Maeoh 3, 1881.] 



FOREST AND STREAM. 



87 



§ati(e §;ig and gun. 



Thk First Edition of the Forest and Stream's pam- 

 phlet on the ''Dittmar Sporting Powder" having been ex- 

 hausted, a second is now ready. Copies will be mailed free 

 upon application. The articles contained in the pamphlet 

 were published in this journal as follows : 



Sept. 23, 1880— Tue "Dittmar Spoking Powder." 



Sept. 30, 1880 -Evading Detonation. 



Oct. 7, 1880— The Detonation of " Dittmar Sporting Pow- 

 der." 



Dec. 9, 1880— The Dittmars' Abracadabra. 



Hounding Dkbb.— Three communications on this subject 

 are deferred until next week. The discussion promises to 

 be an interesting one. The points on which the experience 



of ( 



4th. D( 



'.Eked : 



ction ref erred to' 



i like manner KHn-hjinpiig and its effects. 



sth. What class of mail km the most fleer.?— market hunters, or par- 

 ties of sportsmen?— re-i. if-n t-, ornon-reslflentai 



0th. Would resident sportsmen approve of a. law prohibiting Hound- 

 ing deer ■? Would tlie residents assist. In enforcing It ? 



70i. Would they approve of a law permitting hounding, but prohib- 

 iting the tilling or capturing ol tire deer after it lias t>een run Into the' 

 water » Would such a law be practicable 7 



8th. Wnat ik the open season for deer? 



9th. What tiro the winter habits ot deer, so tar as you have person- 

 ally observed them 7 



"Fi.ibta.tion Camp, or the Rifle, Rod and Gun in Cali- 

 TOBNJ a," is the title of Mr. T. 8. Van Dyke's excellent book, 

 a review of which will be given next week. We can supply 

 the book at $1,00. 



MICHIGAN SPORTSMEN'S ASSOCIATION. 



[Tuesday Session, Continued from Page 49.] 



fTI HE Secretary's annual report gives the best of evidence 

 -L that the Association is gaining the estimation of the 

 people of the State, and thereby largely increasing its oppor- 

 tunities of usefulness. We give the greater part of the re- 

 port as follows : 



To the Michigan Sportsmen's Assooiation : — Review- 

 ing the work done by this association the past year, your 

 Secretary would join with you in mutual congratulations 

 upon the unmistakable evidences of the result of our work, 

 which present, themselves on every hand. Notwithstanding 

 the increased edition, the demand for copies of our annual 

 hook for 1880 has been greater than ever before, so that of 

 the 2,000 books published I am able to report but seventy-live 

 copies left for future demands. This little missionary for 

 good has been sought for far and wide, and wherever it has 

 gone a better public sentiment is sure to follow. The past 

 year has witnessed a marked change in public sentiment gen- 

 erally in relation to this association and its objects, and in no 

 way is this more plainly manifested than iu the discriminat- 

 ing and commendatory notices received from the State 

 press. To our staunch friends, the leading newspapers, in- 

 cluding tlie sportsmen's journals, our allies and supporteis in 

 the dissemination of knowledge and the overthrow of igno- 

 rant prejudice concerning this association, we return grateful 

 thanks for their appreciative and encouraging utterances dur- 

 ing the past year. It is but. a few years since the term 

 " sportsman " was considered in this State a synonym for all 

 that was lazy and irresponsible, not to say dishonest and im- 

 moral — a gambler or vagabond without the pale of good so- 

 ciety. There are too many so-called "sportsmen" still who 

 but loo closely fill this description, but thanks to the men 

 of character and influence, who have stood at the helm of 

 this association since its organization, and to our friends 

 everywhere, the public have grown to recognize a vast 

 difference between a "sportsman " and a "sporting man." 



From a small beginning the Michigan Sportsmen's Associa- 

 tion has grown to be an acknowledged State institution, re- 

 spected and commended for its spirit of humanity, friendship 

 and protection toward our game animals, birds and fishes, 

 while its sincerity of purpose is no longer doubted. From 

 friends and strangers iu the East, West,, North and South 

 have come voluntary words of praise and encouragement for 

 the good that is being accomplished and the faithful manner 

 in which this society lives up to its professions and the pur- 

 pev.s i..f ;s 'ijg.iuii.-iUi.in. Ii. is noi will) any feeling of vanity 

 or vain glory I recall the many complimentary words that 

 have been spoken of thi< body since its last meeting, but 

 rather with a feeling of thankfulness and deep satisfaction 

 that the disinterestedness and sincerity of purpose, or, in 

 other words, the spirit of "the. greatest good to the whole 

 State," which actuates each and all of us, has succeeded in 

 making its influence felt, not only at home, but far beyond 

 the confines of the peninsular State. Your Secietary has 

 kept no record of the number of letters answered the past 

 year, but they must amount to several hundred. Informa- 

 tion has been asked upon every conceivable subject, and 

 sometimes a stamp for reply was also sent. Several re- 

 quests have been made for a form of constitution and by- 

 laws for game protection clubs, both in and out of the State, 

 which suggests that it. would be desirable to have printed an 

 approved form of articles of organization for the use of aux- 

 iliary clubs that may be formed. About 1,000 circulars for 

 different purposes were printed during the year and mailed. 



