yards of my head, but quickly veered off and resumed her former action of beating back and forth over the tree-tops two hundred yards away.

Nests in Holes.—The members of the Woodpecker family, contrary to certain popular beliefs, do not lay their eggs in hollow trees but deposit them in cavities that they excavate for the purpose. The bird student will soon learn just where to look for the nest of each species. Thus you may find the nesting cavity of the Red-headed Woodpecker in a tall stump or dead tree; in some States it is a common bird in towns, and often digs its cavity in a telephone pole. Some years ago a pair excavated a nest and reared their young in a wooden ball on the staff of the dome of the State House in Raleigh, North Carolina.

On the plains, where trees are few, the telegraph poles provide convenient nesting sites for Woodpeckers of various species. While travelling on a slow train through Texas I counted one hundred and fifty telegraph poles in succession, thirty-nine of which contained Woodpeckers' holes. Probably I did not see all of them, for not over two-thirds of the surface of each pole was visible from the car window. Not all of these holes, of course, were occupied by Woodpeckers in any one season.

Flickers, or "Yellowhammers," use dead trees as a rule, but sometimes make use of a living tree by digging the nest out of the dead wood where a knot hole offers a convenient opening. The only place I have ever known them regularly to nest in living trees is in the deserts of Arizona, where the saguaro or "tree cactus" is about the only tree large enough to be employed for such a purpose. In the Northern States Flickers sometimes chisel holes through the weatherboarding of ice-houses and make cavities for their eggs in the tightly packed sawdust within. They have been known also to lay their eggs in nesting boxes put up for their accommodation.

In travelling through the pine barrens of the Southern States one frequently finds grouped about the negroes' cabins and plantation houses the popular chinaberry, or Pride of India tree. Here are the places to look for the nest of the Hairy Woodpecker. In that country, in fact, I have never found a nest of this bird except in the dead, slanting limb of a chinaberry tree.

The member of this family which displays most originality in its nest building is the Red-cockaded Woodpecker. It is a Southern bird, and the abode for its young is always chiselled from a living pitch-pine tree. This, in itself, is very unusual for any of our eastern Woodpeckers. The bird, however, has a still stranger habit. For two or three feet above the entrance hole, and for five or six feet below it, all around the tree, innumerable small openings are dug through to the inner bark. From these little wells pour streams of soft resin that completely cover the bark and give the trunk a white, glistening appearance, which is visible sometimes for a quarter of a mile. Just why they do this has never been explained. It is true, however, that the sticky resin prevents ants and flying squirrels from reaching the nest, and both of these are known to be troublesome to eggs and young birds.

A simple plan, which is usually successful in finding out if a Woodpecker is at home in its nesting hole, is to strike a few sharp blows on the tree with some convenient club or rock. After a little treatment of this kind the bird will often come to the entrance and look down, as if to inquire into the meaning of all the disturbance. If the nest has been newly made many fragments of small chips of wood will be found on the ground beneath the tree.

Variety of Situations.—The student who takes up the subject of nest architecture will soon be impressed not only with the wide assortment of materials used, but also with the wonderful variety of situations chosen.

The Grebe, or "Water Witch," builds one of the most remarkable nests of any American bird. It is a floating raft, the buoyant part of which is the green stems of water plants, not bent over, but severed from their roots and piled across one another. On this platform is collected decaying vegetation gathered from beneath the water. Here the eggs are deposited, and are carefully covered with more decaying vegetation when the bird desires to be absent from the nest.

Variation in Families.—Sometimes there is wide variety in the character of the nests of different species classified as belonging to the same family. The Flycatcher group is a good example of this fact. Here we have as one member of the family the Kingbird, that makes a heavy bulky nest often on one of the upper, outermost limbs of an apple tree. The Wood Pewee's nest is a frail, shallow excuse for a nest, resting securely on a horizontal limb of some well-grown tree. Then there is the Phoebe, that plasters its cup-shaped mass of nesting material with mud, thus securing it to a rafter or other projection beneath a bridge, outbuilding, or porch roof. Still farther away from the typical Flycatcher's nest is that made by a perfectly regular member of the family, the Great-crested Flycatcher. The straw and other substances it collects as a bed for its eggs and young is carried into some hollow tree, old Woodpecker hole, or nesting box. Often a cast-off skin of a snake is used, and sometimes the end is permitted to hang out of the hole—a sort of "scare-crow," perhaps, intended for the notice of annoying neighbours.

Meagre Nests.—Heretofore, mention has been made only of the nests of birds built with much labour and usually constructed in trees or bushes. A very large number of species, however, lay their eggs on the ground with little or no attempt to gather around or beneath them any special nesting material. The Killdeer's eggs are simply deposited in a slight hole scratched in the earth, usually in an open field or on a rocky hillside. The only lining is a few grass blades or smooth pebbles. To protect them from enemies the birds depend much upon the peculiar marking of the eggs, which makes them look like the ground on which they lie, and this seems to be a sufficient safeguard for the eggs and offspring of the species. The Nighthawk lays her two eggs on the bare ground in a field or open woods; and the Whip-poor-will's nest is on the fallen leaves of a thicket at any spot which the bird happens to select.

The Gulls so common along our coast and about the larger lakes make substantial nests, as a rule—but not always. I have found them on the islands along the coast of Maine containing not a dozen blades of grass, a seemingly scant protection against the danger of rolling away to destruction.

On the sandy islands of the Atlantic Coast, from Long Island southward, many species of Terns make nests by simply burrowing a slight depression in the sand among the sea-shells. Some of the sea birds of the far North, as, for example, the Murres and Auks, often lay their eggs on the shelving cliffs exposed to the sweep of the ocean gales. These are shaped as if designed by nature to prevent them rolling off the rocks. They are very large at one end and toward the other taper sharply. When the wind blows they simply swing around in circles.

Although we sometimes speak of the bird's nest as its home, such really is not the case, for the nest of the wild bird is simply the cradle for the young. When the little ones have flown it is seldom that either they or their parents ever return to its shelter.

CHAPTER III

DOMESTIC LIFE OF THE BIRDS

It is a privilege to be so situated that one may watch from day to day the occurrences about a wild bird's nest. Here feathered life reaches its greatest heights of emotion, and comedies and threatened tragedies are of daily occurrence. The people we know best are those whom we have seen at their play and at their work, in moments of elation and doubt, and in times of great happiness and dire distress. And so it is that he who has followed the activities of a pair of birds through all the joys and anxieties of nest building, brooding, and of caring for the young, may well lay claim to a close acquaintanceship with them.

In watching a nest one will learn, for example, that with most of our small birds both parents engage in the pleasant duty of feeding the young, at times shielding the little ones from the hot rays of the sun with their half-extended wings, and now and then driving away intruders. The common passerine birds also attend carefully to the sanitation of the nest and remove the feces, which is inclosed in a membrane and is thus easily carried in the bill. This is usually dropped several yards away. If allowed to accumulate on the ground beneath the nest it might attract the attention of some prowling enemy and lead to a disastrous discovery.

Parental Care of Young.—There is a wide difference in the relative helplessness of nesting birds, and a corresponding difference in the methods of parental care. The young of praecocial birds are able to run or swim with their parents almost as soon as hatched, for they not only have the strength to do this, but their bodies being covered with down they are protected from the sun or cold. Examples of such birds are the Quail, Grouse, Sandpipers, Plovers, and Ducks. The young of these and allied species are able from the beginning to pick up their food, and they quickly learn from the example of their parents what is desirable. Soon they are able to shift for themselves, although one or both of the parents continue to attend them until grown.

With the altricial birds the young are hatched in an absolutely helpless condition, being both blind and naked, and it is necessary that they be fed by the parents, not only while occupying the nest, but also for several weeks afterward. To this group belong most of the small birds we are accustomed to see about the house. When newly born the food they receive is first digested in the crop or the stomach of the parent from which it is regurgitated into the mouth of the young. Flickers, Hummingbirds, Doves, and some others continue to feed their young in this manner, but usually the method soon gives way to that, more commonly observed, of simply supplying soft-bodied insects which have been captured and killed but not eaten.

In the case of Pelicans, Cormorants, and Ibises, the young thrust their bills far down the throats of the parents to procure the regurgitated food. From this custom the ancients may have got the idea that Pelicans feed their young with their own life blood. The suggestion still persists, and on the seal of one of our large life insurance companies of America a Pelican and her young are represented accompanied with the motto: "I live and die for those I love." The great seal of the State of Louisiana uses a similar picture without the motto.

Hawks and Owls tear their prey to pieces and on this the young feed at infrequent intervals. Sometimes several hours pass between the visits of the food-laden parents, but the supply is usually adequate when at length it arrives.

Sharing the Labours.—Most young birds, however, are fed with great frequency. For more than an hour one day the writer watched a pair of Georgia Mockingbirds feeding their young. The one that appeared to be the female visited the nest with food on an average once every two minutes, and the male made a similar trip about once in twelve minutes. He could have done better had he not spent so much time flying aimlessly about and scolding imaginary enemies.

Some birds have what seem to be very curious habits at the nesting time. The jealous-hearted Hornbill of the Old World never trusts his spouse to wander away from the nest after her duties there once begin. In order that he may always know just where she is he quite willingly undertakes to supply her with all her food during the days while the incubation of the eggs is going forward. With mud he daubs up the entrance to the hollow in the tree where she is sitting, leaving only a small opening through which food may be passed. When the mud has dried it becomes very hard and the patient mate is an absolute prisoner until the day comes when she passes the word to her lord that the eggs have hatched, and he sets her free.

In our own western country there dwells a bird known as the Phalarope, the females of which enjoy an immunity from domestic duties that might cause the lady Hornbill many an envious sigh did she know of the freedom of her American sister.

Mrs. Phalarope has no intention of being shut in with her eggs for a month while her mate goes roaming at large about the country, nor has she any idea of playing the part of the Georgia Mockingbird and bringing five-sixths of the food which the young require. Her method of procedure is first to permit her mate to search for a suitable nesting site. When some sheltered spot in the ground, quite to her liking, has been found she deposits the eggs and goes her way. Little companies of female Phalaropes may be seen at this time of the year frequenting the ponds and sloughs they inhabit. The dutiful and well-trained males are all at home, where they are responsible for the entire task of caring for, and incubating, the eggs.

Length of Mated Life.—The length of time which birds remain mated is a question often asked but seldom answered satisfactorily. The truth of the matter is that not much is known about the subject. Apparently a great many birds return to the same yard and even to the same tree to build their nest year after year. I say apparently because such birds are seldom marked in such a way as to enable one to be positive that they are the identical individuals which came the year before. It is probably somewhere near the truth to say that most small birds usually choose the same mates year after year if both survive the dangers of winter and in spring meet again on their old trysting grounds. It is safe to assert that as a rule birds retain the same mates throughout the breeding season if misfortune does not befall one of them. During the fall and winter months, when the impulses governing domestic duties are dormant, birds pay little or no attention to their mates.

A Much-married Bluebird.—One spring a pair of Bluebirds came into our yard, and to the accompaniment of much cheerful bird conversation, in the form of whistles, twitters, chirps, and snatches of song, began hunting eagerly for some place to locate a nest. Out in the woodshed I found a box, perhaps six inches square and twice as long. Cutting a small entrance hole on one side, I fastened the box seven or eight feet from the ground on the side of a young tree. The newcomers immediately took possession and began carrying dry grasses into their adopted sanctuary. Several days elapsed and then one morning, while standing on the back of a garden settee and peeping into the hole, I discovered that a pale-blue egg had been laid. When the nest contained four of these little beauties incubation began.

One rainy night while the mother bird was on duty she must have heard the scratching of claws on the box outside. A moment later two yellow eyes blazed at the entrance and a long arm reached into the nest. The next morning on the grass beneath the window we found her wing tips and many other fragments of her plumage. All that day the distressed mate flew about the lawn and called continually. He seemed to gather but little food and the evidence of his suffering was pitiful. In fact, he stirred our feelings to such a pitch we at length closed the windows to shut out the sounds of his mournful calls.

Upon looking out next morning, the first note we heard was that of a Bluebird, but his voice seemed to have lost some of its sorrow. Walking around the corner of the house, I found him sitting on a limb near the box. Two feet from him sat another Bluebird—a female. At eleven o'clock we saw her clinging to the side of the box and looking inquiringly into the entrance hole. We knew what this meant; incidentally we knew, too, that being a ladybird she would have no use for the nest and eggs that had been placed there by another, so I cleaned out the box.

We were anxious that the cat should have no chance to destroy our little friend's second wife, so the box was suspended from a limb by a wire over two feet in length. Five eggs were laid and the mother bird began sitting. Then one night the cat found out what was happening. How she ever succeeded in her undertaking, I know not. She must have started by climbing the tree and creeping out on the limb. I have never seen a cat slide down a wire; nevertheless the next morning the box was tenantless and the feathers of the second female were scattered over the lawn. This time the Bluebird's heart seemed really broken and his cries of lamentation filled the grove. Eleven days now passed before a third soul-mate came to share his fortunes. We could afford to take no more risks. On a sunny hillside in the garden the cat was buried, and a few weeks later four little Bluebirds left the lawn on their own wings.

The Faithful Canada Geese.—Along the Atlantic Coast, where the shooting of wildfowl is an important industry with many people, the raising of Canada Geese is a common custom. Not only do these great birds serve as food, but they play the part of decoys when their owners go ahunting. They are genuine Wild Geese, some of them having been wounded and captured from the great flocks which frequent these waters during the colder months of the year. They retain their wild characteristics with great tenacity and it is necessary to keep them pinioned to prevent their flying away to the North when in spring the spirit of migration calls aloud to all the bird world.

The conduct of these decoys indicates that the losing of a mate is a much more serious matter among them than with the Bluebird and others of our small feathered friends. When a gander has chosen his goose and she has accepted his advances, the pair remain constantly together, summer and winter, as long as they live. If one is killed, many years may elapse before the survivor selects another companion.

In Currituck County, North Carolina, there was not long ago a gander that local tradition said was sixty-two years of age. The first thirty years of his life he remained unmated and for the last thirty-two he has been the proud possessor of a mate from whose side he has never strayed.

These Geese do not mate readily, and a man who has a company of thirty or forty may well be satisfied if six or eight pairs of them are mated. The truth of this statement is proved by the fact that on the local market a single Goose is worth about one dollar, while a pair of mated Geese will readily bring five dollars.

Unmated Birds.—A little reflection will make the student realize the fact that out in the fields and woods, in the swamps and on the mountains, on the beaches, as well as far away on the ocean, there are many birds that are not mated. Among them are widows and widowers, heartfree spinsters and pining bachelors. Just what per cent. of the bird life is unmated in any one season it would, of course, be impossible to tell. The information which the writer has gathered by a careful census of a certain species in a given limited territory enabled him to determine that in this particular case only about three-fifths of the individuals are mated any one season.

Polygamy Among Birds.—As with mankind, some races have well-developed tendencies toward polygamy. In the warmer regions of the United States there dwells a great, splendid, glossy Blackbird, the Boat-tailed Crackle. The nest of this bird is a wonderfully woven structure of water plants and grasses and is usually built in a bush growing in the water. When you find one nest of the Crackle you are pretty certain to find several other occupied nests in the immediate vicinity. From three to six of these marvellous cradles, with their quiet brown female owners, often appear to be watched over by one shining, iridescent lord Crackle, who may be husband to them all. He guards his own with jealous care. Evidently, too, he desires the whole country to know that he is the most handsome, ferocious bird on the earth; for all day long his hoarse shoutings may be heard, and when he launches into the air, the sound of the ponderous beating of his wings can, on a still day, be heard half a mile away, across the lake.

One of the best-known polygamous birds of North America is the Wild Turkey. Go into any part of the country where this fast-disappearing game bird still survives, and the experienced local gunners will tell you that in the mating season you will usually find a gobbler accompanied by two or more Turkey hens. When a female gets ready to make her nest she slips away from her sultan and the other members of the seraglio and, going to some broom-sedge field or open place in the woods, constructs her nest on the ground beneath some slight, convenient shelter. Day after day she absents herself for a short time, and the speckled treasures grow in number until from twelve to fifteen have been deposited. All this time her movements are characterized by absolute secrecy, for if the gobbler by any chance comes upon the nest he immediately breaks every egg. He is perhaps wise enough to know that when his hens begin to set lonely times are in store for him.

The Outcast.—One of our wild birds whose domestic relations are not fully understood is strongly suspected of being promiscuously polygamous. Suspicion on this point is heightened by the fact that it never has a nest even of the most humble character, and shuns absolutely all the ordinary dangers and responsibilities of parentage. We call this seemingly unnatural creature the Cowbird, probably because it is often seen feeding in pastures among cattle, where it captures many insects disturbed into activity by the movements of the browsing animals.

The Cowbird lays its eggs in the nests of various other birds, distributing them about the neighbourhood. Here they are left to be hatched and the young to be reared by the foster parents. Cowbird's eggs have been found in the nests of nearly one hundred species of birds, and nearly always the nest of some smaller bird is chosen. Despite this fact the Cowbird's eggs are often first to hatch. The young grow rapidly and, being strong and aggressive, not only secure the lion's share of the food, but frequently crowd the young of the rightful owner out of the nest to perish on the ground beneath.

As soon as the young leave the nest the greedy Cowbird follows the little mother about the thickets, shouting loudly for food. Its fierce clamour drowns the weaker cries of the legitimate young, which I have reason to believe even then often die for lack of nourishment. So insistent is the young Cowbird and so persistently does it pursue the foster parent that it is well cared for and invariably thrives. It is no uncommon sight, during the days of June and July, to see a worn, bedraggled Song Sparrow working desperately in a frantic effort to feed one or more great hulking Cowbirds twice its size. It is little wonder that discerning people are not fond of the Cowbird. Even the birds seem to regard it as an outcast from avian society, and rarely associate with it on friendly terms. This is the only species of North American birds that exhibits such depravity.

All other birds display great willingness to attend to their home duties, and often give evidence of keen delight while so engaged. One of the most exquisite and dainty forms of bird life found in the United States is the little Blue-gray Gnatcatcher. When occupied in building the nest, which is usually saddled on the limb of some forest tree, the birds call to each other constantly; and even after the eggs are laid there is no attempt to restrain their expressions of happiness. Unlike the Crow and Jay, that sometimes appropriate the nests of other birds, these little creatures have no sins to answer for to their neighbours. One of the most pleasing sights I have witnessed was a male Gnatcatcher that had relieved his mate at the nest. He was sitting on the eggs and, with head thrown back, sang with all his might, apparently unconscious of the evil which such gaiety might bring upon his household.

CHAPTER IV

THE MIGRATION OF BIRDS

There is something fascinating about the word migration. It sends our minds back to the dim stories of tribal movements carved on the rocks by men who wrought in the dawn of history. We wonder at the compelling force that drove our ancestors through the forests of northern Germany, or caused the Aztecs to cross the Mexican deserts. It calls to something in our blood, for even the most stolid must at times hearken to the Pied Piper and with Kipling feel that "On the other side the world we're overdue."

Man is not alone the possessor of the migrating passion. Menhaden, in vast schools, sweep along our Atlantic Coast in their season. From unknown regions of the ocean herring and salmon return to the streams of their nativity when the spirit of migration sweeps over the shoals into the abysmal depths. There are butterflies that in companies rise from mud puddles beside the road and go dancing away to the South in autumn. The caribou, in long streams, come southward over the barrens of Labrador when the word is passed, and even squirrels, over extended regions, have been known to migrate en masse for hundreds of miles. There is, however, no phase of the life of birds which is quite so distinctive. The extent and duration of their migrations are among the most wonderful phenomena of the natural world.

Ornithologists have gathered much information regarding their coming and going, but knowledge on many of the points involved is incomplete. It is only of recent years that the nest of the Solitary Sandpiper has been found, and yet this is a very common bird in the eastern United States in certain seasons. Where is the scientist who can yet tell us in what country the common Chimney Swift passes the winter, or over what stretches of sea and land the Arctic Tern passes when journeying between its summer home in the Arctic seas and its winter abode in the Antarctic wastes? The main fact, however, that the great majority of birds of the Northern Hemisphere go south in autumn and return in spring, is well known.

Moulting.—By the time the young are able to care for themselves the plumage of the hard-working parents is worn and frayed and a new suit of feathers becomes necessary. They do not acquire this all at once. The feathers drop out gradually from the various feather tracts over the body, and their places are at once taken by a new growth. While this is going on the birds are less in evidence than at other times. They keep out of sight and few song notes are heard. Perhaps there is some irritation and unpleasantness connected with moulting which causes a dejection of spirit.

With swimming water birds the wing quills disappear nearly all at once and the birds are unable for a short time to fly; but being at home in the water, where they secure their food, they are not left in the helpless, even desperate, condition in which a land bird would find itself if unable to fly. In a few cases birds begin to migrate before this moulting takes place, but with the great majority the moult is complete before they leave their summer homes.

