264 



FOREST AND STREAM. 



[May 8, 1883. 



i of w6ode life and of congenial tastes, and shave 



with them in the heart of the woods the labor and rest, the 

 loneliness and quiet which are incident lo camp life, and 

 which form half of its charms. 



These guides should realize that in permitting these boat- 

 men to compete with them on even terms they do themselves 

 injustice. 



The woods landlords should realize that in sustaining the 

 extorl ions of these, boatmen they doit at the expense of their 

 own interests, for n large majority of those who now visit 

 the woods eare little for hunting or Ashing, but ts to appre- 

 eiate the delightful climate, the indescribable Sensation of 

 rest and freedom from anuoyanee of all kinds, which they 

 best realize while lounging on the wide, shaded piazzas, witii 

 books and cards or chess, and with ladies the occupation of 

 fancy work, and for children the croquet, end all are con- 

 tented to let the hot-looking lakes alone during the day and 

 spend their time in the cool "woods gathering mosses and 



ferns. 



Toward evening though, nearly all would enjoy a row. 

 Two hours a day would cover the average need for' this, and 

 thus complete each day with another pleasure. But as 1 

 have shown this pleasure is denied them, unless, indeed, 

 they are willing to submit to extortion, and to pay a man 

 daiiy a big days wages for doing nothing but to lie around 

 the guides' camp smoking his pipe, 



There are snme very pleasant pliiees that I know of where 

 the landlords have broken clear of thissystem. AtFletchcr's, 

 on Forked Lake; at Paul Smith's, on St. Kesris: at Rude's. 

 onLukePiscco; at Andrews's and Sturgis's. on Lake Pleasant, 

 a boat or boatman can be hired for such periods as are 



desired 



Undoubtedly there are other places, and 1 would be glad 

 if the list were" increased, for by scratching Irom my list of 

 available"? the places where I have failed to get what i wished 

 unless I paid for what 1 neither wished nor got, I have 

 reduced my resources. 



I hope that in this rather hastily written paper 1 have 



I i in making it clear that I fully approve of paying 



ureal guide full wages, and believe that he more than earns 

 them, and that my grow] is at those only who, claiming to 

 be guides, are paid as such for little or no guide H ' ICO 

 My views in regard to B number of matters connected with 

 this subject are very fully given in a letterpublislied by you 

 In July, 1878. If you will glance over that you may think 

 it worth while in this connection to republish some of its 



tatementa upon which 1 based an argument that if the 

 iild be made game constables and protectors, many 

 of theptesent evils would be diminished. Pxsbco. 



INDIAN FOLK-LORE. 



.Tie- following Btories have been collected durtni 

 Rome veors amonff Indians who have i."i yet come en 

 any while* wiili the exception of ilie servants of tbe 

 Company, -" that tie-- lepeiul- may [airly . 

 from tne lainl of eivilizntion and to r.-pr- sent Indian 

 primitive state. !i wfll be noticed that the Kir.u.i pa 



_._n the a 



lag the ell 

 ami to the 

 taiDoiants 



to make i 

 told lc 



maK 



told to mo. Many of them have, almosi a familiar look, such as tl 

 Clitnhiiii; Hoy, uhicb certainly has some liken, ss to Jaek and ti 



1 1. -The Climbing Boy. 



A BOY and his two sisters lived together in a tent, One. 

 day the boy went huntiug, as usual, and seeing a 

 squirrel, he shot an arrow at it, but the arrow stuck in the 

 nee. The boy climbed up after it; and when he came near 

 he blew it to shake it down, but the arrow went higher up. 

 So he climbed again and blew, but it went still higher. 

 This lasted some hours, when he found himself able to step 

 on to firm ground, covered with squirrel tracks and marks 

 of all kinds Of animals. After slaying thwe some days, he 

 returned to his sisters and told litem what he had discovered. 

 Tliev agreed to go lo his new country with him and deter- 

 mined to live there. So taking his magic arrow he shot it 

 up the tree, making his sisters go up first, telling them when 

 they came near the arrow to blow it. This they did; and in 

 time reached the country, v. here they built "a tent. He 

 hunted all day and never the game was scarce. Soon he 

 had collected enough squirrel skins for a coat, which his 

 sisters made for him. The fire! day he put it on and walked 

 owayfrom the lent until became to a path in the snow, 

 when he laid himself right across the track. After he had 

 lain there some time he saw 8 great, fiery Wheel rolling 

 along the path toward him, but he would not move, so the 

 sun stopped and asked him to get out of the way. but he said 

 he should not. when the sun rolled right over him, burning 

 his new coal, which made him very angry. He shouted to 

 him that he would be revenged. When he got back to his 

 tent be bad bis sisters make him lines of sinew, with which 

 he made a snare right across the path. .After a lime il be- 

 came quite dark, when he cried out, "1 have done it, I have 

 dnne it" His ststers asked him what he had done. He 

 Hiiid, "Made it dark." But he found that he would be 

 obliged to let the sun go, for he could not sec to hunt, He 

 , [oi trying to release him that he burned his lingers. 

