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 THE CONDOR [ VoL. V both nests the top is flaring and extends out to supporting twigs for an inch or more, the measurements do not include these extensions. These-three nests show peculiarities in shape and in the materials used that would seem to indicate a fixed purpose and design on the part of their builders rather than the result of chance. The wild oats used in the first two is unusual, even in small quantities, yet these birds chose it in preference to everything else, although other materials that satisfied other orioles were in abundance. Con- cealment seems to have been disregarded, in the first nest especially, for the large bulky structure of wild oats would be a rather difficult thing to hide in the foliage of a white oak and there seemed to be very little if any attempt at it. In the second nest the white bark of the sycamore and large lighter colored leaves made it more easy. In the third nest the fact that what were undoubtedly the same birds built a new nest a few rods away when this was taken, using the same sort of material and building a nest of the same shape and nearly the same size, and of the same fine weaving would show an individual preference that was as decided as it was remarkable. This second nest was not disturbed and the birds raised their brood in peace. I shall watch the locality with interest this season and if the same birds return I am sure I shall know them by their handiwork. The Phainopepla. BY M. FRENCH GILMAN. HIS bird always possessed a fascination for me, though as a small boy, my interest and admiration were mixed with some awe and respect. His eas. y graceful flight, dignified bearing and hearse-like plumage and colors placed him above the'common herd and it were nearly sacrilege to throw rocks at him. This immunity did not extend to the nest and eggs could I but find them. For a long time I sought in vain and began to think they were like the fabled birds of ' paradise, or like "Topsy." But finally a nest of young birds was found in July and the ice was brolren. There is a dignity and an air of mystery about the bird that appeals to one. His silky, jet plumage, graceful crest and flaming red eyes form a striking com- bination, and the revelation, as he flies, of the snow patches on his wings is rather startling. As a musician he does not excel, merely repeating at intervals a flute- like note, or when another bird interferes with him, uttering a rasping reproach. The phainopepla makes his appearance in this vicinity about the isth of May and remains until about October though stragglers may be seen along in Novem- ber. I once saw one during a snow storm the middle of January, and he was still dignified though bedraggled. Many of them spend the winter in the mesquite thickets of the Salton sink and Conchilia valley--in and around Indio, Walters, Martinez and Toros. Here they feed on the pinkish berries of the desert mistletoe which infests so many of the mesquite trees. A iew of the birds remain all winter at Palm Springs also, feeding on mistletoe berries and the pepper berries of which they seem very fond. A pepper tree with several of the phainopeplas clinging to