Why Birds Migrate.—Why birds migrate we can only conjecture. Without doubt the growing scarcity of food in autumn is the controlling factor with many of them; and this would seem to be an excellent reason for leaving the region of their summer sojourn. Cold weather alone would not drive all of them southward, else why do many small birds pass the winter in northern latitudes where severe climatic conditions prevail? Should we assume the failing food supply to be the sole cause of migration, we would find ourselves at fault when we came to consider that birds leave the tropic regions in spring, when food is still exceedingly abundant, and journey northward thousands of miles to their former summer haunts.

There is a theory held by many naturalists that the migrating instinct dates back to the glacial period. According to this theory North America was inhabited originally by non-migrating birds. Then the great Arctic ice-cap began to move southward and the birds were forced to flee before it or starve. Now and then during the subsequent period the ice receded and the birds returned, only to be driven again before the next onrush of the Ice King. Thus during these centuries of alternate advance and retreat of the continental glacier, the birds acquired a habit, which later became an instinct, of retreating southward upon the approach of cold weather and coming back again when the ice and snow showed indications of passing away.

The Gathering Flocks.—To the bird student there is keen delight in watching for the first spring arrivals and noting their departure with the dying year. It is usually in August that we first observe an unwonted restlessness on the part of our birds which tells us that they have begun to hear the call of the South. The Blackbirds assemble in flocks and drift aimlessly about the fields. Every evening for weeks they will collect a chattering multitude in the trees of some lawn, or in those skirting a village street, and there at times cause great annoyance to their human neighbours.

Across the Hudson River from New York, in the Hackensack marshes, behind the Palisades, clouds of Swallows collect in the late summer evenings, and for many days one may see them from the car windows as they glide through the upper air or swarm to roost among the rushes. These Swallows and the Blackbirds are getting together before starting on their fall migration.

In Greensboro, North Carolina, there is a small grove of trees clustered about the courthouse which is a very busy place during the nights of summer. Here, before the first of July, Purple Martins begin to collect of an evening. In companies of hundreds and thousands, they whirl about over the tops of the houses, alight in the trees, and then almost immediately dash upward and away again. Not till dark do they finally settle to roost. Until late at night a great chorus of voices may be heard among the branches. The multitude increases daily for six or eight weeks, additions, in the form of new family groups, constantly augmenting their numbers. Some time in September the migration call reaches the Martins, and, yielding to its spell, they at once depart toward their winter home in tropical South America.

The Usual Movement.—Many of our smaller birds, such as Warblers and Vireos, do not possess a strong flocking instinct, but, nevertheless, they may be seen associated in numbers during the season of the northern and southern movements. Such birds migrate chiefly at night and have been observed through telescopes at high altitudes. Such observations are made by pointing the telescope at the disk of the full moon on clear nights. On cloudy or foggy nights the birds fly lower, as may be known by the clearer sounds of their calls as they pass over; at times one may even hear the flutter of their wings. There is a good reason for their travelling at this time, as they need the daylight for gathering food.

There appear to be certain popular pathways of migration along which many, though by no means all, of the aerial voyageurs wing their way. As to the distribution of these avian highways, we know at least that the coastlines of the continents are favourite routes. Longfellow, in the valley of the Charles, lived beneath one of these arteries of migration, and on still autumn nights often listened to the voices of the migrating hosts, "falling dreamily through the sky."

A small number of the species migrate by day; among these are the Hawks, Swallows, Ducks, and Geese. The last two groups also travel by night. The rate at which they proceed on their journey is not as great as was formerly supposed. From twenty to thirty miles an hour is the speed generally taken, and perhaps fifty miles an hour is the greatest rapidity attained. Flights are usually not long sustained, a hundred and fifty miles a day being above the average. Individuals will at times pause and remain for a few days in a favourable locality before proceeding farther. When large bodies of water are encountered longer flights are of course necessary, for land birds cannot rest on the water as their feathers would soon become water-soaked and drowning would result. Multitudes of small birds, including even the little Ruby-throated Hummingbird, annually cross the Gulf of Mexico at a single flight. This necessitates a continuous journey of from five hundred to seven hundred miles. Some North American birds migrate southward only a few hundred miles to pass the winter, while many others go from Canada and the United States to Mexico, Central and South America.

The ponds and sloughs of all that vast country lying between the Great Lakes and Hudson Bay on the east and the mountains of the Far West, constitute the principal nursery of North American waterfowl, whence, in autumn, come the flocks of Ducks and Geese that in winter darken the Southern sounds and lakes. One stream moves down the Pacific Coast, another follows the Mississippi Valley to the marshes of Louisiana and Texas, while a third passes diagonally across the country in a southeasterly direction until it reaches the Maryland and Virginia coastline. Thence the birds disperse along the coastal country from Maine to Florida.

The Travelling Shore Birds.—Turnstones, Sanderlings, Curlews, and other denizens of the beaches and salt marshes migrate in great numbers along our Atlantic Coast. Some of them winter in the United States, and others pass on to the West Indies and southward. The extent of the annual journeys undertaken by some of these birds is indeed marvellous. Admiral Peary has told me that he found shore birds on the most northern land, where it slopes down into the Arctic Sea, less than five hundred miles from the North Pole; and these same birds pass the winter seven thousand miles south of their summer home. One of these wonderful migrants is the Golden Plover. In autumn the birds leave eastern North America at Nova Scotia, striking out boldly across the Atlantic Ocean, and they may not again sight land until they reach the West Indies or the northern coast of South America. Travelling, as they do, in a straight line, they ordinarily pass eastward of the Bermuda Islands. Upon reaching South America, after a flight of two thousand four hundred miles across the sea, they move on down to Argentina and northern Patagonia. In spring they return by an entirely different route. Passing up through western South America, and crossing the Gulf of Mexico, these marvellous travellers follow up the Mississippi Valley to their breeding grounds on the shores of the Arctic Ocean. Their main lines of spring and fall migration are separated by as much as two thousand miles. During the course of the year the Golden Plover takes a flight of sixteen thousand miles.

The World's Migrating Champion.—The bird which makes the longest flight, according to the late Wells W. Cooke, America's greatest authority on bird migration, is the Arctic Tern. Professor Cooke, to whom we owe so much of our knowledge of the subject, says of this bird:

"It deserves its title of 'arctic' for it nests as far North as land has been discovered; that is, as far North as the bird can find anything stable on which to construct its nest. Indeed, so arctic are the conditions under which it breeds that the first nest found by man in this region, only seven and one-half degrees from the pole, contained a downy chick surrounded by a wall of newly fallen snow that had been scooped out of the nest by the parent. When the young are full grown the entire family leaves the Arctic, and several months later they are found skirting the edge of the Antarctic continent.

"What their track is over that eleven thousand miles of intervening space no one knows. A few scattered individuals have been noted along the United States coast south to Long Island, but the great flocks of thousands and thousands of these Terns which range from pole to pole have never been noted by ornithologists competent to indicate their preferred route and their time schedule. The Arctic Terns arrive in the Far North about June fifteenth and leave about August twenty-fifth, thus staying fourteen weeks at the nesting site. They probably spend a few weeks longer in the winter than in the summer home, and this would leave them scarcely twenty weeks for the round trip of twenty-two thousand miles. Not less than one hundred and fifty miles in a straight line must be their daily task, and this is undoubtedly multiplied several times by their zigzag twistings and turnings in pursuit of food.

"The Arctic Tern has more hours of daylight and sunlight than any other animal on the globe. At the most northern nesting site the midnight sun has already appeared before the birds' arrival, and it never sets during their entire stay at the breeding grounds. During two months of their sojourn in the Antarctic the birds do not see a sunset, and for the rest of the time the sun dips only a little way below the horizon and broad daylight is continuous. The birds, therefore, have twenty-four hours of daylight for at least eight months in the year, and during the other four months have considerably more daylight than darkness."

Perils of Migration.—The periods of migration are fraught with numerous perils for the travelling hosts. Attracted and blinded by the torches of lighthouses, multitudes of birds are annually killed by striking against lighthouse towers in thick, foggy weather. The keeper of the Cape Hatteras light once showed me a chipped place in the lens which he said had been made by the bill of a great white Gannet which one thick night crashed through the outer protecting glass of the lighthouse lamp. As many as seven hundred birds in one month have killed themselves by flying against the Bartholdi Statue of Liberty in New York Harbour. As its torch is no longer lighted the death-rate here has been greatly reduced, although some birds are still killed by flying against the statue. Many were formerly killed by striking the Washington Monument, the record for one night being one hundred and fifty dead birds.

Locomotive engineers have stated that in foggy weather birds often hurl themselves against the headlight and frequently their bodies are later picked up from the engine platform beneath. Birds seem rarely to lose their sense of direction, and they pursue their way for hundreds of miles across the trackless ocean. Terns, Gulls, and Murres are known to go many miles in quest of food for their young and return through dense fogs with unerring directness to their nests.

During the spring it is not uncommon for strange waterfowl to be found helpless in the streets or fields of a region in which they are ordinarily unknown. These birds have become exhausted during the storm of the night before, or have been injured by striking telephone or telegraph wires, an accident which often happens. Once I picked up a Loon after a stormy night. Apparently it had recovered its strength after a few hours' rest, but, as this bird can rise on the wing only from a body of water, over the surface of which it can paddle and flap for many rods, and as there was no pond or lake in all the neighbouring country, the Loon's fate was evident from the first.

Birds are often swept to sea by storm winds from off shore. Vainly they beat against the gale or fly on quivering wings before its blast, until the hungry waves swallow their weary bodies. One morning in northern Lake Michigan I found a Connecticut Warbler lying dead on the deck beneath my stateroom window after a stormy night of wind and rain. Overtaken many miles from shore, this little waif had been able to reach the steamer on the deck of which it had fallen exhausted and died. What of its companions of the night before?

On May 3, 1915, I was on a ship two hundred miles off Brunswick, Georgia. That day the following birds came aboard, all in an exhausted condition: Brown Creeper, Spotted Sandpiper, Green Heron, and Yellow-billed Cuckoo. We also encountered three flocks of Bobolinks, which for some distance flew beside the ship. They appeared to be lost, for they all left us finally, flying straight ahead of the ship, which was bound South, yet birds were supposed to be going North at this season. I wonder if in their bewilderment they mistook the ship for some immense bird pointing the way to land and safety!

Keeping Migration Records.—More than thirty years ago the United States Government put into operation a plan for collecting and tabulating information concerning the dates on which migratory birds reach various points in their journeys. More than two thousand different observers located in various parts of the country have contributed to these records, many of the observers reporting annually through a long series of years. As a result of this carefully gathered material, with the addition of many data collected from other sources, there is now on file in Washington an immense volume of valuable information, much of which, in condensed printed form, is obtainable by the public. This work was in charge of Professor Wells W. Cooke, Biologist, in the Biological Survey of the United States Department of Agriculture until his lamented death in the spring of 1916. Who will take charge of it hereafter is not yet determined; but students may obtain from the director of the Survey migration schedule blanks upon application, and bulletins describing the emigration habits of various North American birds. Watching for the annual appearance of the first individual of each species is most fascinating occupation.

Note.—Government bulletins on the migration of various North American birds may be obtained free, or at slight cost, by addressing H. W. Henshaw, Chief Biological Survey, Department of Agriculture, Washington, D. C.

CHAPTER V

THE BIRDS IN WINTER

With the approach of winter the country loses its charm for many people. The blossoms and verdure, so common yet so beloved by all, have departed, and only the brown expanses of dead grass and weeds relieve the blackness of the forest trees. Even ardent nature lovers have been known to forsake their walks at this season when the songs of the birds have ceased and the forest boughs give forth only sobs and shrieks as they sway to the strength of the north winds.

A Good Time for Field Walks.—Nevertheless winter is a good time for the bird student to go afield. If the wild life is less abundant, so is the human life, and you have the country almost to yourself. If you but say in your heart, "I will go and see what may be found," you will later rejoice, for with the falling of the leaves many of Nature's secrets, which she has jealously guarded through the summer months, stand revealed. Among the naked branches of the briars you may find the Catbird's nest which defied all search last June. It will be a comfort to learn that the bird really did have a nest just about the place you thought it was located. Many other pleasing surprises await you in the winter woods.

The Downy's Winter Quarters.—One late autumn day I stopped to watch a Junco feeding among some weed stalks near a hillside trail. After remaining motionless for a minute or two I became conscious of a light muffled tapping somewhere near by. It did not take long to locate the sound. On the underside of a slanting decayed limb, twenty feet above, was a new, well-rounded hole perhaps an inch in diameter. Even as I looked the occupant came to the entrance and threw out a billful of small chips. When these fell, I saw that the dead leaves on the earth beneath had been well sprinkled by previous ejections of the same nature. I had discovered a Downy Woodpecker at work on his winter bedroom, and later I had reason to believe that he made this his nightly retreat during the cold months that followed.

Chancing to pass this way one dark cloudy morning, it occurred to me to look and see if he had yet left his bed. Striking the limb near the hole I was rewarded by seeing a little black-and-white head poked out inquiringly. Fearing he might be resentful if such treatment were repeated, I never afterward disturbed my little neighbour while he was taking his morning nap. But I had learned this much, that one Downy at least sometimes liked to be abed on cold mornings. Perhaps he knew that there was no early worm about at this season.

Birds and the Night.—It may be that others of our winter birds also make excavations for sleeping quarters; the Chickadee and Nuthatch very probably do so, although I have never found them thus engaged. It is well known that many small birds creep into holes to pass the night. Old nesting places of Woodpeckers are thus again rendered useful, and many of the natural cavities of trees contain, during the hours of darkness, the little warm, pulsating bodies of birds.

Quails invariably roost on the ground regardless of the time of year, or the prevailing weather conditions. An entire covey numbering sometimes twelve or fifteen will settle for the night in a compact circular group with heads pointed outward. When a heavy snow falls they are completely buried, and then if a hard crust forms before morning their roosting place becomes their tomb. Grouse now and then are trapped in the same way, but their superior strength enables them to break through and escape. In fact, these larger birds often deliberately go to roost beneath the snow, breaking through the crust by a swift plunging dive from the air. Bearing these facts in mind it is easy to understand why Quails often become scarce in a country where Grouse abound.

Small birds pass the winter nights in evergreens, thick-growing vines, under the eaves of verandas, or on the rafters of bridges. Many creep into cracks of outhouses. I have found them at night in caves, barns, and once in a covered wagon. Almost any available shelter may have its bird tenant on cold nights, who if undisturbed will often return again and again to the refuge it has once found safe and comfortable.

Birds that pass the winter in the Northern States are subjected to many hardships. In fact, the fatalities in the bird world in winter are so great, and the population so constantly reduced by one form of tragedy or another, that it is only the stronger and more fortunate individuals of a species that survive to enjoy the summer.

The Food Question in Winter.—Where to secure the food is the big question which confronts every bird when it opens its eyes on the first snowy morning of winter. Not only has the whole aspect of the country been changed, but the old sources of food have passed away. Not a caterpillar is to be found on the dead leaves, and not a winged insect is left to come flying by; hence other food must be looked for in new directions. Emboldened by hunger, the Starlings alight at the kitchen door, and the Juncos, Sparrows, Downy Woodpeckers, and Nuthatches come to feed on the window-sill. Jays and Meadowlarks haunt the manure piles or haystacks in search of fragments of grain. Purple Finches flock to the wahoo elm trees to feed on the buds, and Crossbills attack the pine cones. Even the wary Ruffed Grouse will leave the shelter of the barren woods, and the farmer finds her in the morning sitting among the branches of his apple tree, relieving the twigs of their buds. In every field a multitude of weed stalks and stout grass stems are holding their heads above the snow tightly clasping their store of seeds until members of the Sparrow family shall thrash them out against the frozen crust beneath.

Among those which are forced to become largely vegetarian in winter is the Bluebird. In summer he is passionately fond of grasshoppers, cutworms, and Arctia caterpillars, but now he wanders sadly over the country of his winter range in quest of the few berries to be found in the swamps and along the hedgerows. The Crow is another bird often met in winter walks, for he, too, in many cases spurns the popular movement southward in the fall, and severe indeed must be the weather before he forsakes his former haunts. You will find him feeding along the banks of streams or in the open spots in the fields, or again in the woods pecking rotten stumps or fallen limbs in search of dormant beetles.

Fifty-five species of Warblers inhabit North America. These birds are insectivorous in their feeding habits, which of course also means that they are migratory. A partial exception to the rule is found in the common Myrtle Warbler. Although in winter these birds range south to Panama, many remain as far north as New Jersey, Kansas, and the Ohio Valley. This does not mean that insects are found in these regions in sufficient numbers to supply the larder of the Myrtle Warblers, but it does mean that they find acceptable substitutes for their usual food. Oddly enough, what they depend on is not animal matter in any form, but consists of berries which contain some of the essential food properties of fatty meats. One of the most popular with them is the common bayberry.

Among the sand dunes of the extensive "Banks" along the North Carolina coast there grows in great profusion a small bushy tree known as the yaupon. The young leaves of this when dried and steeped make a very acceptable drink, and during the hungry days of the Civil War when the Federal blockade became effective the people of the region used this as a substitute for tea and coffee. The yaupon produces in great abundance a berry that is so highly esteemed by the Myrtle Warblers that they pass the winter in these regions in numbers almost incredible.

When the Food Supply Fails.—It is hard to realize the extent of the havoc wrought among birds by cold, snowy weather. Early in the year 1895 a long, severe cold spell, accompanied by snow and sleet, almost exterminated the Bluebird in the eastern United States. The bodies of no less than twenty-four of these birds were found in the cavity of one tree. It looked as if they had crowded together with the hope of keeping warm. It was not the cold alone which had destroyed the birds: a famine had preceded the cold snap, and the birds, weakened by hunger, were ill prepared to withstand its rigours.

One winter some years ago a prolonged freezing wave swept over our South Atlantic States, and played havoc with the Woodcock in South Carolina. This is what happened: the swamps in the upper reaches of the Pee Dee, the Black, and Waccamaw rivers were frozen solid, and the Woodcock, that in winter abound in this region, were thus driven to the softer grounds farther downstream. The cold continued and the frozen area followed the birds. The Woodcock, unable to drive their long bills into the once-responsive mud, were forced to continue their flight toward the coast in search of open ground where worms could be found. When at length they reached Winyaw Bay, where these rivers converge, they were at the point of exhaustion. Thousands of the emaciated birds swarmed in the streets and gardens of Georgetown. They were too weak to fly, and negroes killed them with sticks and offered baskets of these wasted bodies, now worthless as food, for a few cents a dozen. Several shipments were made to Northern cities by local market men, who hoped to realize something by their industry.

Of the Wild Ducks which remain North in the winter many die because of the freezing of the water in which they must dive or dabble for their food. On the morning of February 11, 1912, Cayuga Lake in western New York State was found to be covered with a solid sheet of ice from end to end. It is a large body of water, having an area of nearly sixty-seven square miles. It rarely freezes over—only once in about twenty years, as the records show. The Ducks inhabiting the lake at this time were caught unawares. Many of them moved quickly to more Southern waters, but others tarried, evidently hoping for better times. Subsequently a few air-holes opened and the Ducks gathered about them, but there was little food even here, and numbers starved to death. One observer who went out to the air-holes reported examining the bodies of twenty-eight Canvas-backs and nineteen Scaups in addition to many others such as Redheads and Golden-eyes. His survey was not exhaustive and the Gulls had doubtless removed many bodies from the territory he visited. When the surface of lakes and bays freezes suddenly in the night Ducks are sometimes caught and held fast by the ice adhering to their feathers and legs. In this condition they are utterly unable to escape the attacks of man and beast, and in the latitude of New York captures in this way are now and then reported.

Wild Fowl Destroyed in the Oil Fields.—In the oil fields of the Southwest and old Mexico the surface of many ponds is covered with oil into which unsuspecting flocks of Ducks alight never again to emerge until their dead bodies drift to the shore. It was on November 27, 1912, that the naval tank ship Arethusa steamed into the harbour of Providence, Rhode Island, with a cargo of crude oil. For several days following her bilge pumps sent overboard a continuous stream of water and oil seepage. On December 3d the following news-item appeared in the Providence Daily Bulletin, "The east shore of the lower harbour and upper bay, from Wilkesbarre pier to Riverside and below, is strewn with the bodies of dead Wild Ducks, which began to drift ashore yesterday. The wildfowl came into the bay in enormous flocks about the middle of November and have since been seen flying about or feeding in the shallow water, as is usual at this time of year. As no such amount of oil, it is believed, was ever let loose into the bay at one time before, and as Ducks along the shore, dead from poisoning, have never been seen before, it is reasonable to connect the two occurrences."

Hunting Winter Birds.—Birds are to be found in winter in nearly every neighbourhood, and it is astonishing under what adverse natural conditions one may find them. As I write these lines on a dark February afternoon, here in New York City, I can see through the window a Starling sitting ruffled up on the bare twig of an elm tree. Every minute or two he calls, and as he is looking this way perhaps he is growing impatient for the little girl of the house to give him his daily supply of crumbs. A few minutes ago there was a Downy on the trunk of the same tree, and out over the Harlem River I see a flock of Herring Gulls passing, as their custom is in the late afternoon.

