bird, or part thereof, or nest or egg of such bird, during the time when the taking of it is prohibited, shall, in any such action, constitute prima facie evidence that it was taken, possessed, bought, sold or transported in violation of the provisions of this act, and the burden of proof shall be upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was obtained and is possessed lawfully; and in case of judgment being rendered in favor of the United States, it shall be disposed of as directed by the court having jurisdiction, and if sold, the proceeds of sale shall be transmitted by the clerk of the court to the executive officer to be disposed of as are other receipts of the commission.

SEC. 14. TRANSFER OF FUNDS.-That the unexpended balances of any sums appropriated by the Agricultural appropriation act for the fiscal years ending June 30, 1924 and 1925, for enforcing the provisions of section 1956 of the Revised Statutes, as amended, so far as it relates to the protection of land furbearing animals in the Territory, or by the sundry civil act for the fiscal years ending June 30, 1924 and 1925, for the protection of game in the Territory, are hereby made available until expended for the expenses of carrying into effect the provisions of this act and regulations made pursuant thereto.

SEC. 15. PENALTIES.-That unless a different or other penalty or punishment is herein specifically prescribed, a person who violates any provision of this act, or who fails to perform any duty imposed by this act or any order or regulation adopted pursuant to this act, is guilty of misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $500, or be imprisoned not more than six months, or both; and, in addition thereto, the conviction of any licensed hunter for a violation of any of the provisions of this act shall cause a forfeiture of his license and he shall surrender it upon demand to any person authorized by the commission to receive it; that all moneys from fines shall be transmitted by the clerk of the court to the executive officer to be disposed of as are other receipts of the commission.

That any licensed guide who shall fail or refuse to report promptly to the commission any violation of this act of which he may have knowledge shall be guilty of a violation of this act, and in addition thereto shall have his license revoked and shall be ineligible to act as a licensed guide for a period of five years from the time of his conviction therefor or of the establishment to the satisfaction of the commission of definite proof of such offense.

SEC. 16. EXISTING LEGISLATION CONTINUED IN FORCE TEMPORARILY.-The provisions of existing laws relating to the protection of game and fur-bearing animals, birds, nests and eggs of birds in the Territory shall remain in full force and effect until the expiration of ninety days from the date of the publication of regulations of the Secretary of Agriculture adopted pursuant to the provisions of this act.

SEC. 17. DATE EFFECTIVE. The provisions of this act relating to the creation and organization of the commission and with respect to making or adopting regulations shall take effect on its passage and approval. All other provisions of this act shall take effect ninety days from the date of the publication of regulations of the Secretary of Agriculture.

Hon. G. N. HAUGEN,

House of Representatives.

DEPARTMENT OF AGRICULTURE,
Washington, February 14, 1924.

DEAR MR. HAUGEN: I have your letter of January 24, requesting my opinion on the proposed new Alaska game law (H. R. 5949).

This proposed law would take the place of existing statutes for the protection of game and fur-bearing animals, which, owing to changed conditions, have become obsolete and practically ineffective for the adequate protection of wild life in the Territory. Furthermore, the residents of Alaska for some time have felt that they should have something to say in regard to the control of game in the Territory. This bill contains provisions to that end through the establishment of a game commission.

The salient features of the bill are:

(1) The creation of the Alaska Game Commission, to consist of five members, four of whom shall be appointed by the Secretary of Agriculture—one member from each of the four judicial divisions of the Territory-and each of whom shall be a resident citizen of the district from which he is appointed,

and, shall, before his appointment, have been for five years a resident of Alaska, and shall not be a Federal employee, and the fifth member to be the chief representative of the Bureau of Biological Survey resident in Alaska, who shall be the executive officer and fiscal agent of the commission, the commission to have authority to employ game wardens and such other assistants as may be necessary, and to fix their periods of service and compensation.