Our book for the current year promises to be larger and 

 better than any of its predecessors, and judging from the ma- 

 terial now in sight, will comprise two hundred "pages or more, 

 or about double iu size the book of last year, while the edi- 

 tion will be doubtless increased to 2,500 copies. 



This will enable us to carry out a plan we had arranged lor 

 the past year, but which failed owing to the great demand for 

 copies, viz. , the sending of a copy of our book for 1881 to the 

 editor of every newspaper in both peninsulas, on the line of 

 and north of the Flint & Pere Marquette R. R. These pio- 

 neer papers, the molders of public sentiment in their respec- 

 tive localities, could they receive and peruse this book, would 

 soon become disabused of the erroneous idea which so many 



of them advance, that this association is endeavoring to se- 

 cure game legislation for the benefit of a favored few at the 

 expense of the hardy pioneer and actual settlers. And the 

 co-operation of the settlers on the frontier of our pineries will 

 never be secured until they can be made to see the wisdom of 

 stringent laws to preserve for years to come this abundant 

 food supply, to themselves and their families, against, the 

 wasteful slaughter of their neighbors or outsiders, and until 

 they learn that the members of the Michigan Sportsman's As- 

 sociation are the best friends they have, and not their ene- 

 mies. 



The outlook for our usefulness was never more, encourag- 

 ing. The public is becoming aroused to the importance of 

 protecting and preserving the noble denizens of our forests 

 from the insatiate rapacity of outside market hunters, and (he 

 fiendish waste of beasts in human form who, for the paltry 

 shillings the hide may bring, kill during nine months in the 

 year, and leave to rot on the ground the entire carcass of the 

 noblest animal that roams the Michigan forests. 



For years we have labored assiduously, expended time and 

 money to ho small extent, to procure a code of laws for the 

 protection of game and fishes, that would wisely perpetuate 

 to us and to our children, the finny, feathered and antlered 

 tribes with which a bountiful Creator has with so lavish a 

 hand stocked our forest" and fieldB, and our lakes and 

 streams. Let us hope that the near future may bring the con- 

 summation of our cherished plans. H. D. Roney, Sec. 



REl'OBT OF THE PUBLISHING COMMITTEE. 



Tour publishing committee would respectfully report as 

 follows : They procured the publication by the " Saginaw 

 Courier Company " of 2,000 copies of the Michigan Sports- 

 men's Association's third annual book, containing the trans- 

 actions in full of the fifth annual session at Bay City, Feb. 3 

 and 4, 1880, the game laws, etc., at a cost of SI. 50 per page. 

 The book contained 116 pages, making the total cost of pub- 

 lication $174. To meet this expense, advertisements were 

 secured amounting to $175.50, entirely paying for the edition 

 of 2,000 copies and leaviug a surplus of $1.50, which was ap- 

 plied on expense account for stationery, circulars, etc. 



The books were distributed as follows, in every instance a 

 circular being sent requesting the recipient to distribute them 

 with judgment and without delay : 



Evart 12 



Galcsburg 20 



Monroe G 



Eaat Saginaw 100 



Indian Point 10 



Ilowagiac 12 



AVhitehall 20 



Orleans 12 



One to every tish commis- 

 sioner iu the United States 



—total 100 



State Legislature 150 



Sent to State press, sports- 

 men^ papers in England 

 and America andin dividual 

 sportsmen throughout 

 Michigan, the U. States, 

 Canada and Great Britain 339 

 On hand 75 



Total. . 



■i 000 



St. Johns 25 



SaginawCity 30 



Hastings 20 



Eaton Kapids fi 



Pokagon 100 



Grand Itapids and Western 



Michigan 375 



Howell 40 



Jackson and Grass Lake 50 



Coldwater 7 



Owosso... 25 



St. Louis 12 



Bay City and vicinity 115 



Mt'Clen'iens 30 



Lansing 25 



Port Huron 12 



Traverse City 25 



Detroit ". 80 



Flint. 50 



Battle Creek 105 



Marquette 12 



Two hundred and fifty circulars soliciting advertisements 

 for the book were printed at an expense of $1.25 and the 

 cost included in the Secretary's bill of expenditures. 

 Respectfully submitted. 



H. B. Ronev, D. R. Brown, C. M. Noeris, 

 Publishing Committee. 



WEDNESDAY MORNING SESSION— JAN. 26, 1881. 