Several years ago Dr. Frank M. Chapman sent out a notice to bird students that he would be pleased to have them make a record of the birds to be seen in their different neighbourhoods on Christmas.

Many responded, and he published their reports in his magazine Bird-Lore. This aroused so much interest that bird observers all over the country now have a regular custom of following this practice. In the January-February, 1916, issue of Bird-Lore appears the results of the last census which was taken on December 25, 1915. By examining this one may get a good idea of the birds to be found in various communities at this season. Some of the lists were very large, ninety-three specimens being noted in the one sent by Ludlow Griscom, from St. Marks, Florida. The largest number reported by any of the observers was 221, seen in the neighbourhood of Los Angeles, California. The following are reports from typical sections:

Wolfville, N. S.—Dec. 25; 10 A. M. to 12.30 P. M. Cloudless; 5 inches of light snow; no wind; temperature 30 degrees. Herring Gull, 2; Black Duck, 100; Canada Ruffed Grouse, 4; Downy Woodpecker, 1; Northern Raven, 1; Crow, 6; Goldfinch, 11; Vesper Sparrow, 1 (collected for positive identification); Black-capped Chickadee, 7; Acadian Chickadee, 2; Golden-crowned Kinglet, 5. Total, 11 species, 140 individuals. Dec. 20, a flock of 8 to 10 American Crossbills.—R. W. TUFTS.

Tilton, N. H.—Dec. 25; 8.20 A. M. to 12.30 P. M. Cloudy, changing to light rain; a little snow on ground; wind light, south-east; temperature 38 degrees. Blue Jay, 1; White-breasted Nuthatch, 1; Chickadee, 6; Golden-crowned Kinglet, 2. Total, 4 species, 10 individuals. Birds seem unusually scarce this winter.—GEORGE L. PLIMPTON and EDWARD H. PERKINS.

Bridgewater, Mass.—Dec. 25; 8 to 10 A. M. Cloudy; ground bare; wind southeast, moderate; temperature 27 degrees to 42 degrees. Red-tailed Hawk, 2; Northern Flicker, 3; Blue Jay, 3; American Crow, 80; Starling, 6; Meadowlark, 2; Goldfinch, 7; Junco, 5; Song Sparrow, 42; Swamp Sparrow, 2; Myrtle Warbler, 50; Brown Creeper, 2; Chickadee, 50; Golden-crowned Kinglet, 3. Total, 14 species, 256 individuals.—HORACE A. MCFARLIN.

Fairfield, Conn. (Birdcraft Sanctuary, 10 acres).—Dec. 25, Herring Gull, 4; Red-tailed Hawk, 2; Sparrow Hawk, 1; Hairy Woodpecker, 1; Downy Woodpecker, 5; Blue Jay, 4; Crow, 8; Starling, flock of 50; Meadowlark, 2; Purple Finch, 10; Goldfinch, 3; White-throated Sparrow, 4; Tree Sparrow, 15; Junco, 30; Song Sparrow, 7; Fox Sparrow, 1; Myrtle Warbler, 12; Brown Creeper, 3; White-breasted Nuthatch, 2; Chickadee, 10; Golden-crowned Kinglet, 5; Robin, 2. Total, 22 species, 181 individuals.—FRANK NOVAK, Warden.

New York City (Central Park).—Dec. 25; 9 A. M. to 1 P. M. Cloudy; ground mostly bare, with some remaining patches of snow; wind southeast, light; temperature 45 degrees to 54 degrees. Herring Gull, 70; Black Duck, 1; Downy Woodpecker, 2; Starling, 24; Junco, 4; Song Sparrow, 2; Cardinal, 2; Chickadee, 5. Total, 8 species, 110 individuals.—MR. and MRS. G. CLYDE FISHER.

Rhinebeck, N. Y.—Dec. 25; 8 A. M. to 1 P. M. Cloudy; deep snow; wind south, light; temperature 40 degrees. American Merganser, 2; Ring-necked Pheasant, 30; Gray Partridge, 5; Marsh Hawk, 1; Barred Owl, 1; Hairy Woodpecker, 4; Downy Woodpecker, 8 (drums and utters long call); yellow-bellied Sapsucker, 1 male; Blue Jay, 10; Crow, 15; Purple Finch, 15; Goldfinch, 6; Junco, 12; Song Sparrow, 1; Tree Sparrow, 13; Brown Creeper, 3; White-breasted Nuthatch, 20; Chickadee, 25 (whistles). Total 18 species, 171 individuals.—MRS. J. F. GOODWELL, TRACY, DOWS, and MAUNSELL S. CROSBY.

Hackettstown, N. J.—Dec. 22; 8.30 to 10.45 A. M. and 2.15 to 4.50 P. M. Fair; remains of 16 in. snow, ground partly bare, partly with deep drifts; temperature 20 degrees. Pheasant, 2; Sparrow Hawk, 1; Downy Woodpecker, 4; Blue Jay, 1; Crow, 4; Starling, 11; Meadowlark, 13; Goldfinch, 1; Tree Sparrow, 6; Junco, 14; Song Sparrow, 3; Brown Creeper, 2; White-breasted Nuthatch, 2; Chickadee, 11; Golden-crowned Kinglet, 1; Robin, 1; Bluebird, 2. Total, 17 species, 79 individuals.—MARY PIERSON ALLEN.

Doylestown, Pa.—Dec. 25; 10 A. M. to 2.30 P. M. Fair; ground snow-covered; wind southwest; temperature 40 degrees. Red-shouldered Hawk, 1; Sparrow Hawk, 1; Hairy Woodpecker, 1; Downy Woodpecker, 3; Blue Jay, 5; Crow, 7; Starling, 10; Meadowlark, 3; Purple Finch, 3; Tree Sparrow, 8; Junco, 42; Song Sparrow, 4; Cardinal, 2; White-breasted Nuthatch, 3; Tufted Titmouse, 5; Black-capped Chickadee, 16; Robin, 1; Bluebird, 2. Total, 18 species, 117 individuals—DOYLESTOWN NATURE CLUB, per Miss ELIZABETH COX.

Lexington, N. C.—Dec. 27; 9.30 A. M. to 4.30 P. M. Fair to hazy; ground bare; wind southeast to south, light; temperature 44 degrees to 50 degrees. Mourning Dove, 1; Turkey Vulture, 21; Sparrow Hawk, 1; Downy Woodpecker, 1; Yellow-bellied Sapsucker, 2; Northern Flicker, 9; Blue Jay, 12; Crow, 15; Purple Finch, 10; Goldfinch, 13; White-throated Sparrow, 50; Chipping Sparrow, 15; Field Sparrow, 30; Slate-coloured Junco, 100; Song Sparrow, 26; Fox Sparrow, 2; Towhee, 4; Cardinal, 20; Mockingbird, 5; Carolina Wren, 12; House Wren, 2; Long-billed Marsh Wren, 1; White-breasted Nuthatch, 4; Tufted Titmouse, 4; Carolina Chickadee, 20; Golden-crowned Kinglet, 3; Bluebird, 8. Total, 27 species, 391 individuals.—THEODORE ANDREWS.

Columbia, S. C. (Outskirts).—Dec. 27; 11 A. M. to 1 P. M. Clear; ground bare; wind southwest, light; temperature 47 degrees. Black Vulture, 30; Red-tailed Hawk, 2; Red-headed Woodpecker, 6; Flicker, 1; Blue Jay, 12; Goldfinch, 7; White-throated Sparrow, 15; Slate-coloured Junco, 35; Song Sparrow, 6; Red-eyed Towhee, 3; Loggerhead Shrike, 1; Mockingbird, 3; Carolina Wren, 7; Brown Creeper, 1; Carolina Chickadee, 8; Golden-crowned Kinglet, 2; Ruby-crowned Kinglet, 8. Total, 17 species, 147 individuals.—BELLE WILLIAMS.

Tampa, Fla.—Dec. 26; 9 A. M. to 12 M. and 2 to 5 P. M. Clear; wind northwest, steady; tide out all day; temperature 40 degrees. Laughing Gull, 1; Bonaparte's Gull, 1; Brown Pelican, 9; Lesser Scaup, 75; Ward's Heron, 2; Little Blue Heron, 5; Killdeer, 15; Mourning Dove, 3; Turkey Vulture, 10; Black Vulture, 4; Marsh Hawk, 1; Bald Eagle, 1; Kingfisher, 1; Red-headed Woodpecker, 1; Florida Blue Jay, 5; Towhee, 1; Tree Sparrow, 14; Loggerhead Shrike, 6; Myrtle Warbler, 20; Yellow-throated Warbler, 1; Palm Warbler, 60; Prairie Warbler, 1; Mockingbird, 12; House Wren, 2; Ruby-crowned Kinglet, 2; Blue-gray Gnatcatcher, 3. Total, 26 species, about 360 individuals.—MRS. HERBERT R. MILLS.

Rantoul, Ill.—Dec. 25; 11 A. M. to 2 P. M. Cloudy; wind north-west, strong; temperature 22 degrees. Prairie Hen, 40; Mourning Dove, 2; Cooper's Hawk, 2; Red-tailed Hawk, 1; Red-shouldered Hawk, 1; American Rough-legged Hawk, 5; American Sparrow Hawk, 1; Short-eared Owl, 3; Screech Owl, 1; Northern Downy Woodpecker, 5; Yellow-bellied Sapsucker, 2; Northern Flicker, 2; Horned Lark, 60; Prairie Horned Lark, 30; Blue Jay, 15; Bronzed Crackle, 2; Lapland Longspur, 4; Tree Sparrow, 200; Junco, 100; Song Sparrow, 8; Swamp Sparrow, 2; Cardinal, 16; Brown Creeper, 1; White-breasted Nuthatch, 10; Red-breasted Nuthatch, 4; Tufted Titmouse, 30; Chickadee, 24; Golden-crowned Kinglet, 4. Total, 28 species, 575 individuals.—GEORGE E. EKBLAW and EDDIE L. EKBLAW.

Youngstown, Ohio.—Dec. 25; 8 A. M. to 4 P. M. Rain nearly all day; wind southerly, brisk at times; temperature 46 degrees to 33 degrees; walked about 10 miles. Ruffed Grouse, 2; Barred Owl, 1; Great Horned Owl, 2; Hairy Woodpecker, 6; Downy Woodpecker, 30; Red-bellied Woodpecker, 1; Blue Jay, 21; Goldfinch, 4; Tree Sparrow, 54; Slate-coloured Junco, 4; Song Sparrow, 20; Cardinal, 25; Winter Wren, 1; Brown Creeper, 4; White-breasted Nuthatch, 50; Red-breasted Nuthatch, 2; Tufted Titmouse, 25; Chickadee, 133; Golden-crowned Kinglet, 29; Wood Thrush, 1. Total, 20 species, 424 individuals. The Wood Thrush was possibly crippled, but could fly quite well.—GEORGE L. FORDYCE, VOLNEY ROGERS, C. A. LEEDY, and MRS. WILLIS H. WARNER.

Westfield, Wis.—Dec. 22; 8.30 to 10.30 A. M. Cloudy; ground covered by light snow; wind south, light; temperature 30 degrees. Ruffed Grouse, 1; Downy Woodpecker, 2; Blue Jay, 3; Goldfinch, 40; Tree Sparrow, 20; White-breasted Nuthatch, 3; Chickadee, 12. Total, 7 species, 81 individuals.—PATIENCE NESBITT.

Omaha, Neb.—Dec. 25; 10 A. M. to 3 P. M. Clear till noon; 1 inch of snow with bare spots; wind light, south; temperature 20 to 32 degrees. Open woods and parks just west of town, walked north 5 miles. Hairy Woodpecker, 1; Downy Woodpecker, 7; Blue Jay, 8; Goldfinch, 2; Pine Siskin, 1; Tree Sparrow, 75; Slate-coloured Junco, 20; Cardinal, 2; White-breasted Nuthatch, 3; Chickadee, 26. Total, 10 species, 145 individuals.—SOLON R. TOWNE.

Denver, Colo.—Dec. 25; 2.20 to 4 P. M. Partly cloudy; ground with some snow; wind west, strong; temperature 45 degrees to 55 degrees. Ring-necked Pheasant, 11; Marsh Hawk, 1; Orange-shafted Flicker, 9; Magpie, 75; Red-winged Blackbird, 750; Meadowlark, 4; House Finch, 35; Tree Sparrow, 60; Shufeldt's Junco, 3; Pink-sided Junco, 1; Gray-headed Junco, 18. Total, 11 species, 967 individuals.—W. H. BERGTOLD.

Escondido, Calif.—Dec. 25; 9 A. M. to 2 P. M. Partly cloudy; temperature 65 degrees. Killdeer, 30; Valley Quail, 100; Mourning Dove, 20; Western Red-tailed Hawk, 1; Desert Sparrow Hawk, 2; Barn Owl, 2; Burrowing Owl, 3; California Screech Owl, 1; Red-shafted Flicker, 3; Black-chinned Hummingbird, 3; Arkansas Kingbird, 9; Say's Phoebe, 4; Black Phoebe, 2; California Jay, 4; Western Meadowlark, 75; Brewer's Blackbird, 150; House Finch, 200; Willow Goldfinch, 50; Anthony's Towhee, 35; Phainopepla, 1; California Shrike, 8; Audubon's Warbler, 30; Western Mockingbird, 10; Pasadena Thrasher, 3; California Bush Tit, 20; Pallid Wren Tit, 6; Western Robin, 25; Western Bluebird, 10. Total, 38 species, 805 individuals.—FRED GALLUP.

CHAPTER VI

THE ECONOMIC VALUE OF BIRDS

Wild birds are now generally protected by law. Wander where you will through every province of Canada, and almost every nook and corner of the United States, you will find that the lawmaker has been there before you, and has thrown over the birds the sheltering arm of prohibitory statutes. Legislators are not usually supposed to spend much energy on drafting and enacting measures unless it is thought that these will result in practical benefit to at least some portion of their constituents. Legislative bodies are not much given to appropriating hundreds of thousands of dollars annually for the enforcement of a law which is purely sentimental in its nature. It is clear, therefore, that our law makers regard the wild bird life as a great value to the country from the standpoint of dollars and cents.

Destructiveness of Insects.—If we go back a few years and examine certain widely read publications issued by the United States Department of Agriculture, we can understand more fully why our legislative bodies have regarded so seriously the subject of bird protection. In one of the Year Books of the Department we read that the annual loss to the cotton crop of the United States by insects amounts to sixty million dollars. We learn, too, that grasshoppers and other insects annually destroy fifty-three million dollars' worth of hay and that two million dollars' worth of cereals are each year eaten by our insect population. In fact, we are told that one-tenth of all the cereals, hay, cotton, tobacco, forests, and general farm products is the yearly tax which insects levy and collect. In some parts of the country market-gardening and fruit-growing are the chief industries of the people. Now, when a vegetable raiser or fruit grower starts to count up the cost of his crops, one of the items which he must take into consideration is the 25 per cent. of his products which goes to feed the insects of the surrounding country.

Not all insects are detrimental to man's interests, but as we have just seen the Government officially states that many of them are tremendously destructive. Any one who has attempted to raise apples, for example, has made the unpleasant acquaintance of the codling moth and the curculio. Every season the apple raisers of the United States expend eight and one-quarter million dollars in spraying, to discourage the activities of these pests. In considering the troubles of the apple growers we may go even farther and count the twelve million dollars' worth of fruit spoiled by the insects despite all the spraying which has taken place. Chinch bugs destroy wheat to the value of twenty million dollars a year, and the cotton-boll weevil costs the Southern planters an equal amount.

Plagues of Insects.—Every now and then we read of great plagues of insects which literally lay waste a whole section of country. History tells of these calamities which have troubled the civilized world from the days of Pharaoh to the present time. During the summer of 1912 there was a great outbreak of army worms in South Carolina. In innumerable millions they marched across the country, destroying vegetation like a consuming fire. In the year 1900 Hessian flies appeared in great numbers in Ohio and Indiana, and before they subsided they had destroyed absolutely two and one-half million acres of the finest wheat to be found in the Middle West, and wheat land dropped 40 per cent. in value.

Closing this Year Book, with its long tables of discouraging statements, we may find more cheerful reading if we turn to another Agricultural Department publication entitled, "Some Common Birds and Their Relation to Agriculture; Farmers Bulletin number Fifty-four." We need peruse only a few pages to become impressed with the fact that our Government Biological Survey has made an exhaustive and exceedingly thorough investigation of the feeding habits of the wild birds that frequent the fields and forests. The reports of the economic ornithologists herein given are almost as surprising as the sad records given by the entomologists in the Year Book. We learn that birds, as a class, constitute a great natural check on the undue increase of harmful insects, and furthermore that the capacity for food of the average bird is decidedly greater in proportion than that of any other vertebrate.

Some Useful Birds.—Most people who have made the acquaintance of our common birds know the friendly little Chickadee, which winter and summer is a constant resident in groves of deciduous trees. It feeds, among other things, on borers living in the bark of trees, on plant lice which suck the sap, on caterpillars which consume the leaves, and on codling worms which destroy fruit. One naturalist found that four Chickadees had eaten one hundred and five female cankerworm moths. With scalpel, tweezers, and microscope these moths were examined, and each was found to contain on an average one hundred and eighty-five eggs. This gives a total of nearly twenty thousand cankerworm moth eggs destroyed by four birds in a few minutes. The Chickadee is very fond of the eggs of this moth and hunts them assiduously during the four weeks of the summer when the moths are laying them.

The Nighthawk, which feeds mainly in the evening, and which is equally at home in the pine barrens of Florida, the prairies of Dakota, or the upper air of New York City, is a slaughterer of insects of many kinds. A Government agent collected one, in the stomach of which were the remains of thirty-four May beetles, the larvae of which are the white grubs well known to farmers on account of their destruction of potatoes and other vegetables. Several stomachs have been found to contain fifty or more different kinds of insects, and the number of individuals in some cases run into the thousands. Nighthawks also eat grasshoppers, potato-beetles, cucumber-beetles, boll-weevils, leaf-hoppers, and numerous gnats and mosquitoes. Surely this splendid representative of the Goatsucker family deserves the gratitude of all American citizens.

Among the branches of certain of our fruit trees we sometimes see large webs which have been made by the tent caterpillars. An invading host seems to have pitched its tents among the boughs on all sides. If undisturbed these caterpillars strip the foliage from the trees. Fortunately there is a bird which is very fond of these hairy intruders. This is the Cuckoo, and he eats so many that his stomach actually becomes lined with a thick coating of hairs from their woolly bodies. The Baltimore Oriole also is fond of rifling these webs.

Another well-known bird that helps to make this part of the world habitable is the Flicker. It is popular in every neighbourhood where it is found and is known by a wide variety of local names, over one hundred and twenty-five of which have been recorded. Golden-winged Woodpecker some people call it. Other names are High-holder, Wake-up, Walk-up, Yellowhammer, and Pigeon Woodpecker. The people of Cape Hatteras know it as Wilkrissen, and in some parts of Florida it is the Yucker-bird. Naturalists call it Colaptes auratus, but name it as you may, this bird of many aliases is well worthy of the esteem in which it is held. It gathers its food almost entirely from the ground, being different in this respect from other Woodpeckers. One may flush it in the grove, the forest, the peanut field, or the untilled prairie, and everywhere it is found engaged in the most highly satisfactory occupation of destroying insect life. More than half of its food consists of ants. In this country, taken as a whole, Flickers are very numerous, and the millions of individual birds which have yet escaped the guns of degenerate pot hunters constitute a mighty army of destruction to the Formicidae.

Let us not forget that any creature which eats ants is a decided boon to humanity. Ants, besides being wood borers, invaders of pantries, killers of young birds, nuisances to campers and barefoot boys, care for and perpetuate plant lice which infest vegetation in all parts of the country to our very serious loss. Professor Forbes, in his study of the corn plant louse, found that in spring ants mine along the principal roots of the corn. Then they collect the plant lice, or aphids, and convey them into these burrows and there watch and protect them. Without the assistance of ants, it appears that the plant lice would be unable to reach the roots of the corn. In return for these attentions the ants feast upon the honey-like substances secreted by these aphids. The ants, which have the reputation of being no sluggards, take good care of their diminutive milch cattle, and will tenderly pick them up and transport them to new pastures when the old ones fail. Late in the summer they carefully collect all the aphid eggs that are obtainable, and taking them into their nests keep them safe during the winter. When spring comes and the eggs hatch, the ants gather the young plant lice and place them on plants. It may be seen, therefore, that the Flicker by digging up ants' nests and feeding on the inhabitants has its value in an agricultural community.

