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"SAVE

THURSDAY, MAY 1, 1873

THE WILD BIRDS PROTECTION ACT AVE me from my foolish friends," ought to be a stave in the spring-song of each fowl of the air, from the Nightingale which warbleth in darkness to the Dotterel which basketh at noonday. Last year, as is well known, a bill for the protection of "Wild Fowl" was brought into

Parliament at the instance of the "Close-time" Committee of the British Association,* and the various changes and chances which befell it before it became an Act were succinctly recounted in the Committee's report at the Brighton meeting, printed in NATURE, vol. vi. p. 363. This bill, as at first prepared and introduced to the House of Commons, was framed entirely on the Sea-birds Preservation Act, which became law in 1869, and only differed from that successful measure where difference was needed, and the penalties and procedure it pro

posed were the same as those which have proved to be so thoroughly efficient in the former case. The minute care, the practical knowledge, and the consideration of various interests with which it was originally drawn, may be gathered from a few facts. Many of the birds it intended to protect are known in various parts of the country by various names, and accordingly all these names were introduced, for it was clear to the promoters of the bill, though not, as shown by the sequel, to the public at large, that a man summoned for killing (let us say) a Lapwing would never be convicted if he brought, as he easily might bring, credible witnesses who in good faith swore that it was a Peewit, and that they never heard it called anything else. At the same time, that the measure might not be needlessly severe, care was taken that of those species which bear different names in Scotland and England and do not breed in the latter, they should only appear under the name by which they

This Committee in 1871-72 consisted of Mr. Barnes, one of the secretaries of the Association for the Protection of Sea-birds, Mr. Dresser (reporter), Mr. Harting, Prof. Newton, and Canon Tristram, and it may be doubted whether five gentlemen more thoroughly conversant with the subject could have been selected. Mr. Harland, the other secretary of the Sea-birds' Association, has since been added to their number.

No. 183-VOL. VIII.

are known in the former. A few species too, though coming strictly under the category of "Wild Fowl," were omitted because of their making themselves obnoxious to farmers. But the great feature of the bill was its being directed to a definite point-the preservation during the breeding season of those birds which, beyond all others, were and are subjected to cruel persecution at that time of year-thousands of Wild Ducks, Plovers, and Snipes, being constantly to be found in the poulterers' shops throughout the spring months, not only killed while they are breeding, but killed, it is not too much to say, because they are breeding, since during that season they put off much of their natural shyness and fall easy victims to the professional gunners. Furthermore, all who really know anything of birds know that it is just these kinds which are most rapidly diminishing in number-some of them, which in bygone days were most abundant, are now only There is, for example, the Avocet, seen as stray visitors. the disappearance of which can be plainly traced to its

destruction by gunners,* and had we space we could cite

many

similar cases.

Then too, nearly all these birds are of no small importance as an article of food, and their supply to our markets has produced a trade of con

siderable extent.

Now, on the other hand, there are a good many enthusiastic persons, of whom we desire to speak with all respect, who have long been under the belief that in this country the number of birds generally, and of small birds in particular, has been gradually diminishing, and these persons wished for a much wider extension of the principle of protection than seemed to the "Close-time " Committee necessary or expedient. Whether their zeal is according to knowledge may be judged from what we have further to relate, but it is very plain that they disregard the widespread belief in the mischief popularly supposed to be caused by many of even our most useful small birds, and the fact, which no observer of experience can deny, that under certain circumstances, certain birds do a very considerable amount of harm-witness Song-thrushes and Blackbirds in the strawberry-beds-as well as that it is

* See Stevenson's "Birds of Norfolk," vol ii. p. 237 and following pages.

B

only careful observation which will convince an unprejudiced man that the harm so done is outweighed by the general good. Further, too, these persons overlook the impossibility of making people change their opinions by

Act of Parliament, and it could be only when they become better acquainted with the great truths of natural history, that the desired results would follow. An attempt to force public opinion in this country generally fails.

Now this being the state of things when the "Wild Fowl Protection Bill" was introduced by Mr. Johnston, the enthusiasts at once tried to make it meet their ends. The history of the bill being, as we have said, accessible to our readers, there is no need for us to enter upon details, and we content ourselves by reminding them that, in an almost deserted House, Mr. Auberon Herbert, on the motion for going into committee, succeeded in carrying, by a majority of 20 to 15, an "instruction" to extend the protection accorded under the bill to "Wild Fowl" to other wild birds, and thereupon the spirit of the Bill was entirely changed, and it was converted from the reasonable measure originally contemplated into one of indefinite and general scope. Persons of common sense at once saw that in its new shape it would be impracticable, not to say tyrannical, and notice was speedily given of its rejection. Its introducer, however, contrived to get it referred to a Select Committee, by whom it was still further modified, the objections naturally urged against its sweeping clauses being overcome by limiting its effects to certain birds named in a schedule, while the penalties were diminished. The schedule, it is true, contained the names of all those birds originally included in the Bill, but many others were added, though on what principle some were omitted and others introduced we cannot profess to say. No ornithologist whose opinion could carry the slightest weight appears to have been consulted, and it is needless to say that no ornithologist was among the twentythree members forming the Select Committee.*