The chairman of the Missionary Committee, Mr. 8. A. Mc- 

 Lean, of Bay City, made the following tepofl of the Mis- 

 sionary Committee : 



"Owing to the late appointment of this committee we 

 were unable to put into execution the plana agreed upon at 

 Bay City last year, and owing to the unwillingness of the 

 majority of the committee to act we became practically in- 

 effective. We have made some progress, however, and would 

 recommend the following as one of the ways of making our 

 laws more effective." 



Mr. Higby, of Jackson, another member of the Missionary 

 Committee, and chairman of the Committee on Enforce- 

 ment, then read the following, as a joint report for both com- 

 mittees ! 



ENFORCEMENT OF THE LAW. 



This association is organized for the purpose of securing 

 the enactment of judicious and effective laws for the protec- 

 tion, at proper time, of wild game of fur, fin and feather 



While this association has been diligent the past six years 

 in preparing and presenting wise and judicious amendments 

 to our game laws, it occurs to me that we have lost sight of, 

 either directly or indirectly, one of the principal objects — the 

 protection, at proper time, as before mentioned. 



Gentlemen of the association, now is the time. Then let 

 us cast about, one with another, that the best means may be 

 devised tor protection at proper times. There can be no bet- 

 ter method than the enforcement of the law. We should not 

 stop to scrutinize. A weak law, well enforced, is far more 

 beneficial than a radical gone by default. If we fail in so 

 doing we belie oue of the express objects of this association. 



It is useless for me to enjoin upon you the great neces dty 

 of immediate action in this direction. There is not a gentle- 

 nian upon this floor who is not aware of the wanton and 

 wholesale destruction of every species of game in and out of 



It lies within the power of this association to say : " Thus 



far thou shalt go and no farther." I think I have not over- 

 drawn the estimate. Let us fight it out on this line if it takes 

 all winter. 



The most effective way would be to establish a State game 

 warden — an officer independent of any police or other meas- 

 ure—with salary sufficient to make it effective, with power 

 to appoint one or more deputies iu every county in the State, 

 and to remove for disability or incompetency. In order to 

 bring this matter properly before this convention I have pre- 

 pared and hereby offer the following resolution : 



Wiiereas, This organization Is organized tor the purpose of secur- 

 irjLf the mia.cinnoir of imiieinos and fin -.a Ire lao, -. ir,r ti.i piYitecilnn, 

 at proper times, or wild game of fur, lln and teather ; and 



Whkkkas, for want of proper protection I).' 



laws, the same districts or tlie State are becom: 

 ton a tin wholesale, -nan -j liter; and 



WiiEioias. Tt becomes an important, duty o 

 convince all parties iiil.eri-si.ca t.lia.t we are ] 

 some special provision ior the enfoi-coinentof 11 



y.v.MiOvi!, That a committee of throe lie appoi 

 to comer wltn Got. Jerome as to I.Le Importune 

 ;"v- ■.ppoivnm.ear th a Slate rtarsc Wards 



; depleted Dj 



county in the state, and to remove the same lor disability or Incom- 

 petency. Tlie -,nd ooiti rentier r,[. three to prepinv ami draft a hill de- 



i. ";■ Hi. ninic- of H o :;, " tYari!.;;,. ami hi'- i O'lj 11 (Set ; a 1 it lLiO 



amount at .'.i -ij.-ii i, ,.i mm tin i, .inn;: o; h.iyow; Urn same 



Cykus W. Hiobt. 

 On motion the report was accepted, and the resolution 

 looking to the appointment of a State Game Warden adopted. 

 A motion was introduced by Mr. A. J. Kenney, and was 

 carried, as follows ; 



JtoSB/vsfl* That l he r.eglRlaUvc committee be and are hereby In- 



nroetcd in il.r.-.'t ., .,. i T.ii.r, n Ihr n comn need earn; bill tor I lie r on - 

 skiers i km ot tins association lo prevem ; n ; -iioai ima and Nailing of 



frame In this State on Sunday, and providing tor the arrest ot oi- 



oiniei's ae.uosr i in- same. 



REPORT OF THE COMMITTEE ON LAWS FOR THE PROTECTION OP 

 GAME ANIMALS OF FTJK AND FEATHER, AND INSECTIVOROUS 

 BIRDS. 



To the Michigan iSjmrf.s-men's Axxoeiatioii:— Gentlemen : 

 Your committee " On laws for the protection of game, ani- 

 mals of fur and feather, and insectivorous birds " beg leave 

 to report as follows : 



Wc have put our recommendations largely in a practical 

 shape, and herewith submit to the consideration of the asso- 

 ciation drafts of two bills prepared for enactment. These 

 bills upon a comparison with existing laws show the changes 

 proposed thereto. 



The object of the first bill is to amend the provisions of 

 existing statutes. 