The Question of the Weed Seeds.—The work of the Chickadee, the Nighthawk, the Cuckoo, and the Flicker is only an example of the good being done by at least two-thirds of birds in the United States, and most of the remainder are not without their beneficial qualities. When the coming of winter brings a cessation of insect life, many birds turn to the weed patches for food. Especially is this the case with the various varieties of native Sparrows.

No one has yet determined just how many weed seeds one of these birds will eat in a day. The number, however, must be very great. An ornithologist, upon examining the stomach of a Tree Sparrow, found it to contain seven hundred undigested pigeon-weed seeds, and in the same way it was discovered that a Snow Bunting had taken one thousand seeds of the pigweed at one meal.

Mr. E. H. Forbush, the well-known Massachusetts naturalist, frequently amuses himself by observing the birds near his house as they feed on the millet seed that he provides for them. Speaking of some of the things he saw here, he says, "A Fox Sparrow ate one hundred and three seeds in two minutes and forty-seven seconds; another, one hundred and ten in three minutes, forty-five seconds; while still another Song Sparrow ate one hundred and fifty-four in the same length of time. This Sparrow had been eating for half an hour before the count began and continued for some time after it was finished." It is readily seen that thirty seeds a minute was below the average of these birds; and if each bird ate at that rate for but a single hour each day it would destroy eighteen hundred seeds a day, or twelve thousand six hundred a week. Some day the economic ornithologists under the leadership of Professor F. E. L. Beal, America's leading authority on the subject, may give us a full and exhaustive account of what the various birds do for us in the way of keeping down the great scourge of grass and weeds with which the farmers have to deal. In the meantime, however, we may bear in mind that enough evidence already has been accumulated to prove that as destroyers of noxious weed seeds the wild birds are of vast importance.

Dealing with the Rodent Pests.—In addition to weeds and insects, there is yet another group of pests, some representatives of which may be found in every neighbourhood. It is composed of rabbits, ground squirrels, prairie dogs, mice, and the like. They all possess long front teeth for gnawing, and constitute the Order of Rodents. Some species destroy fruit trees by gnawing away the bark near the ground, others attack the grain stacked in the field or stored in the granary. As these little sharp-eyed creatures are chiefly nocturnal in their habits, we seldom see them; we see only the ruin they have wrought. In some of the American ports incoming vessels are systematically fumigated to kill the rats for fear they may bring with them the bubonic plague. In April, 1898, while engaged in field natural history work in Hyde County, North Carolina, I found the farms along the north shore of Matamuskeet Lake were overrun by swarms of large brown rats that burrowed in the ground everywhere, and coming out at night wrought havoc and destruction on the farm lands. The whole country was up in arms and the farmers were appealing for State and Federal aid to help them rid the land of this terrible scourge. In short, the rodents, as a class, are regarded as decidedly detrimental to the interests of mankind.

The Terror That Flies by Night.—Among the chief enemies of rodents in North America are the nineteen species of Owls, untold numbers of which are abroad every night searching through fields and forests for just such creatures as these. The digestive processes of Owls are such that the hard, indigestible portions of their food are disgorged in the form of balls and may often be found beneath their roosting places. One of our most odd-looking birds is the Barn Owl. Being nocturnal in its habits it is rarely seen unless one takes the trouble to climb into unfrequented church towers, the attics of abandoned buildings, or similar places which they seek out for roosting purposes. Some years ago the naturalist, Dr. A. K. Fisher, discovered that a pair of Barn Owls had taken up their abode in one of the towers of the Smithsonion Institution building. He found the floor thickly strewn with pellets composed of bones and fur which these birds and their young had disgorged. He collected two hundred of these and took them to his laboratory. A painstaking examination showed that they contained four hundred and fifty-three skulls. Here is his list made out at the time: two hundred and twenty-five meadow mice, two pine mice, twenty shrews, one star-nosed mole, and one Vesper Sparrow. It is plain to be seen that great good was accomplished in the community by this pair of Owls and their young, for the evil effects of the rodents in life must have far overbalanced the good service of the one useful Vesper Sparrow.

A Seldom Recognised Blessing.—There are some large predatory birds which destroy the lives of many game birds and others of the weaker species. On game farms, therefore, an unpleasant but necessary task is the shooting or trapping of Hawks and Owls. At first thought it might seem best to wage a war of absolute extermination on these offenders, and some game-keepers urge that this should be done. Personally I am opposed to any such course of action, one reason being that this would not necessarily forward the best interests of the game birds it is desired to serve. So important and yet so unexpected is the ultimate effect of the activities of predatory creatures that in a state of nature I am convinced the supply of game birds is increased rather than decreased by being preyed upon. Like all other creatures, birds are subject to sickness and disease, but by the laws of nature it appears that they are not designed to suffer long. Their quick removal is advisable if they are to be prevented from spreading contagion among their fellows, or breeding and passing on their weakness to their offspring. Sometimes the Hawk, dashing at a covey of game birds, may capture one of its strongest and healthiest members, but the chances are that the afflicted member, which is not so quick on the rise or is a little slower on the wing, is the one to be taken. Just as some savages are said to put to death the incompetent and unfit, so do the laws operate which govern wild life. If, therefore, we should destroy all the Hawks, Owls, wild cats, foxes, skunks, snakes, and other predatory creatures, it is an open question whether in the long run our game birds would be the gainers thereby.

Some time ago I visited a large game farm in one of the Southern States, where for several years the owner had been engaged in raising English Ring-necked Pheasants. The gamekeeper stated that there were about six thousand of these brilliantly coloured birds on the preserve at that time. He also pointed with pride to an exhibit on the walls of a small house. An examination showed that the two sides and one end of this building were thickly decorated with the feet of Hawks, Crows, Owls, domestic cats, minks, weasels, and other creatures that were supposed to be the enemies of Pheasants. Two men were employed on the place to shoot and trap at all seasons, and the evidences of their industry were nailed up, to let all men see that the owner of the big game farm meant to allow no wild bird or animal to fatten on his game birds.

A year later I again visited the same preserve and found great lamentation. More than five thousand Pheasants had been swept away by disease within a few weeks. Is it going too far to say that the gunmen and trappers had overdone their work? So few Hawks or Owls or foxes had been left to capture the birds first afflicted, that these had been permitted to associate with their kind and to pass on weakness and disease to their offspring until the general health tone of the whole Pheasant community had become lowered. In the end five-sixths of the birds had succumbed to the devastations of disease.

All birds have their part to play in the great economy of the earth, and it is a dangerous experiment to upset the balance of Nature.

CHAPTER VII

CIVILIZATION'S EFFECT ON THE BIRD SUPPLY

Twelve hundred kinds of wild birds have been positively identified in North America. About one-third of this number are called sub-species, or climatic varieties. To illustrate the meaning of "sub-species," it may be stated that in Texas the plumage of the Bob-White is lighter in colour than the plumage of the typical eastern Bob-White, which was first described to science; therefore, the Texas bird is known as a sub-species of the type. Distributed through North America are nineteen sub-species of the eastern Song Sparrow. These vary from the typical bird by differences in size and shades of marking. In a similar way there are nine climatic variations of Screech Owls, six Long-billed Marsh Wrens, and fourteen Horned Larks. It is difficult to explain why this variation in colour and size is so pronounced in some species and yet is totally absent in others of equally wide range. The Mourning Dove breeds in many localities from the southern tier of Canadian Provinces southward throughout the United States and Mexico, and yet everywhere over this vast range the birds are the same in size and colour. Nowhere do the individuals exhibit any markings suggestive of climatic influences.

Some birds are very rare and are admitted to the list of North American species because of the fact that during the years a few stragglers from other parts of the world have been found on our continent. Thus the Scarlet Ibis from South America, and the Kestrel and Rook from western Europe, are known to come to our shores only as rare wanderers who had lost their way, or were blown hither by storms. Eighty-five species of the birds now listed for North America are of this extra-limital class. Among those naturally inhabiting the country, some are, of course, much more abundant than others, thus every one knows that Bald Eagles are comparatively rare, and that Robins and Chipping Sparrows exist by millions.

The Number of Birds in Different States.—The number of kinds of birds found in any one State depends on the size of the State, its geographical situation, and the varieties of its climate as affected by the topography in reference to mountains, coastlines, etc. The number of bird students and the character of their field studies determine the extent to which the birds of a State have been catalogued and listed. The following list indicates the number of kinds of birds that have been recorded in forty-three of the States and the District of Columbia. The authority for the statement in each instance and the year in which the figures were given is also stated:

Alabama, 275 (Oberholser, 1909).
Arizona, 371 (Cooke, 1914).
Arkansas, 255 (Howell, 1911).
California, 541 (Grinnell, 1916).
Colorado, 403 (Cooke, 1912).
{123}
Connecticut, 334 (Sage and Bishop, 1913).
Delaware, 229 (Rennock, 1908).
District of Columbia, 293 (Cooke, 1913).
Florida, 362 (Thurston, 1916).
Idaho, 210 (Merrill, 1898).
Illinois, 390 (Cory, 1909).
Indiana, 321 (Butler, 1898).
Iowa, 356 (Anderson, 1907).
Kansas, 379 (Bunker, 1913).
Kentucky, 228 (Garman, 1894).
Louisiana, 323 (Byer, Allison, Kopman, 1915).
Maine, 327 (Knight, 1908).
Maryland, 290 (Kirkwood, 1895).
Massachusetts, 369 (Howe and Allen, 1901).
Michigan, 326 (Barrows, 1912).
Minnesota, 304 (Hatch, 1892).
Missouri, 383 (Widmann, 1907).
Nebraska, 418 (Swenk, 1915).
Nevada, 250 (Hoffman, 1881).
New Hampshire, 283 (Allen, 1904).
New Jersey, 358 (Stone, 1916).

New Mexico, 314 (Ford, 1911).
New York, 412 (Eaton, 1914).
North Carolina, 342 (Pearson and Brimley, '16).
North Dakota, 338 (Schmidt, 1904).
Ohio, 330 (Jones, 1916).
Oregon, 328 (Woodcock, 1902).
Pennsylvania, 300 (Warren, 1890).
Rhode Island, 293 (Howe and Sturtevant, 1899).
South Carolina, 337 (Wayne, 1910).
Tennessee, 223 (Rhoads, 1896).
Texas, 546 (Strecker, 1912).
Utah, 214 (Henshaw, 1874).
Vermont, 255 (Howe, 1902).
Virginia, 302 (Rives, 1890).
Wellington, 372 (Dawson, 1909).
West Virginia, 246 (Brooks, 1913).
Wisconsin, 357 (Kumlien and Hollister, 1903).
Wyoming, 288 (Knight, 1902).

For the five remaining States no list of the birds has as yet been issued.

Increase of Garden and Farm Birds.—The effect of civilization on the bird life of North America has been both pronounced and varied in character. Ask almost any one over fifty years of age if there are as many birds about the country as there were when he was a boy, and invariably he will answer "No!" This reply will be made, not because all birds have decreased in numbers, but because there has come a change in the man's ideas and viewpoint; in short, the change is chiefly a psychological one. The gentleman doubtless does not see the birds as much as he did when he was a boy on a farm, or if he does, they do not make the same impression on his mind. It is but another example of the human tendency to regard all things as better in the "good old times." Let us turn then from such well-meant but inaccurate testimony, and face the facts as they exist. I have no hesitation in saying that with many species of Finches, Warblers, Thrushes, and Wrens, their numbers in North America have greatly increased since the first coming of the white men to our shores.

It is a fact well known to careful observers that the deep, unbroken forests do not hold the abundance of bird life that is to be found in a country of farmlands, interspersed with thickets and groves. Originally extensive regions of eastern North America were covered with forests wherein birds that thrive in open countries could not find suitable habitation. As soon as the trees were cut the face of the country began to assume an aspect which greatly favoured such species as the Bobolink, Meadowlark, Quail, Vesper Sparrow, and others of the field-loving varieties. The open country brought them suitable places to nest, and agriculture increased their food supply. The settlers began killing off the wolves, wild cats, skunks, opossums, snakes, and many of the predatory Hawks, thus reducing the numbers of natural enemies with which this class of birds has to contend.

When the swamp is drained it means that the otter, the mink, and the Wild Duck must go, but the meadowland that takes the place of the swamp provides for an increased number of other species of wild life.

Effect of Forest Devastation.—Only in a comparatively few cases has bird life suffered from the destruction of forests. In parts of the Middle West the Woodpeckers have no doubt decreased in numbers. There are places where one may travel for many miles without seeing a single grove in which these birds could live.

Passenger Pigeons as late as 1870 were frequently seen in enormous flocks. Their numbers during the periods of migration was one of the greatest ornithological wonders of the world. Now the birds are gone. What is supposed to have been the last one died in captivity in the Zoological Park of Cincinnati at 2 P. M. on the afternoon of September 1, 1914. Despite the generally accepted statement that these birds succumbed to the guns, snares, and nets of hunters, there is a second cause which doubtless had its effect in hastening the disappearance of the species. The cutting away of vast forests where the birds were accustomed to gather and feed on mast greatly restricted their feeding range. They collected in enormous colonies for the purpose of rearing their young, and after the forests of the Northern States were so largely destroyed the birds seem to have been driven far up into Canada, quite beyond their usual breeding range. Here, as Forbush suggests, the summer probably was not sufficiently long to enable them to rear their young successfully.

The Ivory-billed Woodpecker, the largest member of the Woodpecker family found in the United States, is now nearly extinct. There are some in the wilder regions of Florida, and a few in the swamps of upper Louisiana, but nowhere does the bird exist in numbers. It has been thought by some naturalists that the reduction of the forest areas was responsible for this bird's disappearance, but it is hard to believe that this fact alone was sufficient to affect them so seriously, for the birds live mainly in swamps, and in our Southern States there are extensive lowland regions that remain practically untouched by the axeman. For some reason, however, the birds have been unable to withstand the advance of civilization, and like the Paroquet, the disappearance of which is almost equally difficult to explain, it will soon be numbered with the lengthening list of species that have passed away.

The Commercializing of Birds.—With the exceptions noted above the birds that have noticeably decreased in numbers in North America are those on whose heads a price has been set by the markets. Let a demand once arise for the bodies or the feathers of a species, and immediately a war is begun upon it that, unless speedily checked, spells disaster for the unfortunate bird.

The Labrador Duck and Others.—A hundred years ago the Labrador Duck, known to Audubon as the "Pied Duck," was abundant in the waters of the North Atlantic, and it was hunted and shot regularly in fall, winter, and spring, along the coast of New England and New York. Their breeding grounds were chiefly on the islands and along the shores of Labrador, as well as on the islands and mainland about the Gulf of St. Lawrence. Any one over forty years of age will remember how very popular feather beds used to be. In fact, there are those of us who know from experience that in many rural sections the deep feather bed is still regarded as the piÈce de resistance of the careful householder's equipment. There was a time when the domestic poultry of New England did not furnish as great a supply of feathers as was desired. Furthermore, "Eider down" was recognized as the most desirable of all feathers for certain domestic uses.

A hundred and fifty years ago New England sea-faring men frequently fitted out vessels and sailed to the Labrador coast in summer on "feather-voyages." The feathers sought were those of the Labrador Duck and the Eider. These adventurous bird pirates secured their booty either by killing the birds or taking the down from the nests. The commercializing of the Labrador Duck meant its undoing. The last one known to have been taken was killed by a hunter near Long Island, New York, in 1875. Forty-two of these birds only are preserved in the ornithological collections of the whole world.

Another species which succumbed to the persistent persecution of mankind was the Great Cormorant that at one time was extremely abundant in the northern Pacific and Bering Sea. They were killed for food by Indians, whalers, and others who visited the regions where the birds spend the summer. The Great Cormorant has been extinct in those waters since the year 1850.

Great Auks were once numbered literally by millions in the North Atlantic. They were flightless and exceedingly fat. They were easily killed with clubs on the breeding rookeries, and provided an acceptable meat supply for fishermen and other toilers of the sea; also their feathers were sought. They were very common off Labrador and Newfoundland. Funk Island, especially, contained an enormous breeding colony.

For years fishermen going to the Banks in early summer depended on Auks for their meat supply. The birds probably bred as far south as Massachusetts, where it is known a great many were killed by Indians during certain seasons of the year. However, it was the white man who brought ruin to this magnificent sea-fowl, for the savage Indians were too provident to exterminate any species of bird or animal. The Great Auk was last seen in America between 1830 and 1840, and the final individual, so far as there is any positive record, was killed off Iceland in 1841. About eighty specimens of this bird, and seventy eggs, are preserved in the Natural History collections of the world.

The Trumpeter Swan and the Whooping Crane are nearly extinct to-day. Constant shooting and the extensive settling of the prairies of the Northwest have been the causes of their disappearance.

Diminution of Other Species.—Of the fifty-five kinds of Wild Ducks, Geese, and Swans commonly found in North America, there is probably not one as numerous to-day as it was a hundred or even fifty years ago. Why? The markets where their bodies commanded a price of so much per head have swallowed them up. The shotgun has also played havoc with the Prairie Chicken and the Sage Grouse. Of the former possibly as many as one thousand exist on the Heath Hen Reservation of Martha's Vineyard, Massachusetts, a pitiful remnant of the eastern form of the species. Even in the Prairie States wide ranges of country that formerly knew them by tens of thousands now know them no more.

We might go farther and note also the rapidly decreasing numbers of the Sandhill Crane and the Limpkin of Florida. They are being shot for food. The large White Egret, the Snowy Egret, and the Roseate Spoonbill are found in lessening numbers each year because they have been commercialized. There is a demand in the feather trade which can be met only by the use of their plumage, and as no profitable means has been devised for raising these birds in captivity the few remaining wild ones must be sacrificed, for from the standpoint of the killers it is better that a few men should become enriched by bird slaughter than that many people should derive pleasure from the birds which add so much beauty and interest to the landscape.

Change of Nesting Habits.—The nesting habits of some birds have been revolutionized by the coming of civilization to the American wilderness. The Swallow family provides three notable examples of this. The Cliff Swallow and Barn Swallow that formerly built their nests on exposed cliffs now seek the shelter of barns and other outbuildings for this purpose. The open nest of the Barn Swallow is usually found on the joists of hay barns and large stables and not infrequently on similar supports of wide verandas. The Cliff Swallow builds its gourd-shaped mud nest under the eaves and hence is widely known as the Eaves Swallow. No rest of any kind in the form of a projecting beam is needed, as the bird skilfully fastens the mud to the vertical side of the barn close up under the overhanging roof. In such a situation it is usually safe from all beating rains. The Cliff Swallow has exhibited wisdom to no mean extent in exchanging the more or less exposed rocky ledge for the safety of sheltering eaves. Swallows show a decided tendency to gather in colonies in the breeding season. Under the eaves of a warehouse on the cost of Maine I once counted exactly one hundred nests of these birds, all of which appeared to be inhabited. Examination of another building less than seventy feet away added thirty-seven occupied nests to the list.

The nesting site of the Purple Martin has likewise been changed in a most radical fashion. Originally these birds built their nests of leaves, feathers, and grass, in hollow trees. Here no doubt they were often disturbed by weasels, squirrels, snakes, and other consumers of birds and their eggs. Some of the southern Indians hung gourds up on poles and the Martins learned to build their nests in them. This custom is still in vogue in the South, and thousands of Martin houses throughout the country are erected every year for the accommodation of these interesting birds. By their cheerful twitterings and their vigilance in driving from the neighbourhood every Hawk and Crow that ventures near, they not only repay the slight effort made in their behalf, but endear themselves to the thrifty chicken-raising farm-wives of the country.

If gourds or boxes cannot be found Martins will sometimes build about the eaves of buildings or similar places. They have learned that it is wise to nest near human habitations. At Plant City, Florida, one may find their nests in the large electric arc-lights swinging in the streets, and at Clearwater, Florida, and in Bismarck, North Dakota, colonies nest under the projecting roofs of store buildings.

I have always been interested in finding nests of birds, but I think no success in this line ever pleased me quite so much as the discovery of two pairs of Purple Martins making their nests one day in May, down on the edge of the Everglade country in south Florida. There were no bird boxes or gourds for at least twenty or thirty miles around, so the birds had appropriated some old Flicker nesting cavities in dead trees, that is, one pair of the birds had appropriated a disused hole, and the second pair was busy trying to carry nesting material into a Flicker's nest from which the young birds had not yet departed. Here then were Martins preparing to carry on their domestic duties just as they did back in the old primeval days.

The discussion of this subject could not well be closed without mentioning the Chimney Swift that now almost universally glues to the inner side of a chimney, or more rarely the inner wall of some building, the few little twigs that constitute its nest. It is only in the remotest parts of the country that these birds still resort to hollow trees for nesting purposes. There is—or was a few years ago—a hollow cypress tree standing on the edge of Big Lake in North Carolina which was used by a pair of Chimney Swifts, and it made one feel as if he were living in primitive times to see these little dark birds dart downward into a hollow tree, miles and miles away from any friendly chimney. Some day I hope to revisit the region and find this natural nesting hollow still occupied by a pair of unmodernized Swifts.