(2) To make it unlawful to take, possess, transport, buy, or sell any game animal, land fur-bearing animal, or wild bird, except under regulations of the Secretary of Agriculture, which regulations shall be adopted by the Secretary of Agriculture upon consultation with or recommendation from the commission. (3) To revise the present provisions in regard to hunting licenses, with suitable provisions allowing residents to export for mounting and return to the Territory trophies of animals legally killed; prohibiting aliens from hunting or possessing firearms, except under an alien special license; authorizing the commission to require residents of the Territory to procure resident hunting and trapping licenses whenever the commission shall deem it expedient to do so; requiring guides to be registered and licensed; and requiring fur farmers and fur dealers to be licensed.

(4) To authorize the Secretary of the Treasury and the Postmaster General, on request of the Secretary of Agriculture, to aid in carrying out the provisions of the act.

Other essential features of the bill confer necessary police powers on members of the commission, wardens, and persons appointed by the Secretary of Agriculture or by the commission to enforce the act, and on Forest Service employees, marshals, deputy marshals, collectors, deputy collectors, officers of Coast Guard vessels, special officers of the Department of Justice, and licensed guides to enforce the act, and require the commission to make annually reports and to submit annually a detailed estimate of the appropriation necessary for the service during the following fiscal year.

The bill has been carefully drawn, after a thorough survey of the entire situation and upon recommendation of and consultation with many residents of the Territory. With the building up of the Territory, game birds, game animals, and fur-bearing animals have greatly diminished in numbers, and, to give the remaining supply adequate protection, there is urgent need of a more comprehensive and elastic law than now exists.

The department feels that the proposed law, if enacted, would serve to give adequate protection to wild life in the Territory, and, at the same time, permit the residents of the Territory to participate in the formulation of regulations and in the administration of the law. For these reasons, the bill has my hearty approval.

Sincerely yours,

HENRY C. WALLACE, Secretary.

DEPARTMENT OF THE INTERIOR,
Washington, March 27, 1924.

Hon. G. N. HAUGEN,

Chairman Committee on Agriculture, House of Representatives. MY DEAR MR. HAUGEN: I have your letter of March 24 requesting a report on H. R. 5949, a bill to establish an Alaska Game Commission, to protect game animals, land fur-bearing animals, and birds in Alaska, and for other purposes. The game of Alaska is one of its most valuable natural resources. Owing to the great extent of this Territory, small population, and other conditions affecting the settlement of the Territory, considerable areas are practically certain to remain in a wilderness condition into the indefinite future. Game and furs are natural products of such regions, and with reasonable care may be perpetuated and continue to yield a substantial annual return.

At the present time conditions in relation to the wild life of Alaska have developed to a point where greater attention should be devoted to its conservation than it has had in the past. The present bill appears to provide a means to meet this requirement.

The existing game and fur laws of the Territory are out of date, and the game law is administered partly through the Department of the Interior and partly through the Department of Agriculture, with an inadequate appropriation of only $20.000 a year for game-warden service, which is under the administration of the Department of the Interior, through the governor of the Territory. Such a sum is wholly inadequate to properly administer the game

law, and unless a change is made the future of the game of the Territory will be jeopardized.

The Department of Agriculture has the administration of the laws for the protection of the land fur-bearing animals in Alaska, as well as the administration of other Federal laws for the protection of wild life, except the gamewarden service. Under the terms of this bill the administration of the game law in Alaska will be united with the administration of the fur-bearing animals in the Department of Agriculture. This will unite the two appropriations and should save overhead costs and duplication of service.

I suggest, however, that the bill be amended so as to exclude from its operations the Mount McKinley National Park, under the exclusive jurisdiction of this department. As in other national parks, the game in Mount McKinley is protected by the park superintendent and rangers on the ground, and no hunting is permitted except under the specific provisions of the act creating the park. The amendment indicated can be accomplished by including in the bill the following provision, preferably as a new section:

"That nothing in this act contained shall be construed as repealing or modifying in any manner section 6 of the act of Congress approved February 26, 1917 (Thirty-ninth Statutes at Large, page 938), entitled 'An act to establish the Mount McKinley National Park in the Territory of Alaska.'” So amended, I favor the enactment of H. R. 5949. Sincerely yours,

The CHAIRMAN. We will hear you, Mr. Sutherland.

