The Bird Study Book

by T. Gilbert Pearson

Egret brooding on a Florida island owned and guarded by the Audubon Society.

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.