A PLEA FOR LEGISLATIVE PROTECTION.

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In former numbers of Birds and Nature we have seen how much our welfare and happiness depends upon the birds. Some hints have been given as to how we may encourage the birds to become residents of our premises so that we may enlist them in the constant warfare against worm and weevil. If there were no great and universal interest at stake in this question, How much do we owe to the birds? we should, perhaps, have no right to go beyond simple encouragement to the birds to multiply and do their good work in certain chosen places. But the interests are universal and so deeply concern the whole world that we have an undoubted right to say to those who would kill everything in sight, either for gain or for so-called "sport," Thou shalt not! In other words, we have the right to make laws forbidding anybody to kill birds except for the best of reasons. This right has been acted upon in most states and in many foreign countries, where various degrees of protection to the birds as well as to other animals have been secured.

But in very many, if not in most cases, the laws enacted have not furnished protection enough. Those who have put a price upon a bird's plumage, who furnish the temptation for others to break the law against killing birds, have not had a check put upon them. And the class of "sportsmen" which regards anything living (except man and some of the domestic animals) as legitimate targets for their weapons, have not been dealt with severely enough. Even where the laws have seemed prohibitive enough they have often failed of their purpose because not properly enforced. There are, then, two things to be considered. First, the passage of laws that will be prohibitive, and, second, machinery adequate to their enforcement.

The first question will then be, How may we secure the passage of laws such as we need? Certainly not by waiting for the state legislatures to do it. In such matters, at least, they wait for an expression of the people. Then agitate the question until the time is ripe for presenting it before the lawmakers of your state and push it. Write to Mr. Witmer Stone, the chairman of the American Ornithologists' Union, chairman of the Committee on Bird Protection, for a copy of the ideal law, and then act in line with other states. If each state acts in accord with some plan for the whole country, we shall have practically a national protective law. But even this community of interest will not accomplish the purpose for which we set out, even as a law, saying nothing of enforcement. All this is directed against the killing of birds. The law must prohibit the sale of the bird or any part of its plumage for any purpose. Carefully guarded exceptions or privileges might be favorable to those who need material for strictly scientific study. But it is necessary to go even further than this. We shall not accomplish our purpose until a law is enacted prohibiting the importation of feathers, whether on the skin or separated from it. If we are not yet ready to say that no feathers may be imported, then let us absolutely prohibit the importation of any part of any species of our native birds, whether killed in America or anywhere else. That much lies within our power. Evidently we are not yet ready to say that birds, or parts of birds—meaning our native birds—shall not be worn as an article of dress. We need a long campaign of education before that will be feasible.

What, now, of the enforcement of these laws? Clearly the enforcement of any law must have behind it a public sentiment demanding enforcement. A law fails to be prohibitive when it receives only indifferent attention from the public for whom it was passed. It is our privilege to so bring to the attention of the people at large their own great interests, which are dependent upon the birds, that their eyes shall be opened to see the great necessity of prompt and united action. The great growth of popular interest in the birds during the past three years is the clearest proof that the time is now ripe for such a campaign of education. Push it now. In every mind there lies dormant an interest in nature which needs but a touch now to be awakened to activity and usefulness.

But there is still the machinery of enforcement to be considered, for however much the general public may be educated there will always be some persons, not a small number, we fear, who must be held in check by legislative action. In the first place, game wardens are too few, in most counties, to properly enforce the laws. They should be numerous enough and so situated that they may be reached readily. But if this increase in number be not practicable, then there is a way out of the difficulty. We must be more active ourselves. In a large majority of cases we shall have no need to cause arrests, but need only to inform the transgressor of the existence of the law, giving him some useful information of the great good which the birds do, and of the pleasure which may be gained from a study of the living bird, and the purposes of the law will be accomplished. For many times the transgressor is of foreign birth, knowing nothing of the esteem in which we hold the birds. Or else the person is simply thoughtless, or ignorant of the law and its purposes. The other cases of flagrant breaking of the law need and deserve prompt and severe treatment. Here it is often not a matter of education but of discipline. It is not pleasant to be an informer, but such cases should be put upon a par with any other sort of law-breaking, for there is a great public interest involved beside which our own personal interest, however great that may be, sinks into insignificance. It is a duty which we have no right to shirk.

To summarize the means by which we may hope to secure adequate protection for our rapidly decreasing birds: Legislative action brought about by combined effort throughout the country; enforcement of the laws enacted by an increase in the public interest, by an increase of the number of game wardens, by our own activity in seeing that the laws are enforced. By these means we may accomplish what we undertake.

Lynds Jones.


The little bird sits at his door in the sun,
A tilt like a blossom among the leaves,
And lets his illumined being o'errun
With the deluge of summer it receives;
His mate feels the eggs beneath her wings,
And the heart in her dumb breast flutters and sings;
He sings to the wide world, and she to her nest,
In the nice ear of Nature which song is the best?
—James Russell Lowell, "The Vision of Sir Launfal."

COPYRIGHT 1900, A. J. PICKERING. IRISH SETTER. A. W. MUMFORD, PUBLISHER.

                                                                                                                                                                                                                                                                                                           

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