The object of the second is to define the purpose for which 

 game may be killed, and lo prevent, the killing of the same, 

 or the shipment of the same if killed, for any use or purpose 

 not permitted by law. 



The association at its meeting in 1880 substantially passed 

 the consideration of the Bubje'et referred to your committee 

 until this session of the association. And these proposed 

 bills are but an outgrowth of the bill which met the ap- 

 proval of this association in its meeting of 1879, improved, 

 it is hoped, by amendments, mainly suggested by considera- 

 tions which have arisen since that session. 



vnd we lake occasion to say here respecting the amend- 

 ments proposed that Iheydo not in any sense embody ideas 

 original with your committee, for they may all be found en- 

 forced by able' argument in the published proceedings of tliis 

 association for the vears 1878, 1879 and 1880, and wc hereby 

 cheerfully acknowledge the assistance derived from reading 

 and considering the said proceedings, and hope we have em- 

 bodied the ideas already advanced in a practicable shape for 

 successful enactment. The necessity of their enactment 

 needs no argument at our hands. A stronger argument than 

 we can present is the knowledge which every member of this 

 association has that our game, particularly our deer, are 

 meeting with wholesale slaughter, largely to replenish the 

 pockets of non-resident, market hunt' rs (who hunt in other 

 States for sport, in Michigan for the market), and to enrich 

 non-resident game dealers and tickle the palates of non-resi- 

 dent epicures. Iu fact, it may not be considered as stating 

 the t[tiesl ion too strongly to state that the above causes ac- 

 count for the. greater portion of the unnecessary killing of 

 deer. 



A word as to the changes and the reasons for the same 

 made in the. bill of 1879, which, with the exception of a few 

 purely verbal changes, are as follows : First, so much of the 

 said bill as relates to elks is stricken out, for the reason that 

 an act of the legislature of 1879 prohibits the killing of elks 

 for ten years from the passage of lhat act. 



Second. The amendment proposed by that bill to section 

 ten of the existing law is dropped, and an additional clause 

 drawn by Judge Holmes, of Bay City, is added to section one 

 as amended, to take the place of said amendment to section 

 ten. We call special attention to this valuable amendment. 



Third. The subject of the shipment of game from the 

 State is eliminated from the bill, and we indulge in the hope 

 that the purpose of the clause on that subject is more fully 

 met by the second bill herewith reported to this association. 



The object of this second bill as well as the first, and in- 

 deed of the existing game laws, is to preserve and protect 

 game, birds and animals. 



There is nothing better settled than the position that laws 

 enacted with such an object will be upheld as constitutional, 

 unless they contain provisions which are unconstitutional for 

 other reasons. 



Is the second of these bills unconstitutional ? It has been 

 decided that a law which prohibited the shipment of game, 

 lawfully killed, was unconstitutional, and it may be urged 

 thai Ibis bill is unconstitutional upon the same reasoning. 

 Waiviug the point as to whether our Supreme Court would 

 make the sane decision on a similar law, the bills are clearly 

 distinguishable on principle. And the bill proposed will, we 

 think, be upheld by our Supreme Court, if enacted and called 

 in quest ion. 



The following positions are well settled and have been sus- 

 tained and declared constitutional by the highest courts of 

 the land, viz. : 



(1). It is permissible for the Legislature by legislation to en- 

 tirely prohibit the killing of any given species of game, or any 

 species of wild bird or animal. 



(2). The Legislature may likewise define, limit, shorten or 

 lengthen the time in which any species of wild game may lie 

 killed. 



(3). The Legislature may prohibit the killing of all of any 

 given species of same, animals, fish or birds under a certain 

 given ape or size, or prohibit the killing of any hut males of 

 a given age. There are numerous instances of such laws on 

 the statute hooks in various States. 



(4). Statutes prohibiting the killing or capture of given 

 species of game and wild animals in a certain manner de- 

 clared to be by such act unlawful, have often been held con- 

 stitutional. 



(5). Aud an act prohibiting the having in possession of 

 birds of a. kind specified in the act, has been upheld even when 

 it appeared that the birds in question had been lawfully killed 

 in the open season either in the State where the suit was 

 brought, or some other State 



Tlie principle on which such decisions could have been and 

 doubtless were largely based as applied to our own Stale, 

 may be stated tints": It is within the constitutional power of 

 the Legislature of this State to pass laws which define the 

 time in which, the manner by which and the purposes for 

 which, wild game and wild animals may be killed; and to 

 make unlawful the prohibited killing, or the having iu pos- 

 session, or the transportation of such as have been unlawful- 

 ly killed. 



Under the bill proposed there can. be no lawful killing for 

 any purpose except for food in this State. Hence, practically, 

 there will be no lawfully killed game to transport; out of the. 

 State. It will, we think, be a presumption of law that dead 

 game in the possession of parties, consigned to parties out of 