HUBERT WORK.

Mr. SUTHERLAND. Gentlemen, the Chair has kindly stated that I may have a few minutes to present a brief statement regarding H. R. 5949.

Mr. CLARKE. What is the subject matter of it, Mr. Sutherland? Mr. SUTHERLAND. The Alaskan game act.

STATEMENT OF HON. DAN A. SUTHERLAND, DELEGATE IN CONGRESS FROM THE TERRITORY OF ALASKA

Mr. SUTHERLAND. This bill has been before Congress now for almost three years, during the entire period that I have been here. It is a bill that is agreed upon by virtually all the people of the Territory and agreed upon, I think, by the representatives of the sportsmen's clubs, in which there seems to be a general unanimity of opinion that this measure should be passed as it is, with a few amendments that have been suggested by the departments. The Department of the Interior and the Department of Agriculture have both agreed to the passage of this bill, and I find that is a very unusual situation with regard to bills that I have introduced for Alaska, where both departments are interested. Usually there is conflict of opinion as to the passage of those acts. But you have a report from the Secretary of the Interior and the Secretary of Agriculture that they approve the passage of this bill, and for that reason I would not think that any more discussion of the measure would be necessary, particularly for the reason that it has been pending so long and so much time has been taken in preparing it and from the fact that virtually all of the gentlemen present will approve it.

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I thank you, Mr. Chairman.

PROPOSED AMENDMENTS OF H. R. 5949

(1) SEC. 10, page 13, line 2, after the word "sold," strike out the words, 'for use within the territory, but not for," and in line 3, strike out the first word, export, and in line 2, after the word "sold," insert the words "under such restrictions as the Secretary may deem to be appropriate.”

(2) On page 13, line 9, strike out the word "and," and in lieu thereof insert the word, "or."

(3) On page 13, line 11, after the word " 'cannery," insert the words "or other commercial."

(4) On page 14, line 6, after the word "hunting," insert the words “and trapping."

(5) On page 14, line 17, strike out the word " taken," and in lieu thereof insert the word acquired," and strike out the last word, "not," and also strike out all of lines 18 and 19, and the word "Territory" in line 20.

(6) On page 15, in line 6, after the word half breeds" insert the words "who have not severed their tribal relations by adopting a civilized mode of living or by exercising the right of franchise."

(7) On page 16, line 25, after the word "half-breed," insert the words "who has not severed his tribal relations by adopting a civilized mode of living or by exercising the right of franchise."

(8) On page 18, in line 4, strike out the words "executive officer," and in lieu thereof insert the words "members of the commission"; and in line 5, after the word "issued" insert the words "by members of the commission and."

(9) On page 18, line 16, after the words "big game," insert a comma and the words "small game, and fur bearing animal," and after the word "hunting" insert the words "and trapping."

(10) On page 18, strike out all of line 17.

(11) On page 18, line 18, after the word "game," insert the word "hunting." (12) On page 18, line 21, strike out "20," and in lieu thereof insert the figure "5"; and also in line 21, strike out the word "moose," and insert in lieu thereof the words "trophy of big game," and also strike out all of line 22. (13) On page 18, line 25, strike oue "5" and insert the figure “2.”

