AUTOMATIC SHOTGUN. AUTOMATIC Mr. Suretps. I am glad you brought that question up. We are here asking you to prohibit the use of this gun in the Territories. You are making States so fast that you will have probably only one Territory left at the end of this session. The Cuarrman. Not so very fast. Mr. Surexps. The prospect is that only one will be left at the close of this session. Alaska is one of the greatest bird-breeding grounds for migratory wild fowl on this continent. A great deal of our supply must come from Alaska. There are millions of other birds that breed in Alaska that do not come south, and especially I am speaking of the eider duck, which does not come south of Alaska, and which is very abundant there. It is used by the people for food, and its use as food is legitimate under certain circumstances. The Territory of Alaska is destined to be settled up in the next few years, and there will be an immense onslaught on the wild game of that Territory. If. for no other reason, we should like to have you pass this act to protect the wild life of Alaska. Mr. Capron. This law will not reach Alaska at all, if it is passed. Mr. Surietps. Then I wish to ask for an amendment to make it apply to Alaska. We want Alaska included in it. It is the most important part of this country for the preservation of bird life. The CuHairman. Assuming that everybody is quite in sympathy with you in the preservation of birds and game, the question arises now whether we might lawfully prohibit the use of certain kinds of arms. It strikes me it is a highly important element in this matter. Mr. Suievps. The Supreme Court has ruled that any necessary regulation may be made to protect game. ‘There is a case in the Supreme Court Mr. Rem. Let me ask you just on this point. It is within the power of the State to prohibit the destruction of game, or to prescribe the seasons during which it may be killed, and to make a discrimination between different kinds of guns which may be used at the time when they may be killed ? Mr. Sureips. Yes, sir. Mr. Rem. Now, take the hunting season; would it be constitutional to say that you might hunt with one gun and I be prohibited from hunting with another ? Mr. Surevps. It would take two or three hours to read all the de- cisions of the Supreme Court of the United States on that very point. One of them is this: In 1852 the legislature of Maryland passed a law that only one kind of rake should be allowed in taking oysters from the waters only a certain of that State. It provides that this rake should have only a certain number of teeth, and that the rake should be of size. Some people undertook to use larger rakes in taking oysters. The State arrested them and the-offenders were convicted. If you can limit the number of teeth in a rake to be used in taking oysters, you can limit the number of shots that a gun may fire for killing game. Here is another: In the The any preservation other police supreme useful power of the exeignty, to make court of Minnesota. of such purpose State, animals State v. Rodman as are adapted is a matter of public as the representative to (58 consumptien interest, of the Minn., and people such laws as will best preserve such game. 393, as food it is within in their united or to the sov- so) This decision was quoted with approval by the Supreme Court of the United States in the case of Geer v. Connecticut (161 U. S., 019, 583), and so was made a part of the decision of the Supreme Court rendered in that case. : Mr. Rew. I would like to ask you if the same principle is not involved in the legislation where the size of the meshes of nets is prescribed ¢ Mr. Surerps. Yes, sir. Mr. Rem. Also in case of those laws prohibiting the destruction of fish with dynamite ? Mr. Surexps. Yes, sir; it is the same principle. And I am positive that had the case in which Judge Ross rendered the decision spoken of been carried to the Supreme Court of the United States he would have been reversed, a dozen similar cases having been carried up there with that result. The Cuatrman. Mr. Surevps. Will you specify those cases ? Doctor Palmer, of the Biological Society, is prepar- ing a list of those cases. I will get advance proof sheets of that list within a few days and will send copies to the committee. The Cuatrman. Do any of these provisions affect the constitutional right of the people to keep and bear arms? Mr. Suietps. That does not relate to guns used in hunting game. The States have the right to regulate The Cuarrman. I see that your bill makes the having of the gun prima facie evidence of a crime. Mr. Sutevps. Here is a letter which the Department of Agriculture. Mr. G. O. SHIELDS, Editor Shields UNITED STATES Magazine, 1269 I want to read to you, from DEPARTMENT OF AGRICULTURE, BUREAU OF BIOLOGICAL SURVEY, Washington, D. C., November 22, 1905. Broadway, New York. My DEAR Mr. SHIELDS: On returning to the city after an absence of several weeks I find your letter of Nevember 11, gequesting a list of the States that have laws Nearly this kind, regulating all the the gauge States usually of guns that and the provinces prohibiting the use of may be used of Canada swivel guns, in have or hunting some those birds. legislation which ean not of be fired from the shoulder. The following lists will show how general this legislation is: (1) States which prohibit swivel guns (usually for hunting water fowl) : Delaware, Illinois, Iowa, Hampshire, North Washington, West Brunswick, Northwest tories, Yukon territory. (2) States shoulder: siana, which Colorado, Maryland, Massachusetts, Michigan, Minnesota, Dakota, Oregon, Pennsylvania, Virginia, Wisconsin, British Territories, prohibit use Connecticut, Nebraska, New Nova of Scotia, guns Delaware, South Ontario, unorganized than fired other New Dakota, of those Columbia, Jersey, New Tennessee, The Cuatrman. They limit the size of the guns. Mr. Suietps. They limit the use of guns to such Anything Missouri, New South Dakota, Tennessee, Columbia, Manitoba, New District Hampshire, Dakota, Ohio, Oregon, Pennsylvania, ington, Wisconsin, Wyoming. up and fired from the shoulder. 400). SHOTGUN. Terri- from Iowa, the Loui- York, North Texas, Wash- as can be held too heavy for that is prohibited. Mr. McKinney. As I understand, you do not object to any other kind of a gun than this automatic shotgun. You do not object to the repeating rifle or the double-barreled shotgun or the single-