AMERICAN BEE JOURNAL. 



287 



tion until about Sept. 1, 1883, when the 

 defendant went upon the premises and 

 took and carried away the hive, to- 

 gether with a swarm of bees that were 

 then in it, also the honey and honey- 

 comb, and appropriated the same to his 

 own use. The plaintiff had visited the 

 hive about twice a year while it re- 

 mained in its position, for the purpose 

 of ascertaining whether any bees were 

 in it, or had been. He had found none. 



The plaintiff never had any express 

 permission or license from the owner of 

 the land to place or keep his hive in said 

 tree. The defendant never had any ex- 

 press permission or license from the 

 owner of the land to come upon it and 

 take and carry away said property. 

 Said hive was at some distance from any 

 house, and no person knew where said 

 bees came from into said hive, although 

 a nnmber of people kept bees in said 

 town. 



There was evidence that for several 

 years signs had been posted up by said 

 Green on his premises forbidding all per- 

 sons from trespassing thereon, and that 

 one of said signs was within about 20 

 rods of said hive ; but the plaintiff testi- 

 fied that he never saw any of them, and 

 that he never had any notice to keep off 

 said premises. 



The defendant split open said hive, 

 took out its contents, and then nailed it 

 together again and replaced it in said 

 tree, in as good condition as it was be- 

 fore he took it away. 



The defendant testified that he knew 

 the owner of said land had forbidden all 

 persons from trespassing thereon, but 

 that said owner had told him that he did 

 not put up said notice to keep off his 

 neighbors, and had given him permis- 

 sion to go upon said land. 



Demand was made upon defendant in 

 due form before the commencement of 

 suit. After the suit was commenced, 

 the defendant turned over to said Green 

 what then remained in his hands of said 

 bees and honey-comb. The value of the 

 property taken was variously estimated 

 at from $2.50 to $10. 



Upon said facts the Court ruled that 

 the plaintiff was not entitled to recover, 

 and rendered judgment for the defend- 

 ant for his costs, to which ruling the 

 plaintiff duly excepted. 



The only question, therefore, is 

 whether said ruling was correct. The 

 plaintiff claims that he hived the bees, 

 and that he thereby acquired at least a 

 qualified property in them, notwith- 

 standing they were upon the land of 

 another, which was suflBcient to enable 



him to maintain this action. We do not 

 think the clain can be substantiated. 



The action is trover, and, in order to 

 recover, the plaintiff must prove title, 

 some title, in himself, coupled with pos- 

 session or the right of immediate posses- 

 sion. We do not think he has proved 

 either. 



Bees are ferw naturae, and the only 

 ownership in them until reclaimed and 

 hived is ratione soli. This qualified 

 ownership, however, although exceed- 

 ingly precarious, and of uncerthin ten- 

 ure, cannot be changed or terminated by 

 the act of a mere trespasser, that is to 

 say, the act of reducing a thing feroe 

 naturae into possession, where title is 

 thereby created, must not be wrongful. 

 And if such an act is effected by one 

 who is at the moment a trespasser, no 

 title to the property is created. — Farmer 

 and Breeder. 



Wlsconson Slate ConYciition. 



C. A. HATCH. 



The President's Address. 



Bkothek Bee-Keepers : — Allow me 

 to congratulate you on this, our eighth 

 annual reunion, on the continued suc- 

 cess of our society, and the steady prog- 

 ress of our industry. While there has 

 been a steady growth in bee-keeping, 

 there has been a marked growth in the 

 quality of the product, and in this let 

 the State society claim what is justly its 

 due. Our Honey Shows, and the discus- 

 sions and the interchange of ideas 

 which they are sure to provoke, we 

 claim as one of the prime factors in this 

 line, and yet there is room for improve- 

 ment. Let best quality, put up in best 

 manner, be your motto, and we will 

 hear less about the dullness of the honey 

 market. 



In order to make the efforts of our 

 society more effective, it seems to your 

 President that it would bring out a 

 larger show, and be, therefore, broader 

 in scope, if all entries were free, and the 

 necessary funds raised by a larger mem- 

 bership fee. One trial has proven this 

 to be the case. 



The Columbian Fair is another matter 

 that calls for our earnest and careful 

 attention. I am in receipt of a letter, 

 through our Secretary, from R. B. Kirk- 

 land, of the Wisconsin Fair Commission, 

 which shows that he is willing to co- 

 operate with us in making a creditable 

 show, and let us not be lacking on our 

 part. If we make a show in the Bee 