CHAPTER VIII

THE TRAFFIC IN FEATHERS

The traffic in the feathers of American birds for the millinery trade began to develop strongly about 1880 and assumed its greatest proportions during the next ten years. The wholesale milliners whose business and pleasure it was to supply these ornaments for women's hats naturally turned for their supply first to those species of birds most easily procured. Agents were soon going about the country looking for men to kill birds for their feathers, and circulars and hand bills offering attractive prices for feathers of various kinds were mailed broadcast. The first great onslaughts were made on the breeding colonies of sea birds along the Atlantic Coast. On Long Island there were some very large communities of Terns and these were quickly raided. The old birds were shot down and the unattended young necessarily were left to starve. Along the coast of Massachusetts the sea birds suffered a like fate. Maine with its innumerable out-lying rocky islands was, as it is to-day, the chief nursery of the Herring Gulls and Common Terns of the North Atlantic. This fact was soon discovered and thousands were slaughtered every summer, their wings cut off, and their bodies left to rot among the nests on the rookeries.

War on the Sea Swallows.—During a period of seven years more than 500,000 Terns', or Sea Swallows', skins were collected in spring and summer in the sounds of North and South Carolina. These figures I compiled from the records and accounts given me by men who did the killing. Their method was to fit out small sailing vessels on which they could live comfortably and cruise for several weeks; in fact, they were usually out during the entire three months of the nesting period. That was the time of year that offered best rewards for such work, for then the birds' feathers bore their brightest lustre, and the birds being assembled on their nesting grounds they could easily be shot in great numbers. After the birds were killed the custom was to skin them, wash off the blood stains with benzine, and dry the feathers with plaster of Paris. Arsenic was used for curing and preserving the skins. Men in this business became very skilful and rapid in their work, some being able to prepare as many as one hundred skins in a day.

Millinery agents from New York would sometimes take skinners with them and going to a favourable locality would employ local gunners to shoot the birds which they in turn would skin. In this way one New York woman with some assistants collected and brought back from Cobbs' Island, Virginia, 10,000 skins of the Least Tern in a single season.

In the swamps of Florida word was carried that the great millinery trade of the North was bidding high for the feathers of those plume birds which gave life and beauty even to its wildest regions. It was not long before the cypress fastnesses were echoing to the roar of breech-loaders, and cries of agony and piles of torn feathers became common sounds and sights even in the remotest depths of the Everglades. What mattered it if the semi-tropical birds of exquisite plumage were swept from existence, if only the millinery trade might prosper!

The milliners were not content to collect their prey only in obscure and little-known regions, for a chance was seen to commercialize the small birds of the forests and fields. Warblers, Thrushes, Wrens, in fact all those small forms of dainty bird life which come about the home to cheer the hearts of men and women and gladden the eyes of little children, commanded a price if done to death and their pitiful remains shipped to New York.

Taxidermists, who made a business of securing birds and preparing their skins, found abundant opportunity to ply their trade. Never had the business of taxidermy been so profitable as in those days. For example, in the spring of 1882 some of the feather agents established themselves at points on the New Jersey coast, and sent out word to residents of the region that they would buy the bodies of freshly killed birds of all kinds procurable. The various species of Terns, which were then abundant on the Jersey coast, offered the best opportunity for profit, for not only were they found in vast numbers, but they were comparatively easy to shoot. Ten cents apiece was the price paid, and so lucrative a business did the shooting of these birds become that many baymen gave up their usual occupation of sailing pleasure parties and became gunners. These men often earned as much as one hundred dollars a week for their skill with the shotgun.

It is not surprising that at the end of the season a local observer reported: "One cannot help noticing now the scarcity of Terns on the New Jersey coast, and it is all owing to their merciless destruction." One might go further and give the sickening details of how the birds were swept from the mud flats about the mouth of the Mississippi and the innumerable shell lumps of the Chandeleurs and the Breton Island region; how the Great Lakes were bereft of their feathered life, and the swamps of the Kankakee were invaded; how the White Pelicans, Western Grebes, Caspian Terns, and California Gulls of the West were butchered and their skinned bodies left in pyramids to fester in the sun. One might recount stories of Bluebirds and Robins shot on the very lawns of peaceful, bird-loving citizens of our Eastern States in order that the feathers might be spirited away to feed the insatiable appetite of the wholesale milliner dealers. Never have birds been worn in this country in such numbers as in those days. Ten or fifteen small song birds' skins were often sewed on a single hat!

What the Ladies Wore.—In 1886 Dr. Frank M. Chapman walked through the shopping district of New York City on his way home, two afternoons in succession, and carefully observed the feather decorations on the hats of the women he chanced to meet. The result of his observation, as reported to Forest and Stream, shows that he found in common use as millinery trimming many highly esteemed birds as the following list which he wrote down at the time will serve to show:

Robins, Thrushes, Bluebirds, Tanagers, Swallows, Warblers, Waxwings, Bobolinks, Larks, Orioles, Doves, and Woodpeckers.

In all, the feathers of at least forty species were discernible.

In commenting on his trips of inspection, Doctor Chapman wrote: "It is evident that in proportion to the number of hats seen, the list of birds given is very small, for in most cases mutilation rendered identification impossible. Thus, while one afternoon seven hundred hats were counted and on them but twenty birds recognized, five hundred and forty-two were decorated with feathers of some kind. Of the one hundred and fifty-eight remaining, seventy-two were worn by young or middle-aged ladies, and eighty-six by ladies in mourning or elderly ladies."

This was a period when people seemed to go mad on the subject of wearing birds and feathers. They were used for feminine adornment in almost every conceivable fashion. Here are two quotations from New York daily papers of that time, only the names of the ladies are changed: "Miss Jones looked extremely well in white with a whole nest of sparkling, scintillating birds in her hair which it would have puzzled an ornithologist to classify," and again: "Mrs. Robert Smith had her gown of unrelieved black looped up with black birds; and a winged creature, so dusky that it could have been intended for nothing but a Crow, reposed among the curls and braids of her hair."

Ah, those were the halcyon days of the feather trade! Now and then a voice cried out at the slaughter, or hands were raised at the sight of the horrible shambles, but there were no laws to prevent the killing nor was there any strong public sentiment to demand its cessation, while on the other hand more riches yet lay in store for the hunter and the merchant. There were no laws whatever to protect these birds, nor was there for a time any man of force to start a crusade against the evil.

The Story of the Egrets.—The most shameless blot on the history of America's treatment of the wild birds is in connection with the White Egrets. It is from the backs of these birds that the "aigrettes" come, so often seen on the hats of the fashionable. Years ago, as a boy in Florida, I first had an opportunity to observe the methods employed by the feather hunters in collecting these aigrettes which are the nuptial plumes of the bird and are to be found on birds only in the spring. As a rare treat I was permitted to accept the invitation extended by a squirrel hunter to accompany him to the nesting haunts of a colony of these birds. Away we went in the gray dawn of a summer morning through the pine barrens of southern Florida until the heavy swamps of Horse Hammock were reached. I remember following with intense interest the description given by my companion of how these birds with magnificent snowy plumage would come flying in over the dark forest high in air and then volplane to the little pond where, in the heavily massed bushes, their nests were thickly clustered. With vivid distinctness he imitated the cackling notes of the old birds as they settled on their nests, and the shrill cries of the little ones, as on unsteady legs they reached upward for their food.

Keen indeed was the disappointment that awaited me. With great care we approached the spot and with caution worked our way to the very edge of the pond. For many minutes we waited, but no life was visible about the buttonwood bushes which held the nests—no old birds like fragments of fleecy clouds came floating in over the dark canopy of cypress trees. My companion, wise in the ways of hunters, as well as the habits of birds, suspected something wrong and presently found nearby the body of an Egret lying on the ground, its back, from which the skin bearing the fatal aigrettes had been torn, raw and bloody. A little farther along we came to the remains of a second and then a third, and still farther on, a fourth. As we approached, we were warned of the proximity of each ghastly spectacle by the hideous buzzing of green flies swarming over the lifeless forms of the parent birds.

At one place, beneath a small palmetto bush, we found the body of an Egret which the hunters had overlooked. Falling to the ground sorely wounded, it had escaped its enemies by crawling to this hiding-place. Its appearance showed the suffering which it had endured. The ground was bare where in its death agonies it had beaten the earth with its wings. The feathers on the head and neck were raised and the bill was buried among the blood-clotted feathers of its breast. On the higher ground we discovered some straw and the embers of a campfire, giving evidence of the recent presence of the plume hunters. Examination of the nests over the pond revealed numerous young, many of which were now past suffering; others, however, were still alive and were faintly calling for food which the dead parents could never bring. Later inquiry developed the fact that the plumes taken from the backs of these parent birds were shipped to one of the large millinery houses in New York, where in due time they were placed on the market as "aigrettes," and of course subsequently purchased and worn by fashionable women, as well as by young and old women of moderate incomes, who sacrifice much for this millinery luxury.

There were at that time to be found in Florida many hundreds of colonies of these beautiful birds, but their feathers commanded a large price and offered a most tempting inducement for local hunters to shoot them. Many of the men of the region were poor, and the rich harvest which awaited them was very inviting. At that time gunners received from seventy-five cents to one dollar and a quarter for the "scalp" of each bird, which ordinarily contained forty or more plume feathers. These birds were not confined to Florida, but in the breeding season were to be found in swampy regions of the Atlantic Coast as far north as New Jersey, some being discovered carrying sticks for their nests on Long Island.

Civilized nations to-day decry any method of warfare which results in the killing of women and children, but the story of the aigrette trade deals with the slaughter of innocents by the slow process of starvation, a method which history shows has never been followed by even the most savage race of men dealing with their most hated enemies. This war of extermination which was carried forward unchecked for years could mean but one thing, namely, the rapid disappearance of the Egrets in the United States. As nesting birds, they have disappeared from New Jersey, Maryland, and Virginia, and also those States of the central Mississippi Valley where they were at one time to be found in great numbers.

Amateur Feather Hunters.—Quite aside from the professional millinery feather hunter there should be mentioned the criminal slaughter of birds which has been indulged in by individuals who have killed them for the uses of their own lady friends. I know one Brown Pelican colony which was visited by a tourist who shot four hundred of the big, harmless, inoffensive creatures in order to get a small strip of skin on either side of the body. He explained to his boatmen, who did the skinning for him, that he was curious to see if these strips of skin with their feathers would not make an interesting coat for his wife. The birds killed were all caring for their young in the nests at the time he and his hirelings shot them.

There was a few years ago, in a Georgia city, an attorney who accepted the aigrette "scalps" of twenty-seven Egrets from a client who was unable to pay cash for a small service rendered. He told me he had much pleasure in distributing these among his lady friends. Another man went about the neighbourhood hunting male Baltimore Orioles until he had shot twelve, as he wanted his sisters to have six each for their Sunday hats. The Roseate Spoonbill of the Southern States was never extensively killed for the millinery trade, and yet to-day it is rapidly approaching extinction. The feathers begin to fade in a short time and for this reason have little commercial value, but the amateur Northern tourist feather hunter has not known this, or disregarded the fact, and has been the cause of the depletion of the species in the United States. Almost every one could cite instances similar to the above, for there are many people in the United States who are guilty of taking part in the destruction of birds for millinery purposes. In addition to the feathers of American birds already mentioned the feathers of certain foreign species have been very much in demand.

Paradise Plumes—One of the most popular foreign feathers brought to this country is the Paradise. There are at least nine species of Paradise Birds found in New Guinea and surrounding regions that furnish this product. The males are adorned with long, curved delicate feathers which are gorgeously coloured. As in the case of all other wild birds there is no way of getting the feathers except by killing the owners. Much of this is done by natives who shoot them down with little arrows blown through long hollow reeds. The high price paid for these feathers has been the occasion of the almost total extinction of some of the species, as indicated by the decreased number of feathers offered at the famous annual London Feather Sales. Travellers in the regions inhabited by the birds speak of the distressing effect of the continuous calls of the bereft females as they fly about in the forests during the mating season. As a high-priced adornment the Paradise is the one rival of the famous aigrette.

Maribou.—The Maribou which has been fashionable for a number of years past comes principally from the Maribou Stork of Africa. These white, fluffy, downlike feathers grow on the lower underpart of the body of the Maribou Stork. These birds are found in the more open parts of the country. Their food consists of such small forms of life as may readily be found in the savannas and marshes. To some extent they also feed like vultures on the remains of larger animals.

Pheasants.—The long tail feathers of Pheasants have been much in demand by the millinery trade during the past ten years. Although several species contribute to the supply, the majority are from the Chinese Pheasant, or a similar hybrid descendent known as the English Ring-necked Pheasant. Many of these feathers have been collected in Europe, where the birds are extensively reared and shot on great game preserves; vast numbers, however, have come from China. Oddly enough in that country the birds were originally little disturbed by the natives, who seem not to care for meat. Then came the demand for feathers, and the birds have since been killed for this purpose to an appalling extent.

Numidie.—This popular hat decoration suddenly appeared on our market in great numbers a few years ago. It is taken from the Manchurian Eared Pheasant of northern China. Unless the demand for these feathers is overcome in some way there will undoubtedly come a day in the not-distant future when the name of this bird must be added to the lengthening list of species that have been sacrificed to the greed of the shortsightedness of man.

Goura.—The fashionable and expensive hat decoration which passes under the trade name of Goura consists of the slender feathers, usually four or five inches long with a greatly enlarged tip, that grows out fanlike along a line down the centre of the head and nape of certain large Ground Pigeons that inhabit New Guinea and adjacent islands. Perhaps the best-known species is the Crowned Pigeon.

There is a special trade name for the feathers of almost every kind of bird known in the millinery business. Thus there is Coque for Black Cock, Cross Aigrettes for the little plumes of the Snowy Egret, and Eagle Quills from the wings not only of Eagles, but of Bustards, Pelicans, Albatrosses, Bush Turkeys, and even Turkey Buzzards. The feathers of Macaws in great numbers are used in the feather trade, as well as hundreds of thousands of Hummingbirds, and other bright-coloured birds of the tropics.

Women's Love for Feathers.—One of the most coveted and easily acquired feminine adornments has been feathers. At first these were probably taken almost wholly from birds killed for food, but later, when civilization became more complex and resourceful, millinery dealers searched the ends of the earth to supply the demands of discriminating women. The chief reason why it has been so difficult to induce educated and cultivated women of this age to give up the heartless practice of wearing feathers seems to be the fact that the desire and necessity for adornment developed through the centuries has become so strong as to be really an inherent part of their natures. It is doubtful if many people realize how strong and all-powerful this desire for conforming to fashion in the matter of dress sits enthroned in the hearts of tens of thousands of good women.

There was a time when I thought that any woman with human instincts would give up the wearing of feathers at once upon being told of the barbaric cruelties involved in their acquisition. But I have learned to my amazement that such is not the case. Not long ago I received one of the shocks of my life. Somewhat over two years ago a young woman came to work in our office. I supposed she had never heard, except casually, of the great scourge of the millinery trade in feathers. Since that time, however, she has been in daily touch with all the important efforts made in this country and abroad to legislate the traffic out of existence, to guard from the plume hunters the colonies of Egrets and other water birds, and to educate public sentiment to a proper appreciation of the importance of bird protection. She has typewritten a four-hundred-page book on birds and bird protection, has acknowledged the receipt of letters from the wardens telling of desperate rifle battles that they have had with poachers, and written letters to the widow of one of our agents shot to death while guarding a Florida bird rookery. In the heat of campaigns she has worked overtime and on holidays. I have never known a woman who laboured more conscientiously or was apparently more interested in the work. Frequently her eyes would open wide and she would express resentment when reports reached the office of the atrocities perpetrated on wild birds by the heartless agents of the feather trade. Recently she married and left us. Last week she called at the office, looking very beautiful and radiant. After a few moments' conversation she approached the subject which evidently lay close to her heart. Indicating a cluster of paradise aigrettes kept in the office for exhibition purposes, she looked me straight in the face and in the most frank and guileless manner asked me to sell them to her for her new hat! The rest of the day I was of little service to the world.

What was the good of all the long years of unceasing effort to induce women to stop wearing bird feathers, if this was a fair example of results? Of all the women I knew, there was no one who had been in a position to learn more of the facts regarding bird slaughter than this one; yet it seems that it had never entered her mind to make a personal application of the lesson she had learned. The education and restraint of legislative enactments were all meant for other people.

Ostrich Feathers Are Desirable.—How is this deep-seated desire and demand for feathers to be met? Domestic fowls will in part supply it; but for the finer ornaments we must turn to the Ostrich, the only bird in the world which has been domesticated exclusively for its feather product. These birds were formerly found wild in Arabia, southwestern Persia, and practically the whole of Africa. In diminishing numbers they are still to be met with in these regions, especially in the unsettled parts of Africa north of the Orange River. From early times the plumes of these avian giants have been in demand for head decorations, and for centuries the people of Asia and Africa killed the birds for this purpose. They were captured chiefly by means of pitfalls, for a long-legged bird which in full flight can cover twenty-five feet at a stride is not easily overtaken, even with the Arabs' finest steeds.

So far as there is any record, young Ostriches were first captured and enclosed with a view of rearing them for profit in the year 1857. This occurred in South Africa. During the years which have since elapsed, the raising of Ostriches and the exportation of their plumes has become one of the chief business enterprises of South Africa. Very naturally people in other parts of the world wished to engage in a similar enterprise when they saw with what success the undertaking was crowned in the home country of the Ostrich. A few hundred fine breeding birds and a considerable number of eggs were purchased by adventurous spirits and exported, with the result that Ostrich farms soon sprang up in widely separated localities over the earth. The lawmakers of Cape Colony looked askance at these competitors and soon prohibited Ostrich exportation. Before these drastic measures were taken, however, a sufficient number of birds had been removed to other countries to assure the future growth of the industry in various regions of the world. It was in 1882 that these birds were first brought to the United States for breeding purposes. To-day there are Ostrich farms at Los Angeles, San Diego, and San JosÉ, California; Hot Springs, Arkansas; Jacksonville, Florida; Phoenix, Arizona, and elsewhere.

There is money to be made in the Ostrich business, for the wing and tail plumes of this bird are as popular to-day for human adornment as they were in the days of Sheerkohf, the gorgeous lion of the mountain. Even low-grade feathers command a good price for use in the manufacture of boas, feather bands, trimming for doll's hats, and other secondary purposes. When the time comes for plucking the feathers, the Ostriches are driven one at a time into a V-shaped corral just large enough to admit the bird's body and the workman. Here a long, slender hood is slipped over his head and the wildest bird instantly becomes docile. Evidently he regards himself as effectively hidden and secure from all the terrors of earth. There is no pain whatever attached to the taking of Ostrich feathers, for they are merely clipped from the bird by means of scissors. A month or two later when the stubs of the quills have become dry they are readily picked from the wings without injury to the new feathers.

The Ostrich industry is good and it is worthy of encouragement. No woman need fear that she is aiding in any way the destruction of birds by wearing Ostrich plumes. There are many more of the birds in the world to-day than there were when their domestication first began, and probably no wild African or Asiatic Ostriches are now shot or trapped for their plumes. The product seen in our stores all comes from strong, happy birds hatched and reared in captivity. Use of their feathers does not entail the sacrifice of life, nor does it cause the slightest suffering to the Ostrich; taking plumes from an Ostrich being no more painful to the bird than shearing is to a sheep and does not cause it half the alarm a sheep often exhibits at shearing time.

The call for feather finery rings so loudly in the hearts of women that it will probably never cease to be heard, and it is the Ostrich—the big, ungainly yet graceful Ostrich—which must supply the demand for high-grade feathers of the future.

CHAPTER IX

BIRD-PROTECTIVE LAWS AND THEIR ENFORCEMENT—
HOW LAWS ARE MADE

Laws for the protection of wild birds and animals have been enacted in greater numbers in the United States than in any other country in the world. In a Government Bulletin on American Game Protection, Dr. T. S. Palmer states that the earliest game laws were probably the hunting privileges granted in 1629 by the West India Company to persons planting colonies in the New Netherlands, and the provisions granting the right of hunting in the Massachusetts Bay Colonial Ordinance of 1647. As soon as the United States Government was formed, in 1776, the various States began to make laws on the subject, and these have increased in numbers with the passing of years. For example, between the years 1901 to 1910, North Carolina alone passed three hundred and six different game laws. As various forms of game birds or animals showed indications of decreasing in numbers new laws were called into existence in an attempt to conserve the supply for the benefit of the people. Not infrequently laws were passed offering bounties or otherwise encouraging the killing of wolves, pumas, and other predatory animals, or of birds regarded as injurious to growing crops or to poultry raising.

State laws intended primarily for the protection of wild life may be grouped as follows: (1) naming the time of the year when various kinds of game may be hunted; these hunting periods are called "open seasons." (2) The prohibition of certain methods formally employed in taking game, as, for example, netting, trapping, and shooting at night. (3) Prohibiting or regulating the sale of game. By destroying the market the incentive for much excessive killing is removed. (4) Bag limit; that is, indicating the number of birds or animals that may be shot in a day; for example, in Louisiana one may kill twenty-five Ducks in a day, and in Arizona one may shoot two male deer in a season. (5) Providing protection at all seasons for useful birds not recognized as game species.

