Page:Bird-lore Vol 08.djvu/179

 The Audubon Societies i43 "The Legislature of New York cannot safely, on political grounds, repeal a wise and beneficial statute in order to help carry a district. Game laws are economic meas- ures, and all legislators should join in giving the state the best. The present wild-fowl law is scientifically and economically cor- rect and should not be altered: If it is, the best interests of the state will be sacrificed." This shows how largely politics sometimes enters into the subject of game protection, which is positively <wrong, as the preserva- tion of birds and game should appeal to all legislators, irrespective of political affilia- tions. The Burr bill was killed in the Assembly, although it passed the Senate. Two local bills were also killed, one to permit duck-shooting in the spring on the Niagara River, and also a bill to permit snipe-shooting in the spring in four of the southwestern counties of the state. The most important bill that was defeated was the one referred to in April Bird-Lore, page 78. The history of this bill is so important that it is given in some detail as a matter of historical record. The bill was originally introduced by Assemblyman Young, of New York City. On receipt of a copy, the Game Commission of the state was requested to notify the New York Audubon Society of the date when a hearing on the bill would be held, in order that they might appear to oppose it. This was supposed to be sufficient notice of the intent ot- the Society, but it was dis- covered some weeks later that a hearing on the bill had been held without notice to the Audubon Society. There were present at the hearing, only persons interested in the passage of the bill, together with the presi- dent of the Game Commission and the Attorney General of the state. The result of the meeting was that the original bill was withdrawn and a new bill was introduced by the Committee of Fisheries and Game, as follows: "AN ACT To amend the forest, fish and game law relative to certain varieties of imported European birds, by adding a new section to be known as Section thirty-eight-a." " 38-a. Black cock, rebhubner, red leg, lapwing, Egyptian quail— Black cock, rebhubner. red leg, lap- wing, Egyptian quail, if imported from a European country, may be possessed and sold under regulations as herein contained and not otherwise. No person shall possess, sell, or offer for sale, any of such birds except with the feathered head and feet on, nor until he shall have given a bond to the people of the state of New Yo k, as provided in this section. The bond shall be for a specified time and shall continue in force during that time unless sooner disapproved by the commissioner of forest, fish and game for breach of its condition or failure of sureties. Such bond must be approved by the commissio er as to its sufficiency and form, and be filed in the office of the forest, fish and game commission, and shall be conditioned that the birds intended to be possessed have in fact been im- ported from a European country; that the person bonded shall not possess, sell or offer for sale such birds or either or any of them except with the feath- ered heads and feet on; that he will not violate any provision of the forest, fish and game law. and it shall contain such other conditions as to the inspection of books, papers and premises and of the production of evidence by way-bill, bill of lading or otherwise, as the commissioner may require. A breach of any pro- vision or condition of the bond shall, in addition to other penalties, work a forfeiture to the people of the state of New York of the amount named therein as the penalty thereof, which said sum shall be considered as liquidated damages, and the privilege of giving any other bond under this section, may at the option of the commissioner be denied to the person so bonded. The burden of proving that the birds are possessed within the meaning and provisions of this section shall be upon the possessor, and no presumption that such birds are po sessed lawfully within this state shall arise in any proceeding before any court, justice or magistrate, until it affirmatively appears that the pro- visions of this section have been complied with." The Audubon Society immediately took the matter up with the chairman of the Assembly Fish and Game Committee, and insisted upon another hearing at which the opponents to the bill might be heard. This hearing was held at the Capitol on March 27. Among those present were Mr. F. M. Chapman, who represented the American Museum of Natural History, and Dr. T. S. Palmer, of the Biological Survey, Depart- ment of Agriculture, who was present by the invitation of the New York Audubon Society. The League of American Sports- men was also represented, as well as several of the game-protective associations from the central and western part of the state. Sena- tor Brown, of Watertown, and Assembly- man Price, of Brooklyn, were also present, together with the Chairman of the Law Committee, of the New York Society. Objections to the bill were presented in