That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any wild duck, wild goose, brant, snipe, or plover between the first day of April and the first day of September, under a penalty of five dollars for each wild duck, wild goose, brant, snipe, or plover killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than thirty days nor more than six months.

That no person shall kill, expose for sale, or have in his or her possession, either dead or alive, any water rail or ortolan, reed bird or rice bird, marsh blackbird, or other game bird not previously mentioned, between the first day of February and the first day of September, under a penalty of two dollars for each water rail or ortolan, reed bird or rice bird, marsh blackbird, or other game bird not previously mentioned, killed, exposed for sale, or had in his or her possession, either dead or alive, and in default thereof to be imprisoned in the workhouse for a period not less than fifteen days nor more than six months.

SEC. 2. That no person shall expose for sale or have in his or her possession any deer meat or venison, between the first day of January and the first day of September, under a penalty of ten dollars for such exposure for sale or having in possession, and the forfeiture of all such deer meat or venison to the officer making the arrest, who shall destroy the same; and, in default of fine, to be imprisoned in the workhouse for a period not exceeding sixty days.

SEC. 3. [as amended] That for the purposes of this Act the following only shall be considered game birds: The Anatidæ, commonly known as swans, geese, brant, river and sea ducks; the Rallidæ, commonly known as rails, coots, mud hens, and gallinules; the Limicole, commonly known as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, tattlers, and curlews; the Gallinæ, commonly known as wild turkeys, grouse, prairie chickens, pheasants, partridges, and quails, and the species of Icterida, commonly known as marsh blackbirds and reed birds or rice birds.

That no person shall kill, catch, expose for sale, or have in his or her possession, living or dead, any wild bird other than a game bird, English sparrow, crow, Cooper's hawk, sharpshinned hawk, or great horned owl; nor rob the nest of any such wild bird of eggs or young; nor destroy such nest except in the clearing of land of trees or brush, under a penalty of five dollars for every such bird killed, caught, exposed for sale, or had in his or her possession, either dead or alive, and for each nest destroyed, and in default thereof to be imprisoned in the workhouse for a period not exceeding thirty days: Provided, That this section shall not apply to birds or eggs collected for scientific purposes under permits issued by the superintendent of police of the District of Columbia in accordance with such instructions as the secretary of the Smithsonian Institution may prescribe, such permits to be in force for one year from date of issue and nontransferable.

That no person shall trap, net, or ensnare any waterfowl or other wild bird (except the English sparrow), or have in his or her possession any trap, snare, net, or illuminating device for the purpose of killing or capturing any such bird, under a penalty of five dollars for each waterfowl or other wild bird (except the English sparrow) killed or captured, and in default thereof to be imprisoned in the workhouse not exceeding thirty days: Provided, That this Act shall not apply to birds or animals heretofore stuffed or to birds or animals hereafter killed in open season and subsequently stuffed. SEC. 4. That no person shall kill or shoot at any wild duck, wild goose, brant, or wild bird in the nighttime; nor kill or shoot at any wild duck, wild goose, wild brant, or wild bird with any other firearm, gun, or device than such as are habitually raised at arm's length and fired from the shoulder, under a penalty of five dollars for each wild duck, wild goose, wild brant, or wild bird killed, and in default thereof to be imprisoned in the workhouse for a period not exceeding thirty days; and the further penalty of twenty dollars for having any firearm, gun, or device other than the gun habitually used at arm's length, in possession, for the purpose of violat

ing the provisions of this chapter, and, in default, to be imprisoned in the workhouse for a period not exceeding ninety days.

SEC. 5 That to carry out the provisions of this chapter any police officer, game warden having police authority, or health officer, in the District of Columbia, with sworn information presented to such officer or warden, is authorized and empowered to thoroughly inspect any house, boat, market box, stall, cold storage, or other place of whatever character or kind, where he may believe game, meats, or birds, as heretofore mentioned in this chapter, may be stored or kept; and any proprietor, agent, employee, or other person refusing to permit such inspection shall be deemed guilty of interference with the police, and upon conviction therefor, be fined not more than one hundred dollars nor less than twenty-five dollars, and, in default of such payment, to be imprisoned in the United States jail not exceeding six months.