Definition of Game.—Game animals as defined today include bears, coons, deer, mountain sheep, caribou, cougars, musk oxen, white goats, rabbits, squirrels, opossums, wolves, antelopes, and moose. Game birds include Swans, Geese, Ducks, Rails, Coots, Woodcocks, Snipes, Plovers, Curlews, Wild Turkeys, Grouse, Pheasants, Partridges, and Quails. Sometimes other birds or animals have been regarded as game. Robins and Mourning Doves, for example, are still shot in some of the Southern States as game birds.

The Audubon Law.—Little was done in the way of securing laws for the benefit of song and insectivorous birds and birds of plumage until 1886, when the bird-protection committee of the American Ornithologists' Union drafted a bill for this specific purpose. This bill, besides extending protection to all useful non-game birds, gave the first clear statutory terminology for defining "game birds." It also provided for the issuing of permits for the collecting of wild birds and their eggs for scientific purposes. The States of New York and Massachusetts that year adopted the law. Arkansas followed eleven years later, but it was not until the Audubon Society workers took up the subject in 1909 that any special headway was made in getting States to pass this measure. To-day it is on the statute books of all the States of the Union but eight, and is generally known as the Audubon Law.

Game Law Enforcement.—In all the States but Florida there are special State officers charged with enforcing the bird and game protective laws. Usually there is a Game Commission of three or more members whose duty it is to select an executive officer who in turn appoints game wardens throughout the State. These men in some cases are paid salaries, in others they receive only a per diem wage or receive certain fees for convictions. License fees are usually required of hunters, and the moneys thus collected form the basis of a fund used for paying the wardens and meeting the other expenses incident to the game law enforcement.

The Lacey Law.—The Federal Government is taking a share of the responsibility in preserving the wild life of the Union.

On July 2, 1897, Congressman Lacey introduced in the House a bill to prohibit the export of big game from some of the Western States. In 1909 amendments were made to the Lacey Law, one of which prohibited the shipment of birds or parts thereof from a State in which they had been illegally killed, or from which it was illegal to ship them. The enforcement of this by Federal officers has been most efficacious in breaking up a great system of smuggling Quails, Grouse, Ducks, and other game birds.

Federal Migratory Bird Law.—Probably the most important game law as yet enacted in the United States is the one known as the Federal Migratory Game Law or the McLean Law. A somewhat extended discussion of this important measure seems justifiable at this time.

When, in 1913, the first breath of autumn swept over the tule sloughs and reedy lakes of the North-west, the wild fowl and shore birds of that vast region rose in clouds, and by stages began to journey toward their winter quarters beneath Southern skies. If the older birds that had often taken the same trip thought anything about the subject, they must have been impressed, when they crossed the border into the United States, with the fact that changes had taken place in reference to shooting.

It is true that in Minnesota, for instance, the firing of guns began in September, as in other years; but those Ducks that reached the Mississippi River below St. Paul found no one waiting to kill them. As they proceeded, by occasional flights, farther down the river there was still a marked absence of gunners. The same conditions prevailed all the way down the valley until the sunken grounds of Arkansas and Mississippi came into view. What did this mean? Heretofore, at this season, hunters had always lined the river. This had been the case ever since the oldest Duck could remember. The Missouri River, too, was free from shooting throughout the greater part of its length, which was sufficient cause for many a grateful quack.

What was the reason for this great change? Had the killing of wild fowl suddenly lost its attraction for those who had been accustomed to seek pleasure afield with gun and decoys? No, indeed, banish the thought, for it is written that so long as man shall live, Wild Duck shall grace his table and gratify his palate.

The remarkable changes which had so affected the fortunes of the wild fowl were due to the enactment of a United States law known as the Federal Migratory Game Law. Let us see something of this law and of what led to its establishment.

History of Game Laws.—When the United States of America became a free and independent nation the lawmakers in various commonwealths soon addressed themselves to the task of enacting protective measures for insuring the continuance of the supply of desirable game birds and animals. But as the years went by, and the game showed every indication of continuing to decrease despite the measures that had been adopted for their benefit, other and more stringent game laws were enacted.

In the fullness of time there came into being in every state in the Union an extensive, complex system of prohibitive measures regarding seasons for hunting, methods of killing, size of bag limit, restrictions on sale, and limiting the kinds of game that might be killed.

Many states also went into the business of rearing, in a condition of semi-captivity. Pheasants, grouse, Hungarian Partridges, Quail, Ducks, and some other species of birds highly esteemed as food, the object of this being to restock covers that had been depleted of bird-life by excessive shooting, or to supply new attraction for field-sports in regions where other game was limited.

Theoretically the methods adopted by the several states were sure to keep the numbers of game birds up to a point where a reasonable amount of sport might be engaged in by those of our citizens who enjoy the excitement and recreation of going afield with gun and dog. It could easily be proven on paper that by judiciously regulating the shooting, and having this conform to the available game supply, every state could at one and the same time preserve the different species, and furnish satisfactory shooting for its sportsmen.

But in practice the theory failed to work as expected; the gunners were on hand every fall in increasing numbers but the birds continued to grow scarcer.

In the vernacular of the sportsman, birds that may legitimately be shot are divided for convenience into three groups, viz., upland game birds, water fowl, and shore birds. It is in reference to the fortunes of the water fowl and shore birds that the greatest apprehension has been felt. Approximately all of the species concerned are of migratory habits. The open seasons when these may be hunted vary greatly in different states and all attempts to get anything like uniform laws in the various hunting territories have been attended with failure.

It became clear in time that the most important action that could be taken to conserve these birds was to prohibit shooting during the spring migration, when the birds were on their way to their northern breeding grounds. Some states adopted this measure and the results bore out the predictions of those who urged the passage of such laws. New York State, for example, tried the experiment, and within two years thousands of Black Ducks were breeding where for a long time they had not been known to occur in summer. So the feeling became general among bird protectors that it would be an excellent thing if spring shooting of all migratory game birds should be stopped everywhere. But the legislatures of many states paid small heed to the little minority of their constituents who voiced such sentiments, and the problem of how to bring about the desired results remained unsolved.

The Theory of Shiras.—In the year 1904 a United States Congressman announced to the country that he had found the proper solution for settling once and for all the question of spring shooting, and for putting to an end the ceaseless wrangling that continually went on in the various legislatures when the subject was brought up. This gentleman, George Shiras, 3rd, planned to cut the Gordian knot by turning over to the Federal Government the entire subject of making laws regarding the killing of migratory game birds.

In December that year he introduced a bill in Congress covering his ideas on the subject. This radical proposition created merriment in certain legal circles. Was it not written in the statutes of nearly every state that the birds and game belong to the people of the state? Therefore what had the Government to do with the subject? Furthermore, were there not numerous court decisions upholding the authority of the states in their declarations of ownership of the birds and game? Others saw in this move only another attempt toward increasing the power of the central government, and depriving the states further of their inalienable rights. This remarkable document was discussed to some extent but nothing was done. Four years later Congressman John W. Weeks reintroduced the bill with slight modifications. Nothing came of this any more than of the bill that he started going in 1909. In 1911 he again brought forward this pet measure toward which Congress had so often turned a cold shoulder. Senator George P. McLean set a similar bill afloat in the troubled waters of the Senate. Nothing happened, however, until the spring of 1912, when committee hearings were given on these bills in both branches of Congress. Representatives of more than thirty organizations interested in conservation appeared and eloquently sought to impress the national lawmakers with the importance and desirability of the measure. Both bills were intended for the protection of migratory game birds only, but the representative of the National Association of Audubon Societies urged that the bills be extended to include all migratory insect-eating birds, because of their value to agriculture. This suggestion was adopted and after a stiff fight in Congress the McLean Bill became a law on March 4, 1913.

This new federal statute did not in itself change any of the existing game laws, but it gave authority to certain functionaries to make such regulations as they deemed wise, necessary, and proper to extend better protection to all migratory game and insect-eating birds in the United States. The Secretary of Agriculture, to whose department this unusual duty was assigned, read the law thoughtfully, concluded that the task did not come within the bounds of his personal capabilities, and very wisely turned the whole matter over to a committee of three experts chosen from one of the department bureaus and known as the Biological Survey.

The Work of the Committee.—This committee at once began the preparation of a series of regulations to give effect to the new statute. Drawing extensively from the records stored in the Survey offices, and seasoning these with their own good judgment and knowledge of existing conditions, they brought out in a period of three months and nine days, or to be more precise, on June 23, 1913, a set of ten regulations which, in many ways, have revolutionized shooting in the United States.

These were printed in pamphlet form and distributed widely; for before they could have the effect of laws it was necessary that they should be advertised for a period of at least three months in order to give all dissatisfied parties an opportunity to be heard.

The whole idea of the Government taking over the matter of protecting migratory birds, as well as the startling character of some of the regulations promulgated by the committee was justly expected to bring forth either great shouts of approbation or a storm of disapproval, and possibly both sounds might be heard. As long experience has shown that it is necessary to have public opinion approve of a game law if it is to be effective, one can well understand that, following the mailing of the circular of rules, these gentlemen of the committee stood with hand to brow and anxiously scanned the distant horizon. Nor did they have long to wait before critical rumblings began to be heard in many directions, for it is always hard for men to give up privileges which they have once enjoyed.

In fact, as the committee waited, the sky began rapidly to fill with interrogation points; for it has ever been the case that the dissatisfied ones of earth are louder in their objections than are the satisfied ones in their commendations.

As a matter of fact, the regulations on the whole were remarkable for their clearness, directness, and fairness. They came nearer being formed for the benefit of the birds instead of for the pleasure and convenience of the hunters, than any general far-reaching bird-protective measure, which has been enacted in this country.

For the purpose of the regulations, migratory game birds were defined as Ducks, Geese, Swans, Rails, Coots, Pigeons, Cranes, and shore birds, which included Plover, Snipe, Woodcock, and Sandpipers. Migratory insectivorous birds were enumerated as Thrushes, Orioles, Larks, Swallows, Wrens, Woodpeckers, and all other perching birds that feed entirely or chiefly on insects.

Having thus conveniently classified migratory birds into two easily comprehensible and distinguishable groups, the way was open to deal with them separately and distinctively. Therefore, after declaring it to be illegal to kill any bird of either class between sunset and sunrise, the regulations went on to state that insect-eating birds shall not be killed in any place or in any manner, even in the daytime.

Among other things this provision, by one stroke, completed the campaign which the Audubon Society had been waging for long years on behalf of the Robin. In Maryland, North Carolina, Mississippi, Louisiana and Tennessee, the Robin-potpie-loving inhabitants must in future content themselves with such game birds as Quail, Grouse, Wild Turkeys, and Ducks. The life of Sir Robin Redbreast has now been declared to be sacred everywhere. He and his mate are to dwell beneath the protection of the strong arm of the United States Government. Another feature of the Audubon work was also completed by this section of the new regulations. This is the safeguarding of all song and insect-eating birds in the States of Montana, Idaho, Nevada, Utah, Arizona, Nebraska, Kansas, and New Mexico, constituting the group of states whose legislatures had thus far withstood the importunities of the Audubon workers to extend protection to such birds.

Regulation Number Four provided for an absolute closed hunting season on sixty-two species of water birds until September, 1918.

The above includes what we might call some of the minor regulations proposed by the Biological Survey Committee. Then comes the big regulation, the one which was of absorbing interest to every member of the vast army of five million hunters in the United States. This is the regulation which divides the country into zones and prescribes the shooting seasons in each. Touching on this point the Government experts already mentioned gave out this statement by way of explanation:

Government Explanations.—"More than fifty separate seasons for migratory birds were provided under statutes in force in 1912. This multiplicity of regulations of zones to suit special localities has apparently had anything but a beneficial effect on the abundance of game. The effort to provide special seasons for each kind of game in each locality merely makes a chain of open seasons for migratory birds and allows the continued destruction of such birds from the beginning of the first season to the close of the last. It is believed that better results will follow the adoption of the fewest possible number of zones and so regulating the seasons in each as to include the time when such species is in the best condition or at the maximum of abundance during the autumn. For this reason the country has been divided into two zones, as nearly equal as possible, one to include the states in which migratory game birds breed, or would breed if given reasonable protection, the other the states in which comparatively few species breed, but in which many winter. Within these zones the seasons are fixed for the principal natural groups, water fowl, Rails, shore birds, and Woodcock. In no case does the zone boundary cross a state line, and except in very rare cases the seasons are uniform throughout the states."

With few changes the regulations were finally adopted. Wherever the federal law conflicted with a state law, the former was regarded as supreme, and to make things more generally uniform the states have since been changing their laws to conform to the Government regulations. After being tried out for three years these rules recently were modified by making five shooting zones and altering certain other provisions. These last regulations which became effective on August 21, 1916, to-day stand as the law of the land affecting migratory birds.

To the United States Biological Survey was intrusted the task of enforcing the law by means of game wardens and other officials. That is, the survey was to collect the evidence in cases of violations, and the prosecutions were to be conducted by the Department of Justice. To enable these officials to execute the law, Congress has appropriated $50,000 annually—which is just about one tenth the minimum amount needed for the purpose. This paltry sum has been expended as judiciously as possible with marked results for good. Trouble, however, soon developed in the courts. One autumn day Harvey C. Schauver went a-hunting on Big Lake, Arkansas, and finding no Ducks handy he shot a Coot, which was against the law. When the case came up in the Federal Court of Eastern Arkansas, the judge who presided declared that the federal law under which the defendant was being tried was unconstitutional, and wrote a lengthy decision, giving his reasons for holding this view. Within the next two months two other federal courts rendered similar decisions.

At this point the Department of Justice decided to bring no further cases to trial until the United States Supreme Court should pass on the constitutionality of the law, the Arkansas case having already been brought before this tribunal. At this writing the decision has not been rendered.

Only Bird Treaty in the World.—Early in the history of the operations of this law the possibilities of an adverse decision by the Supreme Court were considered by those interested in the measure, and a plan was found whereby all might not be lost if such a catastrophe should occur. The first movement in this new direction was made by Elihu Root on January 14, 1913, when he introduced in the Senate a resolution requesting the President to propose to the other governments the negotiation of a convention for the protection of birds. A proposed bird treaty between this country and Canada was then drawn up, and after much effort was brought to a successful issue and was finally ratified by Congress on September 29, 1916.

This treaty broadly covers the provisions of the Migratory Bird Law in this country, so if the Supreme Court declares the latter to be invalid the Government still stands committed to the principals of migratory bird-protection by virtue of the treaty.

So the long fight to stop spring shooting and provide short uniform closed seasons for shooting shore birds and wild fowl is drawing to a glorious conclusion.

To-day, in the history of wild-life conservation, we have before us the unusual spectacle of the United States Government taking a serious hand in a problem which had been found to be too difficult of solution by the different states working separately. Many of us believe this predicts a brighter day for the perpetuation of the wild life of our country.

CHAPTER X

BIRD RESERVATIONS

The creation of reservations where wild birds can be protected at all times is a modern idea, brought prominently to public attention by the efforts of the Audubon Society. The first interest that the United States Government manifested in the subject was about thirteen years ago. On May 29, 1901, the legislature of Florida was induced to enact a statute making it a misdemeanour to kill any non-game birds of the State with the exception of the Crow and a few other species regarded by the lawmakers as being injurious to man's interests.

First Federal Bird Reservation—Shortly afterward the Audubon Society friends employed a man to protect from the raids of tourists and feather hunters a large colony of Brown Pelicans that used for nesting purposes a small, muddy, mangrove-covered island in Indian River on the Atlantic Coast. Soon murmurings began to be heard. "Pelicans eat fish and should not be protected," declared one Floridan. "We need Pelican quills to sell to the feather dealers," chimed in another with a keen eye to the main chance. There was talk of repealing the law at the next session of the legislature, and the hearts of the Audubon workers were troubled. At first they thought of buying the island, so as to be in a position to protect its feathered inhabitants by preventing trespass. However, it proved to be unsurveyed Government land, and the idea was suggested of getting the Government to make a reservation for the protection of the birds. The matter was submitted to President Roosevelt, who no sooner ascertained the facts that the land was not suited for agricultural purposes, and that the Audubon Society would guard it, than with characteristic directness he issued the following remarkable edict: "It is hereby ordered that Pelican Island in Indian River is reserved and set apart for the use of the Department of Agriculture as a preserve and breeding ground for native birds."

The gist of this order, bearing the authorization of the Secretary of Agriculture, was quickly painted on a large sign, and placed on the island, where all who sailed near might read. Imagine the chagrin of the Audubon workers upon learning from their warden that when the Pelicans returned that season to occupy the island as before, they took one look at this declaration of the President and immediately departed, one and all, to a neighbouring island entirely outside of the reservation! Signs less alarming in size were substituted, and the Pelicans, their feelings appeased, condescended to return, and have since dwelt peacefully under the protecting care of the Government.

Congressional Sanction.—In view of the fact that some persons contended that the President had over-stepped his authority in making a bird reservation, a law was drafted, and passed by Congress, specifically giving protection to birds on lands set apart as National bird reservations. The legal difficulties thus removed, the way lay open for the creation of other bird reservations, and the Audubon Society seized the opportunity. Explorations were started to locate other Government territories containing important colonies of water birds. This work was quickly extended over many parts of the United States. Hunters of eggs and plumes were busy plying their trades wherever birds were known to assemble in great numbers, and the work had to be hurried if the birds were to be saved.

Mr. Frank M. Miller, of New Orleans, reported a case in which five thousand eggs had been broken on one Louisiana island inhabited by sea birds in order that fresh eggs might subsequently be gathered into the boats waiting at anchor off shore. No wonder that friends of water birds were profoundly concerned about their future welfare, and hailed with delight Mr. Roosevelt's quick action.

Mr. William Dutcher, President of the National Association of Audubon Societies, was so much pleased with the results achieved by the Federal reservation work of 1905, that he declared in his annual report that the existence of the Association was justified if it had done nothing more than secure Federal bird reservations and had helped to guard them during the breeding season.

That year President Roosevelt established four more bird refuges. One of these, Stump Lake, in North Dakota, became an important nursery for Gulls, Terns, Ducks, and Cormorants in summer, and a safe harbour for wild fowl during the spring and fall migrations. Huron Island and Siskiwit in Lake Superior, the homes of innumerable Herring Gulls, were made perpetual bird sanctuaries, and Audubon wardens took up their lonely watch to guard them against all comers.

Florida Reservations.—At the mouth of Tampa Bay, Florida, is a ninety-acre island, Passage Key. Here the wild bird life of the Gulf Coast has swarmed in the mating season since white man first knew the country. Thousands of Herons of various species, as well as Terns and shore birds, make this their home. Dainty little Ground Doves flutter in and out among the cactus on the sheltered sides of the sand dunes; Plovers and Sandpipers chase each other along the beaches, and the Burrowing Owls here hide in their holes by night and roam over the island by day.

When this place was described to President Roosevelt, he immediately declared that the birds must not be killed there without the consent of the Secretary of Agriculture. With one stroke of his pen he brought this desirable condition into existence, and Mrs. Asa Pillsbury was duly appointed to protect the island. She is one of the few women bird wardens in America.

These things happened in the early days of Government work for the protection of water birds. The Audubon Society had found a new field for endeavour, highly prolific in results. With the limited means at its command the work of ornithological exploration was carried forward. Every island, mud flat, and sand bar along the coast of the Mexican Gulf, from Texas to Key West, was visited by trained ornithologists who reported their findings to the New York office. These were forwarded to Washington for the approval of Dr. T. S. Palmer of the Biological Survey, and Frank Bond, of the General Land Office, where executive orders were prepared for the President's signature.

The Breton Island Reservation off the coast of Louisiana, including scores of islands and bars, was established in 1904. Six additional reservations were soon created along the west coast of Florida, thus extending a perpetual guardianship over the colonies of sea and coastwise birds in that territory—the pitiful remnants of vast rookeries despoiled to add to the profits of the millinery trade.

The work was early started in the West resulting in the Malheur Lake and Klamath Lake reservations of Oregon. The latter is to-day the summer home of myriads of Ducks, Geese, Grebes, White Pelicans, and other wild waterfowl, and never a week passes that the waters of the lake are not fretted with the prow of the Audubon patrol boat, as the watchful warden extends his vigil over the feathered wards of our Government.

Federal bird reservations have been formed not only of lakes with reedy margins and lonely islands in the sea, they have been made to include numerous Government reservoirs built in the arid regions of the West.