We need not dwell further on historic details. It is now evident that the efforts of the enthusiasts-well intended as they doubtless were-have produced a law which is on

all sides admitted to be virtually inoperative, instead of

the effective measure which the results of the Sea-birds Act warrant us in believing that the original Bill would have proved. Substantial fines, which would have been resonable enough where professional gunners and poulterers were concerned, would have been manifestly cruel in the case of schoolboys. Accordingly the penalties were, to use the forcible expression we have heard applied, “sweated away' to suit the minor offenders, and the Act is almost a dead letter. Mr. Herbert, on the 21st of June last, laid a cuckoo's egg in the carefullybuilt nest of the British Association Committee, and the produce is a useless monster-the wonder alike of the learned and the layman, and an awful warning as an example of amateur legislation. The forebodings of the "Close-Time" Committee have proved but too true. In its last Report we read

"Your Committee cannot look with unmixed favour on this measure. It appears to them to attempt to do

The printed "Proceedings" of the Select Committee do not throw much light on the subject The schedul was proposed by Mr Samuelson On a division the Owl was saved by 14 votes to 4, the Hedge-Sparrow and Whinchat by the casting vote of the chairman, the Thrush was lost by 9 to 6. All the birds added are included only under their book-names, which of course are, as every practical naturalist is aware, very different from those by which they are commonly known.

too much, and not to provide effectual means of doing it. In their former Reports they have hinted at, if not expressed, the difficulty or impossibility of passing any class of persons, should be adequate to the purpose. general measure, which, without being oppressive to any Further consideration has strengthened their opinion on this point. They fear the new Act, though far from a general measure, will be a very inefficient check to the destruction of those birds, which, from their yearly decreasing numbers, most require protection, its restraintecting a number of birds which do not require protection ing power having been weakened for the sake of proYour Committee have never succeeded in obtaining any satisfactory evidence, much less any convincing proof, that the numbers of small birds are generally decreasing in this country; on the contrary they believe that from various causes many, if not most, species of small birds are actually on the increase. They are therefore of opinion that an Act of Parliament proposing to promote their preservation is a piece of mistaken legislation, and is mischievous in its effect, since it diverts public attention from those species which, through neglect, indifference, custom, cupidity or prejudice, are suffering a persecution that will, in a few years, ensure their complete extermination."

at all.

We believe that this opinion is entirely correct, but our space would not allow us to adduce evidence in support of it. Mr. Herbert has now confessed the inutility of his handy-work, and some time since gave notice of a motion for the appointment of a Committee of the House of Commons to examine witnesses on the question. Before this article appears in print, our readers will know whether he gets what he wants. If he succeeds we suspect that not much good will follow. The eloquence of the enthusiasts is likely to overpower the reason of the true naturalists—a race not prone to sentimentality or given to sensationalism.

We would observe that the destruction of "Wild Fowl" stands on a very different footing from the destruction of "Small Birds," and if either is to be stopped it must be by different means. To check the first we believe no measure can be devised so complete as that which was last year spoilt by Mr. Herbert, but, since his unhappy success has taught Leadenhall Market that an it is quite possible that a new Act to be effectual should Act of Parliament may be set at nought with impunity, absolutely prohibit, within certain days, the possession or sale of the birds to be protected, irrespective of whether they can be proved to have been received from abroad or not. The destruction of " small birds" is chiefly caused by professional bird-catchers, for the numbers killed by the gun is in most cases comparatively trifling. The outcry that would be raised by farmers and marketgardeners, were they hindered from shooting the birds they find rifling their crops, would quickly repeal any Act which Parliament might inconsiderately pass to that effect. But we certainly should have no objection to putting the bird-catchers under some restriction, and we believe it would be to their own advantage if they were restrained from plying their art during the breedingseason. We shall no doubt be condemned by many excellent persons, but we cannot look upon bird-catchers as a class that should not be suffered to exist. The vocation of a bird-catcher may or may not conduce to the practice of all the virtues, but there is no reason for regarding it as essentially and necessarily vicious. Good and bad exist in every trade, bird-catching among the rest. We conceive that Mr. Sweedlepipes had a right to