STATEMENT OF DR. E. W. NELSON, CHIEF BUREAU OF BIOLOGICAL SURVEY, DEPARTMENT OF AGRICULTURE

Doctor NELSON. The hearing to-day was to cover two bills, the bill for game refuges and the Alaska game bill, H. R. 5949, about which Mr. Sutherland made a few remarks at the beginning of this session. I would like to make a brief statement regarding it for the record. There are a number of gentlemen here who would be glad to give their testimony in favor of this bill, but the time will be too short. I wish to say that the game and fur laws of Alaska at the present time, are obselete and very inadequate, and are greatly in need of revision. The administration of laws for the protection of fur-bearing animals is now under the Biological Survey, and a part of the administration of the game laws in Alaska is under the Secretary of Agriculture while a part of it is administered by the governor under the Department of the Interior. The governor of the Territory has authority to employ wardens who serve under his direction, and to issue licenses for nonresident hunters. That creates a situation which produces duplication of services. The wardens who are employed by the governor are located practically in the same places where we have wardens for fur protection, and we have found it impractical to get cooperation. The game-warden service is under the Secretary of the Interior, and he has transmitted a letter approving this bill, which takes that part of the service from his department and places it under the Department of Agriculture.

The CHAIRMAN. That is the letter incorporated in the record? Doctor NELSON. Yes; and also the letter of indorsement from the Secretary of Agriculture.

So far as we know, practically everyone is in favor of the bill. That will simplify and aid in its administration and will help insure

the conservation and upbuilding of the wild-life resources of Alaska. I doubt if there is anything further that I need say at this session, except that I would like to have the permission of the chairman to put in other statements.

The CHAIRMAN. Without objection it is so ordered. The Alaska bill is in the interest of economy and to do away with duplication of work?

Doctor NELSON. Yes. There is now appropriated $30,000 for administration of fur protection and $20,000 for administration of the game laws.

The CHAIRMAN. I understood you to say that one service overlaps the other.

Doctor NELSON. Yes; and what we desire is increased distribution of the wardens and to bring about a more effective service. With one department administering laws protecting wild life instead of two, it will be done more effectively.

The CHAIRMAN. And at less expense?

Doctor NELSON. At the same expense. The Biological Survey has received notices of the official indorsement of the present Alaska game bill from the following Alaskan organizations interested in the subject: The Alaskan Game Protective Association of Wrangell; the Wrangell Commercial Club; the Alaska Game Protective Association of Ketchikan; the Ketchikan Igloo of Pioneers; the Alaskan Native Brotherhood, Juneau; and the Northwestern Alaska Fur, Fish, and Game Association of Nome.

The overkilling of game in various parts of the Territory and the need for more careful protection is indicated not only by the statements in the article published in the American Forestry Magazine entitled "The moose butchers of the Kenai," but also in various communications on the subject received from different parts of the Territory. Two of these may be quoted as follows:

A correspondent from Woodchopper, Alaska, writes that in the winter of 1921 there were about 100 dogs in camps on the upper Yukon from Eagle to Circle which were fed mainly on moose and caribou meat. Other information of the use of large game meat for feeding dogs on a considerable scale has continued to reach the Biological Survey.

A correspondent from Sitka, Alaska, writes:

"I have been on the warpath more or less for the past year over the way game is killed and the law violated in this neck of the woods. Just about a year ago a cable employee was here making his brags about his killing some 19 deer and throwing away all but the hind quarters. Then, to cap the climax, some one came up there on Silver Bay, near the power house, and killed eight deer, either from a motor or rowboat, and left them lying there."

A correspondent writes as follows from Killisnoo, Alaska, under date of February 21, 1924:

"I am going to tell you what is going on here in the way of killing deer. There were 61 deer killed in this village on Kootznahoo Inlet in the month of January. I saw this many brought into the village with my own eyes. How many more I do not know. Thirty-five of them were fawns, and the killing is still going on."

STATEMENT OF DR. WILLIAM T. HORNADAY, OF NEW YORK, REPRESENTING THE PERMANENT WILD LIFE PROTECTION

FUND

Doctor HORNADAY. The present Alaskan game act, once welcome and useful, has become, by the lapse of time and changed conditions, imperfect and inadequate and satisfactory to no one. On account