Distant Reservations.—Once set in motion, this movement for Federal bird reservations soon swept beyond the boundaries of the United States. One was established in Porto Rico, and several others among the islands of Alaska, on whose rocky cliffs may be seen to-day clouds of Puffins, Auks, and Guillemots—queer creatures that stand upright like a man—crowding and shouldering each other about on the ledges which overlook the dark waters of Bering Sea. One reservation in Alaska covers much of the lower delta of the Yukon, including the great tundra country south of the river, embracing within its borders a territory greater than the State of Connecticut. From the standpoint of preserving rare species of birds this is doubtless one of the most important reservations which has come into existence. It is here that many of the wild fowl, which frequent the California coast in winter, find a summer refuge safe alike from the bullet of the white man and the arrow of the Indian. Here it is that the lordly Emperor Goose is probably making his last stand on the American continent against the aggressions of the destructive white race.

Away out in the western group of the Hawaiian Archipelago are located some of the world's most famous colonies of birds. From remote regions of the Pacific sea birds journey hither when the instinct for mating is strong upon them. Here come "Love Birds" or White Terns, and Albatrosses, great winged wonders whose home is on the rolling deep. The number seems almost beyond belief to men and women unfamiliar with bird life in congested colonies. On February 3, 1909, these islands and reefs were included in an executive order whereby the "Hawaiian Island Reservation" was brought into existence. This is the largest of all our Government bird reserves. It extends through more than five degrees of longitude.

At intervals in the past these islands had been visited by vessels engaged in the feather trade, and although no funds were available for establishing a warden patrol among them, it was fondly hoped that the notice to the world that these birds were now wards of the United States would be sufficient to insure their safety.

A rude shock was felt, therefore, when late that year a rumour reached Washington that a Japanese poaching vessel had been sighted heading for these waters. The revenue cutter Thetis, then lying at Honolulu, was at once ordered on a cruise to the bird islands. Early in 1910 the vessel returned, bringing with her twenty-three Japanese feather hunters who had been captured at their work of destruction. In the hold of the vessel were stored two hundred and fifty-nine thousand pairs of wings, two and a half tons of baled feathers, and several large cases and boxes of stuffed birds. Had the Japanese escaped with their booty they would have realized over one hundred thousand dollars for their plunder. This island was again raided by feather collectors in the spring of 1915.

President Taft a Bird Protectionist.—President Taft continued the policy of creating bird reservations begun by Mr. Roosevelt, and a number were established during his administration. President Wilson likewise is a warm advocate of bird protection. One of many reservations he has created is the Panama Canal Zone, which is in charge of the Panama Canal Commission. With this exception and that of the Pribilof Reservation, which is in charge of the Bureau of Fisheries, all Government bird reservations are under the care of the Department of Agriculture, and their administration is directed by the Bureau of the Biological Survey. The National Association of Audubon Societies still contributes in a modest way to the financial support of some of the wardens. Below is given a full list of the Federal bird reservations created up to January, 1917, with the dates, and in the order of, their establishment:

LIST OF NATIONAL BIRD RESERVATIONS

Audubon Society Reservations.—It may be noted from this list that there are no Government bird reservations in the original thirteen colonies. The reason is that there are no Government waste lands containing bird colonies in these states. To protect the colony-breeding birds found there other means were necessary. The Audubon Society employs annually about sixty agents to guard in summer the more important groups of water birds along the Atlantic Coast and about some of the lakes of the interior. Water-bird colonies are usually situated on islands where the birds are comparatively free from the attacks of natural enemies; hence the question of guarding them resolves itself mainly into the question of keeping people from disturbing the birds during the late spring and summer months. Painted signs will not do this. Men hired for the purpose constitute the only adequate means. Some of the protected islands have been bought or leased by the Audubon Society, but in many cases they are still under private ownership and the privilege of placing a guard had to be obtained as a favour from the owner. Probably half a million breeding water birds now find protection in the Audubon reservations. On the islands off the Maine coast the principal birds safeguarded by this means are the Herring Gull, Arctic Tern, Wilson's Tern, Leach's Petrel, Black Guillemot, and Puffin. There are protected colonies of Terns on Long Island; of Terns and Laughing Gulls on the New Jersey coast; of Black Skimmers, and of various Terns, in Virginia and North Carolina.

One of the greatest struggles the Audubon Society has ever had has been to raise funds every year for the protection of the colonies of Egrets and Ibis in the South Atlantic States. The story of this fight is longer than can be told in one short chapter. The protected colonies are located mainly in the low swampy regions of North Carolina, South Carolina, Georgia, and Florida. I have been in many of these "rookeries" and know that the warden who undertakes to guard one of them takes his life in his hand. Perhaps a description of one will answer more or less for the twenty other Heron colonies the Society has under its care.

The Corkscrew Rookery.—Some time ago I visited the warden of this reservation, located in the edge of the "Big Cypress" Swamp thirty-two miles south of Ft. Myers, Florida. Arriving at the colony late in the evening, after having travelled thirty miles without seeing a human being or a human habitation, we killed a rattlesnake and proceeded to make camp. The shouting of a pair of Sandhill Cranes awakened us at daylight, and, to quote Greene, the warden, the sun was about "two hands high" when we started into the rookery. We crossed a glade two hundred yards wide and then entered the swamp. Progress was slow, for the footing was uncertain and the tall sawgrass cut our wrists and faces.

There are many things unspeakably stimulating about a journey in such a tropical swamp. You work your way through thick, tangled growths of water plants and hanging vines. You clamber over huge fallen logs damp with rank vegetation, and wade through a maze of cypress "knees." Unwittingly, you are sure to gather on your clothing a colony of ravenous ticks from some swaying branch. Redbugs bent on mischief scramble up on you by the score and bury themselves in your skin, while a cloud of mosquitoes waves behind you like a veil. In the sombre shadows through which you move you have a feeling that there are many unseen things that crawl and glide and fly, and a creepy feeling about the edges of your scalp becomes a familiar sensation. Once we came upon the trail of a bear and found the going easier when we waded on hands and knees through the opening its body had made.

In the more open places the water was completely covered with floating plants that Greene called "wild lettuce." These appeared to be uniform in size, and presented an absolutely level surface except in a few places where slight elevations indicated the presence of inquisitive alligators, whose gray eyes we knew were watching our movements through the lettuce leaves.

Although the swamp was unpleasant under foot, we had but to raise our eyes to behold a world of beauty. The purple blossoms of air plants, and the delicate petals of other orchids greeted us everywhere. From the boughs overhead long streamers of gray Spanish moss waved and beckoned in the breeze. Still higher, on gaunt branches of giant cypresses a hundred feet above our heads, great, grotesque Wood Ibises were standing on their nests, or taking flight for their feeding grounds a dozen miles southward.

We were now fairly in the midst of an immense bird city, and some of the inhabitants were veritable giants in the bird world. The body of a Wood Ibis is about the size of a Turkey hen. Its long, bare neck terminates in a most remarkable fashion, for the top of the head is not only innocent of feathers but also destitute of skin—"Flintheads," the people call the bird. Its bill is nearly ten inches long, slightly curved and very massive. Woe to the unlucky fish or luckless rat upon whom a blow falls from the Flinthead's heavy beak! There were probably one hundred thousand of these birds inhabiting Corkscrew Rookery at the time of my visit. There were also large colonies of the smaller White Ibis and several varieties of Heron. Eight of the almost extinct Roseate Spoonbills wheeled into view above the swamp, but quickly passed from sight.

The most interesting birds, those concerning which the Audubon Society is most solicitous, are the White Egrets. These snow-white models of grace and beauty have been persecuted for their plumes almost to the point of extermination, and here is situated the largest assemblage of them left in Florida.

"Those 'long whites' are never off my mind for a minute," said the warden, as we paused to watch some fly over. "Two men came to my camp last week who thought I didn't know them, but I did. They were old-time plume hunters. They said they were hunting cattle, but I knew better—they were after Egrets and came to see if I was on guard. I told them if they saw any one after plumes to pass the word that I would shoot on sight any man with a gun who attempted to enter the Corkscrew. I would do it, too," he added as he tapped the barrel of his Winchester. "It is terrible to hear the young birds calling for food after the old ones have been killed to get the feathers for rich women to wear. I am not going to have my birds sacrificed that way."

The teeming thousands of birds in this rookery feed their young to a more or less extent on fish, and from the nests many fragments fall into the mud and water below. In the wise economy of nature few objects of real value are suffered to go to waste. Resting on the water plants, coiled on logs, or festooned in the low bushes, numerous cotton-mouthed water-moccasins lie in wait. Silently and motionless they watch and listen, now and then raising their heads when a light splash tells them of the approach of some heedless frog, or of the falling of some dead fish like manna from the nests above. May is the dry season, and the low water of the swamp accounted in a measure for the unusual number of snakes to be seen. Exercising a fair amount of caution, I slew that morning fourteen poisonous reptiles, one of which measured more than five feet in length and had a girth I was just able to encompass with both hands.

Wardens Shot by Plume Hunters.—This is a region where the Audubon warden must constantly keep his lonely watch, for should he leave even for a short time there would be danger of the colony being raided and the protective work of many seasons wiped out. A successful shooting trip of plume hunters to the Corkscrew might well net the gunners as much as five thousand dollars, and in a country where money is scarce that would mean a magnificent fortune. The warden is fully alive to this fact, and is ever on the alert. Many of the plume hunters are desperate men, and he never knows what moment he may need to grasp his rifle to defend his life in the shadows of the Big Cypress, where alligators and vultures would make short shrift of his remains.

He remembers, as he goes his rounds among the birds day by day, or lies in his tent at night, that a little way to the south, on a lonely sand key, lies buried Guy Bradley, who was done to death by plume hunters while guarding for the Audubon Society the Cuthbert Egret Rookery. On Orange Lake, northward, the warden in charge still carries in his body a bullet from a plume gatherer's gun. Only three days before my visit Greene's nearest brother warden on duty at the Alligator Bay Colony had a desperate rifle battle with four poachers who, in defiance of law and decency, attempted to shoot the Egrets which he was paid to protect.

I like to think of Greene as I saw him the last night in camp, his brown, lean face aglow with interest as he told me many things about the birds he guarded. The next day I was to leave him, and night after night he would sit by his fire, a lonely representative of the Audubon Society away down there on the edge of the Big Cypress, standing as best he could between the lives of the birds he loved and the insatiable greed of Fashion.

CHAPTER XI

MAKING BIRD SANCTUARIES

The best place to study wild birds is on a reservation, for there birds have greatly lost their fear of man, and primitive conditions have been largely restored. In one of the southern sea-bird colonies I have photographed Royal Terns standing unafraid on the sands not twelve feet distant. They had become so accustomed to the warden in charge that they had regained their confidence in man. At Lake Worth I saw a gentleman feed Scaup Ducks that swam to within two yards of his boat. In thousands of dooryards throughout the country wild birds, won by kind treatment, now take their food or drink within a few feet of their human protectors. The dooryards have become little bird reservations. I have several friends who regularly feed Chickadees in winter, perched on their outstretched hands. It is astonishing how quickly wild creatures respond to a reasonable treatment. This may readily be learned by any householder who will try the experiment. With a little patience any teacher can instruct her pupils in the simple art of making the birds feel at home in the vicinity of the schoolhouse.

Natural Nesting Places Destroyed.—Some kinds of birds, as far back as we know their history, have built their nests in the holes of trees. Woodpeckers have strong, chisel-shaped bills and are able to excavate nesting cavities, but there are others that do not possess such tools. These must depend on finding the abandoned hole of some Woodpecker, or the natural hollow of some tree. It not infrequently happens that such birds are obliged to search far and wide for a hole in which they can make their abode. It is customary for those who take care of lawns and city parks to chop away and remove all dead limbs or dead trees. As very few Woodpeckers ever attempt to dig a nesting hole in a living tree, such work of the axeman means that when the season comes for the rearing of young, all mated Woodpeckers must move on to where more natural conditions await them. This results in an abnormal reduction of the number of holes for the use of the weaker-billed hole-nesting species, and they must seek the few available hollows or knot-holes. Even these places are often taken away from them, for along comes the tree doctor, who, in his purpose of aiding to preserve the trees, fills up the natural openings with cement and the birds are literally left out in the cold. It is plainly to be seen, therefore, that one reason why more birds do not remain in our towns through the spring months is the absence of places where they can lay their eggs and rear their young.

Nesting Boxes for Birds.—To overcome this difficulty the Audubon Society several years ago began to advocate the erection of suitable nesting boxes, and to-day the practice is gaining wide usage. More persons every year are putting such boxes upon poles or nailing them to trees about their homes, and some city authorities include bird boxes in the annual expenditure for the care of public parks. It was not much more than a decade ago that the first serious commercial attempt was made to place bird boxes on the market. To-day there are not less than twenty firms engaged in their manufacture. Some of the boxes are very ornate and make beautiful additions even to the most carefully kept estate. One can buy them at prices varying from thirty-five cents to thirty-five dollars each. Among the many responsible manufacturers that may be recommended are:

The Crescent Company, "Birdville," Toms River, New Jersey; Pinedale Bird Nesting Box Company, Wareham, Massachusetts; The Audubon Bird House Company, Meriden, New Hampshire; Maplewood Biologica Laboratory, Stamford, Connecticut; Jacobs Bird House Company, 404 South Washington St., Waynesburg, Pa.; Decker Brothers, Rhinebeck, New York; Winthrop Packard, Canton, Massachusetts.

It is not necessary, however, to buy boxes to put up for birds. Equally useful ones can be made in the Manual Training Department of any school, or in the basement or woodshed at home. If you do not know how to begin, you should buy one bird box and construct others similar for yourself. Men sometimes make the mistake of thinking it is absolutely necessary that such boxes should conform strictly to certain set dimensions. Remember that the cavities in trees and stumps, which birds naturally use, show a wide variety in size, shape, and location. A many-roomed, well-painted Martin house makes a pleasing appearance in the landscape, but may not be attractive to the Martins. As a boy I built up a colony of more than fifteen pairs of these birds by the simple device of rudely partitioning a couple of soap boxes. The entrances to the different rooms were neither uniform in size nor in shape, but were such as an untrained boy could cut out with a hatchet. A dozen gourds, each with a large hole in the side, completed the tenements for this well-contented Martin community.

Some Rules for Making and Erecting Bird Boxes.—Here are a few simple rules on the making and placing of bird boxes:

1. In all nest boxes, except those designed for Martins, the opening should be several inches above the floor, thus conforming to the general plan of a Woodpecker's hole, or natural cavity in a tree.

2. As a rule nest boxes should be erected on poles from ten to thirty feet from the ground, or fastened to the sides of trees where limbs do not interfere with the outlook. The main exception is in the case of Wrens, whose boxes or gourds can be nailed or wired in fruit trees or to the side of buildings.

3. Martin houses should be erected on poles at least twenty feet high, placed well out in the open, not less than one hundred feet from buildings or large trees.

4. All boxes should be taken down after the nesting season and the old nesting material removed.

Size of Bird Boxes.—As to the size of nesting boxes for various species, and the diameter of the entrance hole, I cannot do better than give the dimensions prepared by Ned Dearborn, of the United States Department of Agriculture, Washington, D. C.

[1] One or more sides open.

[2] All sides open.

The foregoing list does not contain the names of all the kinds of birds which have thus far been induced to occupy these artificial nesting sites, but it has most of them. It should be remembered that hole-nesting birds are the only kind that will ever use a bird box. One need not expect a Meadowlark to leave its nest in the grass for a box on a pole, nor imagine that an Oriole will give up the practice of weaving its swinging cradle on an elm limb to go into a box nailed to the side of the tree.

Feeding Birds.—Much can be done to bring birds about the home or the schoolhouse by placing food where they can readily get it. The majority of land birds that pass the winter in Canada or in the colder parts of the United States feed mainly upon seeds. Cracked corn, wheat, rice, sunflower seed, hemp seed, and bird seed, purchased readily in any town, are, therefore, exceedingly attractive articles of diet. Bread crumbs are enjoyed by many species. Food should not be thrown out on the snow unless there is a crust on it or the snow has been well trampled down. Usually it should be placed on boards. Various feeding plans have been devised to prevent the food from being covered or washed away by snow or rain. Detailed explanations of these can be found in Bulletin No. 1, "Attracting Birds About the Home," issued by the National Association of Audubon Societies. Suet wired to the limb of a tree on the lawn will give comfort and nourishment to many a Chickadee, Nuthatch and Downy Woodpecker. To make a bird sanctuary nesting sites and food are the first requirements. There appears to be no reason why town and city parks should not be made into places of great attraction for the wild birds.

Community Sanctuaries.—At Meriden, New Hampshire, there is a tract of land containing thirty-two acres of fields and woods, dedicated to the comfort and happiness of wild birds. It is owned by the Meriden Bird Club, and owes its existence largely to the intelligence and enthusiasm of Ernest H. Baynes, bird-lover and lecturer, who lives there. The entire community takes an interest in its maintenance, and there birds are fed and nesting places provided. It is in the widest sense a "community sanctuary." There are now a number of these coÖperative bird havens established and cared for in practically the same way. One is in Cincinnati, another in Ithaca, New York, and still another at Greenwich, Connecticut.

Birdcraft Sanctuary.—The best equipped of this class of community bird refuges, as distinguished from private estates, or Audubon Society, State, or Federal bird reservations, is Birdcraft Sanctuary in Fairfield, Connecticut, a tract of ten acres presented to the Connecticut Audubon Society in June, 1914. Mrs. Mabel Osgood Wright, President of the Connecticut Society, has written that in the creation of this sanctuary it was decided that certain requirements were necessary:

"A cat-proof fence to surround the entire place. That it may not look aggressive, it should be set well inside the picturesque old wall. Stone gateposts and a rustic gate at the entrance on the highway. A bungalow for the caretaker, wherein there shall be a room for the meetings of the Society's Executive Committee and Board. A tool and workshop of corresponding style. Several rustic shelters and many seats.

"The assembling of the various springs into a pond, so designed as to make an island of a place where the Redwings nest.

"Trails to be cut through the brush and the turf grass in a charming bit of old orchard on the hilltop, to be restored for the benefit of worm-pulling Robins.

"Several stone basins to be constructed for birdbaths, houses to be put up of all sorts, from Wren boxes, Von Berlepsch model. Flicker and Owl boxes, to a Martin hotel; and, lastly, the supplementing of the natural growth by planting pines, spruces, and hemlocks for windbreaks, and mountain ashes, mulberries, sweet cherries, flowering shrubs and vines for berries and Hummingbird honey."

Not only were all these things done, but there has been built and equipped a small museum of Natural History, unique in its good taste and usefulness.

Cemeteries as Bird Sanctuaries.—The interest in the subject of bird sanctuaries is growing every day; in fact, all America is now planning new homes for her birds—homes where they may live with unrestricted freedom, where food and lodging in abundance, and of the best, will be supplied, where bathing-pools will be at their service, where blossoming trees will welcome them in the spring and fields of grain in the fall, quiet places where these privileges will bring to the birds much joy and contentment. Throughout this country there should be a concerted effort to convert the cemeteries, the homes of our friends who have gone away, into sanctuaries for the bird life of this land. And what isolated spots could be more welcome to the birds than these places that hold so many sad memories for human beings?

No place in the world ought to speak more forcibly to us of the Resurrection than the cemeteries of our land. In them we should hear inspiring bird songs, notice the nesting of birds, and the little ones preparing for their flight into the world. There we should find beautiful flowers and waving grain, typical of that spiritual harvest which should be associated in our minds with comfort and peace.

A Birdless Cemetery.—I visited, not long ago, one of the old-time cemeteries, the pride of a neighbouring city. It was indeed a place of beauty to the eye; but to my mind there is always something flat and insipid about a landscape lacking the music of singing birds. Therefore I looked and listened for my feathered friends. Some English Sparrows flew up from the drive, and I heard the rusty hinge-like notes of a small company of Purple Crackles that were nesting, I suspected, in the pine trees down the slope, but of really cheerful bird life there appeared to be none in this artificially beautified, forty-acre enclosure. There is no reason to suppose that, under normal conditions, birds would shun a cemetery any more than does the traditional graveyard rabbit.

It was not dread of the dead, such as some mortals have, that kept the song birds from this place; it was the work of the living that had driven them away. From one boundary to another there was scarcely a yard of underbrush where a Thrasher or Chewink might lurk, or in which a Redstart, or a dainty Chestnut-sided Warbler, might place its nest. Not a drop of water was discoverable, where a bird might slake its thirst. Neither in limb nor bole was there a single cavity where a Titmouse, Wren, or Bluebird might construct a bed for its young. No fruit-bearing trees were there to invite the birds in summer; nor, so far as I could see, any berry-bearing shrubs such as birds enjoy, nor any weed patches to attract the flocks of Whitethroats and Juncos that come drifting southward with the falling leaves of autumn.

Had my visit to this place been made late in April, or in May, there might have been a different tale to tell. September might also have yielded more birds than June, for September is a season when the migrants are with us for a time. Then the little voyageurs of the upper air are wont to pause after a night of tiresome flight, and rest for the day in any grove that chances to possess even moderate home comforts.