SEC. 6. That any person who shall knowingly trespass on the lands of another for the purpose of shooting or hunting thereon, after due notice by the owner or occupant of lands, shall be liable to such owner or occupant in exemplary damages to an amount not exceeding one hundred dollars. That notice shall be given by erecting and maintaining signboards, at least eight by twelve inches in dimensions, on the borders of the premises, and at least two such signs for every fifty acres; and any person who shall maliciously tear down or in any manner deface or injure any of such signboards shall be liable to a penalty of not less than five dollars for each and every signboard so torn down, defaced, or injured; and, in default, to be imprisoned for a period not exceeding thirty days in the workhouse.

SEC. 7. That there shall be no shooting, or having in possession in the open air the implements for shooting, on the first day of the week, called Sunday, except to transport said implements within or without the District of Columbia; and any person violating the provisions of this section shall be liable to a penalty of not more than twenty dollars for each offense.

SEC. 8. That wherever in this Act possession of any birds, fowls, or meats is prohibited, the fact that the said birds, fowls, or meat were killed or captured outside the District of Columbia shall constitute no defense for such possession.

SEC. 9. That any officer or other person securing the conviction of any violator of any of the provisions of this Act, in the police court or other court of the District of Columbia, shall receive one-half of any fine which may be imposed and paid for such violation, and prosecution shall be brought in the name of the District of Columbia.

SEC. 10. That all acts now in force in the District of Columbia inconsistent with the provisions of this Act be, and the same are hereby, repealed. Approved, March 3, 1899 (amended March 3, 1901).

ALASKA.

31 Statutes at Large, p. 332.

CHAP. 786. An Act Making further provision for a civil government for Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

*

SEC. 29. * * That chapter twelve of title one of said first above-mentioned Act ['An Act to define and punish crimes in the District of Alaska and provide a code of criminal procedure in the District,' approved March 3, 1899] be amended by adding after section one hundred and thirty-eight another section to be numbered one hundred and thirty-nine, and to read as follows:

That no person shall break, take from the nest, or have in possession the eggs of any crane, wild duck, brant, or goose; nor shall any person transport or ship out of

said Territory the eggs or the contents of the eggs of any crane, wild duck, brant, or goose, nor shall any person, common carrier or other transportation company carry or receive for shipment such eggs or the contents of said eggs, and any person or company who shall have in possession or receive for shipment or transportation any eggs or the contents of any eggs of the crane, wild duck, brant, or goose shall be guilty of a misdemeanor and upon conviction be punished as provided in this section. Any person or company violating the provisions of this section shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding six months.

Approved June 6, 1900.

INDIAN TERRITORY.

Revised Statutes U. S., 1878.

SEC. 2137. Every person, other than an Indian, who, within the limits of any tribe with whom the United States has existing treaties, hunts, or traps, or takes and destroys any peltries or game, except for subsistence in the Indian country, shall forfeit all the traps, guns, and ammunition in his possession, used or procured to be used for that purpose, and all peltries so taken; and shall be liable in addition to a penalty of five hundred dollars.

MOUNT RAINIER NATIONAL PARK.

30 Statutes at Large, pp. 993-995.

CHAP. 377. An Act To set aside a portion of certain lands in the State of Washi ton, now known as the Pacific Forest Reserve, as a public park, to be known as the Mount Rainier National Park. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all those certain tracts, pieces, or parcels of land lying and being in the State of Washington, and within the boundaries particularly described as follows! * * * are hereby dedicated and set apart as a public park, to be known and designated as the Mount Rainier National Park, for the benefit and enjoyment of the people; and all persons who shall locate or settle upon or occupy the same, or any part thereof, except as hereafter provided, shall be considered trespassers and be removed therefrom.

