In 1879, in the halls of the Arkansas legislature, there was an argument about game laws concerning the birds and deer. Lee County Representative William Hines Furbush introduced House Bill #22 to “aid in the preservation of birds, bird’s eggs and deer.” Primarily aimed at the protection of quail and grouse, the bill also outlawed the harvesting of bird eggs and placed a season on deer hunting. Independence County Representative Thomas J. Stubbs said that the bill did not “suit him” and he moved to remove any protection of grouse or partridges from the language. After the Lyon College teacher pondered a moment more, decided that his first motion was not strong enough and moved, instead, to indefinitely postpone the bill.[1]
Furbush, an African American Republican, used a three-pronged argument to stump for this bill, in parts an argument that game law proponents used again and again. Firstly, the state government needed game laws to show that they were passed their backward image. Arkansas possessed more progressive thinking, “If Arkansas ever expects to get out of the toothpick sphere which has been hanging to her for twenty years, she must adopt some of the laws in effect in older States.” Secondly, Furbush wanted to attract money to the state, stating that “Sportsmen are turning their attention west, and we could induce those men of capital to come [here].” And lastly, he emphasized the benefits that the animals provided Arkansas, explaining that “the birds save us from grasshopper plagues. The birds were killed off on the prairies, hence the affliction of the ‘hoppers. When the birds are killed out, the worms and germs take possession.”[2]
Sebastian County Representative R. H. McConnell claimed that there were some merits to the bill and did not want it postponed. He probably wanted an opportunity to bring it to the floor, so those opposed to it could defeat the bill before Furbush’s supporters could convince others that it was worthy of passage. William Fishback, the other representative of Sebastian County, had been at odds with Furbush over other matters, so McConnell was working on a tit-for-tat basis. “I consider grouse good at all seasons of the year,” McConnell sarcastically concluded. Furbush spat back, “It makes but little difference to you whether it is or not.”
Washington County Representative W. C. Braley moved to refer the bill to the Committee on Agriculture. Many Americans believed that wild game and fish were the state’s property. They considered them food and therefore, fell under the purview of the Agriculture Department. This was the case on the local, state, and national levels at the time. This attitude caused a great deal of trouble during the battle for state and local game laws in the future.
James H. Frazer, representative from Van Buren County, then rose and said that he “was from a mountain county, and his horny-handed constituents demanded the passage of such a bill. At present the loafers killed the game.” Stone County Representative J. H. Morris then bellowed, “This bill is worthy of the respect of the house.” Stubbs withdrew his motion to postpone and instead, the representatives sent to the bill to the agricultural committee.[3] The evening edition of the Daily Arkansas Gazette read “We are glad to see that Representative Furbush has introduced in the house a bill for the protection and preservation of our wild game.” The editor challenged nay-sayers, arguing that “preservation of our wild game is a measure of public policy [and] does not infringe upon nor curtail any reasonable liberty of the citizen, but guards against wanton destruction. No man is prohibited from killing as much game as he can find in the proper season, but the idle and vicious are prohibited from useless slaughter and disturbance during the breeding season.” He closed with an impassioned plea, “We hope the bill will pass without opposition, and not be murdered by foolish or ridiculous amendments intended to kill it.”[4]
[1] Arkansas Democrat, January 21, 1879. Furbush was an African American and photographer who had moved to Phillips County, Arkansas in 1870. For more information about Furbush, see Blake Wintory, “William Hines Furbush: An African American, Carpetbagger, Republican, Fusionist and Democrat,” The Arkansas Historical Quarterly, Vol. 63 (Summer 2004): 107–165.
[2] Arkansas Democrat, January 21, 1879.
[3] Arkansas Democrat, January 21, 1879, February 12, 1879.
[4] “A Game Law,” Daily Arkansas Gazette, January 21, 1879.
Arkansas Wildlife History 