Birds of a New York Graveyard.—Some time ago B. S. Bowdish made a careful study of the bird life of St. Paul's Churchyard, in New York City. This property is three hundred and thirty-three feet long and one hundred and seventy-seven feet wide. In it is a large church and also a church school. Along one side surge the Broadway throngs. From the opposite side come the roar and rumble of an elevated railway. The area contains, according to Mr. Bowdish, three large, ten medium, and forty small trees. With great frequency for two years, field glass in hand, he pursued his work of making a bird census of the graveyard. No bird's nest rewarded his search, for the place was absolutely destitute of feathered songsters during the late spring and summer, and, with a single exception, he never found a bird there in winter. Yet it is interesting to note that in this noisy, limited area, during the periods of migration, he discovered three hundred and twenty-eight birds, embracing forty species.

Why do not more of the birds that pass in spring tarry in this quiet place for the summer? The answer is that the cemetery has been rendered unattractive to them by the merely human committee in charge of the property.

During the season when birds are engaged with their domestic duties they are usually a very wise little people. They know perfectly well whether a region is calculated to provide them with sure and safe nesting sites, and whether sufficient food and water are available for their daily wants. A little of this same wisdom on our part, and a comparatively small expenditure, might make a bird paradise of almost any cemetery. Such places are not usually frequented by men and boys who go afield for the purpose of shooting. That is an important point in the establishment of a bird sanctuary.

Eliminate Enemies.—One great enemy of the birds, however, must be guarded against—the domestic cat. This can be done fairly effectively by means of a cat-proof fence.

Gunners and cats having been eliminated, few other enemies of birds need be seriously considered. Bird-catching Hawks are not often numerous in the neighbourhood of cemeteries. Red squirrels are accused of pilfering from birds' nests, and when abundant they may constitute a menace.

Properly constructed bird boxes, wisely placed, have often proved a means of increasing bird life to an astonishing degree; and they are absolutely the only inducement to hole-nesting varieties to remain during the summer in a cemetery from which all standing dead wood has been removed. Even the strong-billed Woodpecker will not abide in a region where the only trees are living ones, unless, perchance, an artificial nest entices the resplendent and dashing Flicker to tarry. Many a Bluebird, with its azure coat gleaming in the sunlight, visits the cemetery in early spring. From perch to perch he flies, and in his plaintive note can be detected the question that every bird asks of his mate: "Where shall we find a place for our nest?" In the end he flies away. Therefore when the roses and lilies bloom the visitor is deprived of the Bluebird's cheery song, for the little fellow and his mate have departed to the neighbouring farm where they may be found, perhaps, in the old apple orchard.

A few cents expended for lumber and a very little labour in the making of a small box to be attached to the side of a tree or erected on a post, are all that is needed to keep the Bluebirds where they can cheer the hearts of sorrowing visitors. The tiny Wrens, whose loud bursts of song are entirely out of proportion to their size, can be attracted in summer to the proportion of two pairs or more to every acre.

It is a curious fact, of which I believe but little has been written, that birds that build open nests may often be induced to remain in a locality if attractive nesting material is placed within easy reach.

In many a cemetery Orioles could be tempted to weave cradles among the swaying elm limbs if strings and fragments of brightly coloured yarns were placed where the birds could find them. Baron von Berlepsch, whose experiments in attracting birds to his place in Germany have been widely advertised, found that when the tops of bushes were drawn in closely by means of a wire or cord, the resulting thick mass of leaves and twigs offered so fine a place for concealing nests that few birds could resist the temptation to use them.

Other means of rendering a cemetery alluring to nesting birds will readily present themselves when an active interest is developed in the subject. A little thought, a little care, and a little trouble, would make it possible for many birds to dwell in a cemetery, and it must be remembered that unless they can nest there, the chances are that no great volume of bird music will fill the air.

The young of most song birds are fed to a great extent on the soft larvae of insects, of which there is usually an abundant supply everywhere. Many mother birds, however, like to vary this animal diet with a little fruit juice, and the ripened pulp of the blackberry, strawberry, or mulberry, will cheer the spirits of their nestlings. Such fruits in most places are easily grown, and they make a pleasant addition to the birds' menu. In a well-watered territory birds are always more numerous than in a dry region. You may find a hundred of them along the stream in the valley to one on the mountain-top. A cemetery undecorated with fountains, and through or near which no stream flows, is too dry a place for the average bird to risk the exigencies of rearing a family. A few simply constructed fountains or drinking-pools will work wonders in the way of attracting birds to a waterless territory.

In many graveyards considerable unoccupied space might well be planted in buckwheat or some other small grain. If this is left uncut the quantity of nourishing food thus produced will bring together many kinds of grain-eating birds.

Berries and Fruits for Birds.—Many native shrubs and bushes grow berries that birds will come far to gather. Look over the following list which Frederick H. Kennard, of Massachusetts, has recommended, and see if you do not think many of them would be decorative additions to the cemetery. Surely some of them are equal in beauty to many of the shrubs usually planted, and they have the added value of furnishing birds with wholesome food. Here is a part of Mr. Kennard's list: shad-bush, gray, silky, and red osier, cornel, dangleberry, huckleberry, inkberry, black alder, bayberry, shining, smooth, and staghorn sumachs, large-flowering currant, thimbleberry, blackberry, elder, snowberry, dwarf bilberry, blueberry, black haw, hobblebush, and arrow-wood. In the way of fruit-bearing shade trees he recommends sugar maple, flowering dogwood, white and cockspur thorn, native red mulberry, tupelo, black cherry, choke cherry, and mountain ash. For the same purpose he especially recommends the planting of the following vines: Virginia creeper, bull-beaver, frost grape, and fox grape.

Such shrubs and vines are usually well stripped of their berries after the first heavy snowfall. That is the time to begin feeding the birds in earnest. The more food wisely placed where the birds can get it, the more birds you will surely have in the winter. Seeds and grain, with a judicious mixture of animal fat, form the best possible ration for the little feathered pilgrims. Rye, wheat, sunflower seeds, and cracked corn, mixed together in equal parts and accompanied by a liberal sprinkling of ground suet and beef scrap, make an excellent food for birds at this season. This should be placed on shelves attached to trees or buildings, or on oilcloth spread on the snow, or on the ground where the snow has been scraped away. On one occasion the writer attracted many birds by the simple method of providing them with finely pounded fresh beef bones. Furnishing birds with food in winter might well be made a pleasant and profitable duty of the children who attend Sunday-school in rural churches that have graveyards near.

Why should we not make a bird sanctuary of every city park and cemetery in America? Why leave these places to the Sparrows, the Grackles, and perhaps the Starlings, when Bluebirds and Thrushes are within hail, eager to come if the hand of invitation be extended?

CHAPTER XII

TEACHING BIRD STUDY

A little after six o'clock one July morning on the campus of the University of Tennessee, I stood near the centre of a semi-circle of twenty-five school teachers whose expressions indicated a high state of excitement, and whose fifty eyes were riveted on a scene of slaughter but a few feet from them. For five minutes we had scarcely moved. During this time the lives of thirty-two specimens of animal life had been blotted out. The perpetrator of this holocaust was a creature known to scientists as Spizella socialis—called by ordinary people Chipping Sparrow. Its victims were small insects which but a moment before were disporting themselves on the grass.

Preparation of Teachers.—One teacher expressed surprise that a bird could find so many of these choice morsels in so short a time. She had never imagined that so many insects inhabited so small an area as that to which the bird had confined its operations. "Very well," said the instructor, "suppose all of you get down and see how many insects you can find in five minutes." So while he held the watch all proceeded to take part in a bug-hunting contest. In this novel undertaking even the women of the class displayed great zeal. When time was called it was found that one student had a credit of fourteen, another sixteen, a third nineteen, and one tall young woman with glasses exhibited twenty-one insects in the folds of her handkerchief.

A stranger watching the actions of this band of eager, early-rising teachers might have been puzzled to determine what induced them to assemble at this hour of the day for the evident purpose of watching the habits and activities of small birds that the ordinary person passes without notice. They were, nevertheless, occupied in one of the most valuable studies that could have claimed their attention.

For many years the United States Department of Agriculture has been employing trained naturalists to give their time to the investigation of the damage done to growing crops by the insect hosts that infest fields and forests. These and other experts have come forward with astounding statements regarding the destructiveness of birds to insects. We are told, too, that each bird is virtually a living dynamo of energy; that its heart beats twice as fast as the human heart; and that the normal temperature of its blood registers over a hundred degrees. It is a simple fact of biology, therefore, that a tremendous amount of nourishing food is necessary for the bird's existence. Vast quantities of insects are needed for this purpose.

Some time ago a New England gentleman became so impressed by the frequency with which a pair of Robins visited their nest with food for the young that he determined to learn more about the food-consuming possibilities of the four nestlings. The day the offspring left their cradle he temporarily took possession of them. With the aid of some friends, who kindly undertook to dig fishworms for him, he proceeded to give the baby Robins all they cared to eat between daylight and dark. He found to his very great surprise that these small birds consumed in one day food to the amount of their own weight and 56 per cent. additional. If an average-sized man were to eat at this rate he would require seventy pounds of beef and several gallons of water daily. Upon reaching maturity the Robins probably do not eat so greedily, but the incident serves to illustrate their capacity in the days of youth.

The school teachers at the Knoxville Summer School who watched the Chipping Sparrow that morning were members of a group of earnest men and women whose lives were dedicated to the training of children. For nine months they had been in the classroom, meeting heroically the petty trials and annoyances incident to their life work. Now, instead of spending their brief vacation in idleness, they were seeking additional knowledge to prepare them for more valuable future service. They were learning that morning the important lesson that birds are placed on earth for a useful purpose. When they returned to the schoolroom they would teach the boys that the bird is a friend to the farmer and should not be killed nor its nest destroyed. They would teach girls that there is something far more exquisite about the living bird than is to be found in the faded lustre of its feathers when sewed on a hat, and they would cultivate in the heart of the girls a feeling of sympathy for the home life of the birds about them.

The greatest problem to be solved by those actively engaged in measures which make for civic righteousness is how to preserve the children of the country from evil influences, and to direct their curiosity and restless energy into safe and productive channels. The teacher occupies a strategic position in this matter, and one of her problems is how to engage the interest of the child in subjects that are both entertaining and beneficial. Simple lessons in nature study are an excellent method by which to accomplish this end, and a study of out-of-door life should begin with birds.

Bird Study Class.—The systematic instruction of school children in bird study on a careful scientific basis in a large way really had its origin in May, 1910, when Mrs. Russell Sage sent to the National Association of Audubon Societies a cheque for five thousand five hundred dollars with which to inaugurate a plan of bird study in the Southern schools that the writer had outlined to her. She desired that a special effort should be made to arouse interest in the protection of the Robin, which in the Southern States was at that time almost universally regarded as a game bird whose natural destiny was considered to be a potpie. Bird study, it is true, was at that time taught in many city schools, but usually the subject was given slight space in the curriculum, and for the children and teachers there was available only a limited literature, and it was of an inadequate character. A working plan was at once developed whereby literature, coloured pictures of birds, and the Audubon button should be supplied to all the pupils in a school who enrolled themselves as members of an Audubon Class. Each member was required to pay a nominal fee, which, however, was much less than the cost of producing the material received in return.

During the school year that followed the matter was brought to the attention of many of the Southern teachers, and over five hundred Junior Audubon societies resulted, with an enrollment of more than ten thousand children. Following the course of instruction outlined in the literature furnished to the teachers, these children were taught the correct names of many of the common birds, and on field walks they learned to know them by sight. The dates when certain birds were last seen in autumn and first arrived in spring were noted and carefully recorded. Food was given to the birds in winter and bird boxes of various patterns were constructed and placed in parks, orchards, or woods where they would most likely be of service to birds looking for suitable nesting hollows. Bird study was correlated with reading, English composition, history, geography, and even arithmetic.

A Nation-wide Movement.—So successful did this experiment prove that the Audubon workers agreed upon extending this same system into the schools of all the other States in the Union, and the various Provinces of Canada. The fall of 1911, therefore, saw plans well under way for a greatly enlarged scope of work. During the school year, which closed the last of June, 1912, the Association, at a cost of thirteen thousand dollars, enrolled 29,369 school children under the standard bearing the inscription "Protect the Birds."

The movement has continued to grow, and up to June 1, 1916, there had been formed 27,873 classes with a total membership of 559,840 children. The Association is annually expending on this work $25,000 more than the children's fees amount to. Of this amount Mrs. Sage continues to contribute one-fifth, the remaining four-fifths being given by an anonymous friend of children and birds. In supplying these pupils and their teachers with the necessary pictures, leaflets, and outline drawings of birds for colouring, over thirty-one million pages of printed information have been distributed. Pupils have taken hold of this bird study with great zest. Many a dull or inattentive boy, who had been a despair to his teacher and parents, responded to this real nature teaching which took him from his ordinarily uninteresting studies into the wide out of doors. Thousands of teachers have written letters filled with expressions of thankfulness for this opportunity which has come to them and reciting details of the variety of ways in which they have been able to make use of this plan and material for bird study.

What One Teacher Did.—Here, for example, is one from Miss Beth Merritt, who teaches in a little school at Fountain City, Tennessee: "I am very glad to write to you about the Junior Audubon Class we had at school this year. We all enjoyed it exceedingly, and I am sure it did good in the hearts and lives of the little people who were members and in the bird world, too. A year ago I invited the children of some of the other grades to join our Audubon Class and we had over forty members. We had our meetings on Friday afternoons after school. The class was quite successful and we saw some direct results of its success. Several nest-robbing boys gave up that 'sport' altogether. One boy was instrumental in bringing about the arrest of some men who had been shooting song birds. This year I had the class only in my own grade—the second. Almost every child in the room joined, making twenty members. I had daily periods for nature study and language, and every other Friday we used these two periods for the Audubon Class. The children were always anxious for the Audubon Fridays to come. They used often to ask, 'Is to-morrow Bird Day, Miss Beth?' and if I answered in the affirmative, I heard 'Oh, goody,' [248] and 'I won't forget to wear my button,' and 'I wonder what bird it will be,' from every side. Rarely ever did we have an absent mark on Bird Day.

"After we had used all ten of the leaflets you sent us, we had lessons on some of the other birds, or, instead of a regular lesson, we went for a bird walk. I divided the class for these walks, taking ten children at a time. How excited they would get over the birds they saw! Nearly always they could identify the birds themselves, sometimes I helped them, sometimes my bird book helped me, and sometimes we had to write in the notebooks, 'unknown.' I will not try to tell you about all the good results of our Audubon Class that I have noticed. The most important thing I think is that a few more children have a keen interest and a true love for their little brothers of the air. Last year a favourite pastime of a neighbour was shooting birds for his cat, and I think he was no more particular than his cat as to the kind of birds he destroyed. His little daughter was a member of the Audubon Class and this spring I notice our neighbour's cat has to catch its own birds. Perhaps, if the little girl can be an Audubon member another year, there will be no more cat!

"A mother of another little member of the class used to delight in birds' plumes, breasts, or feathers of some kind on her hat. Her spring hat this year was trimmed in ribbon. I have heard several bird lovers say that they have noticed more of our common wild birds about this place than there were last year, and they believe the Junior Audubon societies in the schools have brought about this happy state. When school closed many of the mothers came to me and said that they wished to thank me for what I had done for their children along the line of nature study, especially of birds. They said that they thought the Junior Audubon Class a splendid thing for their children. And I think it is equally good for the teachers."

Another Junior Club leader, Miss Edna Stafford, a teacher in the public schools of Albany, Indiana, writes: "One day last summer a twelve-year-old boy was out in our street with an airgun shooting at every bird he could see. Recently this same boy came to me with a bird that was hurt, and in a most sympathetic tone said: 'Who do you suppose could have been mean enough to hurt this dear little bird?' Our study of birds in the Junior Audubon Class brought about this change in the boy."

Junior Game Protectors.—Another leader reported from Nashville that the one thousand junior members in the schools there had turned into voluntary bird wardens, and spied upon every man or boy who went afield with a gun. In a number of places the juniors have built and sold bird boxes by hundreds and used the proceeds for advancing the work. In one town the juniors had a most successful tag day, and collected funds that were used to buy grain with which to feed birds in winter. In Connecticut a most helpful and stimulating communication has been established between many of the classes. A junior class in the Logan School, Minneapolis, has even started the publication of a magazine called Owaissa, after the Indian name for Bluebird, as given in Longfellow's "Hiawatha."

Sending Birds' Nests to City Children.—Mrs. Anthony W. Dimock, of Peekamose, New York, makes the following interesting report:

"The Robin Junior Audubon Circle is composed of the boys and girls of three district schools in a Catskill Mountain valley. No one school has enough pupils of required age to form a circle, and the distances between them are so great that frequent meetings cannot be held, but good work is being done.

"The most interesting feature of our work the past year was the collection of abandoned birds' nests in the autumn. One school of five pupils collected over 100 nests. From these collections two selections of ten nests each were made, to be sent to New York City. One collection went to the Jacob Riis Settlement, and one passed through the hands of three kindergartens, interesting 100 children. To each nest was attached a coloured picture of the bird which had made the nest, and a description of its habits. Letters from the Settlement children and the kindergartners brought to the Circle expressions of delightful appreciation."

The National Association of Audubon Societies, with headquarters at 1974 Broadway, New York City, makes the following offer of assistance to those teachers and others who are interested in giving instruction to children on the subject of birds and their usefulness.

To form a Junior Audubon Class for bird study, a teacher should explain to the pupils of her grade (and others if desired) that their object will be to learn all they can about the wild birds, and that every one who becomes a member will be expected to be kind to the birds and protect them. Every member will be required to pay a fee of ten cents each year. When ten or more have paid their fees, the teacher will send their money to the National Association, and give the name of the Audubon Class and her own name and address. The Association will then forward to the teacher for each member whose fee has been paid, the beautiful Audubon button, and a set of ten coloured pictures, together with the outline drawings and descriptive leaflets assigned to class study for that year. The teacher will also receive, free of cost, for one year, the splendid magazine Bird-Lore, which contains many valuable suggestions for teachers. It is expected that the teacher shall give at least one lesson a month on the subject of birds, for which purpose she will find the leaflets of great value as a basis for the lessons.

Rules for a Bird Study Class.—If the teacher wishes, the Audubon Class may have a regular organization, and a pupil may preside upon the occasions when the class is discussing a lesson. For this purpose the following simple constitution is suggested:

Article 1. The organization shall be known as the (give name) Junior Audubon Class.

Article 2. The object of its members shall be to learn all they can about wild birds, and to try to save any from being wantonly killed.

Article 3. The officers shall consist of a President, Secretary, and Treasurer.

Article 4. The annual fees of the class shall be 10 cents for each member; and the money shall be sent to the National Association of Audubon Societies in exchange for Educational Leaflets and Audubon Buttons.

Article 5. The Junior Audubon Class shall have at least one meeting every month.

Although most of these classes have been and will be formed among pupils in schools, any one may form a class of children anywhere, and receive the privileges offered.

Subjects for Study.—Besides the study of the particular birds in the leaflets, the following subjects may be studied with profit:

Birds' Nests.—In the fall, after all the birds have left their nests, the nests may be collected and brought to the schoolroom. Study them and learn that the Chipping Sparrow's nest is made of fine rootlets and grasses, and is lined with horsehair; examine the mud cup of the Robin's nest, the soft lining of the Loggerhead Shrike's nest, etc.

Feeding Birds.—In winter arrange "bird tables" in the trees and by the windows, and place crumbs and seeds on them; in summer put out bathing and drinking pans, note what birds come to them and how frequently, and report what you observe to the class.

Nesting Boxes.—In early spring put up nesting boxes for Bluebirds, Wrens, Chickadees, Nuthatches, Martins, and other birds. The leaflets sent will be found to contain many suggestions about bird feeding and nesting boxes, and the proper way to make and place the latter.

Colouring Outlines.—The children, using crayons or water-colour paint, may place the natural colours of the birds upon the outline drawings provided, using the coloured plates for comparison. This is one of the best ways to fasten in the memory the appearance of the birds, and thus quickly learn to recognize them in the field. Many teachers have utilized this as an exercise for the regular drawing hour.

Teaching Children Approved by the Government.—Considering the importance of the subject and the success that the plan has met, it is little wonder that the Hon. P. P. Claxton, United States Commissioner of Education, early gave it his unqualified endorsement. In one letter he wrote:

"I consider the work of the Junior Audubon Classes very important for both educational and economic results, and I congratulate you upon the opportunity of extending it. The bird clause in the Mosaic Law ends with the words: 'That it may be well with thee, and that thou mayest prolong thy days.' The principle still holds. I hope that through your efforts the American people may soon be better informed in regard to our wild birds and their value."

In America we have neglected the subject of protecting our bird life, and as a result in many sections we are suffering to-day from scourges of insects. Too long the careless and thoughtless have been allowed to wander aimlessly afield and shoot the birds that caused the winds of prosperity to blow. We must teach the children to avoid the errors that we have made. It is our duty to the child to give him of our best, and teach him with all his getting to get understanding.