* * *

SEC. 2. That said public park shall be under the exclusive control of the Secretary of the Interior, whose duty it shall be to make and publish, as soon as practicable, such rules and regulations as he may deem necessary or proper for the care and management of the same. Such regulations shall provide for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonders within said park, and their retention in their natural condition. He shall also provide against the wanton destruction of the fish and game found within said park, and against their capture or destruction for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same after the passage of this Act to be removed therefrom, and generally shall be authorized to take all such measures as shall be necessary to fully carry out the objects and purposes of this Act.

Approved March 2, 1899.

The area of the park is 207,360 acres, or 324 square miles; in other words, about one-fourth the size of Rhode Island.

SEQUOIA, YOSEMITE, AND GENERAL GRANT NATIONAL PARKS. 31 Statutes at Large, p. 618.

CHAP. 791. An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That

The Secretary of War, upon the request of the Secretary of the Interior, is hereafter authorized and directed to make the necessary detail of troops to prevent trespassers or intruders from entering the Sequoia National Park, the Yosemite National Park, and the General Grant National Park, respectively, in California, for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law or regulation for the government of said reservations, and to remove such persons from said parks if found therein. Approved June 6, 1900.

YELLOWSTONE NATIONAL PARK.1

28 Statutes at Large, pp. 73-75.

CHAP. 72. An Act To protect the birds and animals in Yellowstone National Park, and to punish crimes in said park, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Cimgress assembled, That the Yellowstone National Park, as its boundaries now are defined, or as they may be hereafter defined or extended, shall be under the sole and exclusive jurisdiction of the United States; and that all the laws applicable to places under the sole and exclusive jurisdiction of the United States shall have force and effect in said park: Provided, however That nothing in this Act shall be construed to forbid the service in the park of any civil or criminal process of any court having jurisdiction in the States of Idaho, Montana, and Wyoming. All fugitives from justice taking refuge in said park shall be subject to the same laws as refugees from justice found in the State of Wyoming.

SEC. 2. That said park, for all the purposes of this Act, shall constitute a part of the United States judicial district of Wyoming, and the district and circuit courts of the United States in and for said district shall have jurisdiction of all offenses committed within said park.

SEC. 3. That if any offense shall be committed in said Yellowstone National Park, which offense is not prohibited or the punishment is not specially provided for by any law of the United States or by any regulation of the Secretory of the Interior, the offender shall be subject to the same punishment as the laws of the State of Wyoming in force at the time of the commission of the offense may provide for a like offense in the said State; and no subsequent repeal of any such law of the State of Wyoming shall affect any prosecution for said offense committed within said park. SEC. 4. That all hunting, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, or by the use of drugs or any explosive substances or

For an interesting history of this act see 'Hunting in Many Lands' (Boone & Crockett Club series), New York, pp. 403-423, 1895.

compounds, or in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park; and for the protection of the animals and birds in the park, from capture or destruction, or to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within the said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding three hundred dollars. Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities or wonderful objects within said park, or for the protection of the animals, birds and fish in the said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than one thousand dollars or imprisonment not exceeding two years, or both, and be adjudged to pay all costs of the proceedings.

That all guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.

[SEC. 5. Provides for appointment of a United States commissioner who shall reside in the park.]

[SEC. 6. Provides for appointment of deputy marshals for the park and for holding sessions of the United States district and circuit courts in the park.]

[SEC. 7. Provides for payment of salary of $1,000 per annum and fees to the commissioner and of fees to the United States attorney, marshal, and their assistants.] [SEC. 8. Provides that costs and expenses of cases under this act shall be certified, approved, and paid as in courts of the United States.]

[SEC. 9. Authorizes the Secretary of the Interior to erect a suitable building in the park at a cost not exceeding $5,000, for jail, and also for office of the commissioner.] SEC. 10. That this Act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and the Secretary of War certain powers with reference to the protection, improvement, and control of the saiu Yellowstone National Park.

Approved May 7, 1894.