 The« no asked the animals to help him: but they found it 

 loo hot work. At last the mouse managed to gnaw away 

 the snare, but in doing so burned his nose. After this he 

 lived in the sun for a long time, and married his sisters and 

 peopled the country. 



IV.-The Beaver Wife. 



A man wauled a wife, so he looked about for one to please 

 him. bul could not find one among all the girls he knew. 

 One day he met one called The Beaver. She had lovely 

 teeth; this he noted when she laughed; so he made up his 

 mind to marry her. He went, to her father and asked him 

 fin his daughter, and was told that he might marry her if 

 he liked, but that if he did he would have a lot of trouble; 

 and I he father refused to part with her unless iln BuitO! 

 promised to make a bridge across every stream he came lo 

 for her to pass dry-footed. This the suitor promised to do. 

 1 Ie married the girl and lived very comfortably with her for 

 two years, when he went as usual owl-hunting, leaving his 

 Wife to make a new camp. As usual, he made bridges over 

 all the creeks be came to. At last he came to a dry one. 

 he made no bridge, but walked on for about a 

 mile, where he hung up his bag to show where he wished 

 the camp to be made. He then went on ami made his 

 snares, it rained while he was doing so, and he returned 

 early expecting to find the camp. But when he came to the 



place, Here was ins bag but no camp. Going back In look 

 for his wife, he came to the creek which had been dry in 

 the morning, but was full of water; and what astonished 

 him more was that a large beaver house was built that he 

 had not noticed before. He then determined to break it, bul 

 while he was trying to break in. he heard his wiles voice 

 inside tel]jng him to go away, for his neglecl to put up a 

 bridge had changed her into a beaver. He tried manv times 

 to take the house, but always tailed. His furgetfulness cost 

 him his wife and his two children. OI8TGBKE8IK. 



Mhose Factouv, Hudson's Bay, British America. 



right to use the 

 ame manner as 

 lie read or foot- 

 right of fishing 



Villi. 



RIPARIAN RIGHTS. 



NEW York. April 30, 1883. 

 Editor F'.rint mni Strewn: 



The season for salmon angling is at hand, and in view 

 Of il" 1 recent decision as to riparian rights in the Exchequer 

 Court of Canada, and more recently confirmed by the Court, 

 of Appeals, also in the "pox River" case, in the Supreme 

 Court of Illinois, the following extracts from these deci- 

 sions may be of service in preventing disputes as to such 

 rights by many paities not cognizant thereof. 



Ax Oi.u Aviii.T/.i;. 



In the Exchequer Court of Canada. Christian A. Rob- 

 ertson and the Queen. Judgment by the Hon, Mr. Justice 

 G wynnc: 



Page 10.— "The public have merely t 

 river for passing lo and fro upon it, in 1,1., ,. 

 tiny have a right of passage along a publ 

 path through a private estate, but the 1 

 in such a river by the riparian pr 

 right of property vested in such propi 

 of their being seized of the -Alvvi.t' of thestn 

 filuii) iiqiim' (to the middle thread of the water), which prima 

 'jii.vli all proprietors of land adjoining an inland river are. 

 'Riparian proprietors' is a term applied bv the civilians to 

 the owners of watercourses, and the use of the same signifi- 

 cant and convenient term is more fully introduced into the 

 common law; the soil of the bed itself. 'and consequently the 

 water, may be, and most often is, divided between two 

 opposite riparian owners; that is. the land on one side may 

 be owned by one person and the land on the opposite side by 

 another, When such is the case each proprietor owns t'o 

 the middle, or what is called the thread of the river." 



Page 11. — Audi Hale, "Jure Maris, p. 5 of Ilcngran's 

 tracts," says, "Fresh water risers, of what kind soever, do 

 of common right belong to the owner of the soil adjacent, 

 so that the owners of one side have of Common right the 

 propriety, that is, the property of the soil and consequently 

 1 lit- right of fishing, 'usque all filutn aqua,' and the owner 

 of the other side, the right of soil or ownership and fishing 

 unio the 'Mum aqua? on their side." 



Chancellor Rush in his commentaries says: "It was a 

 tell led principle of the common law thai the owners ol ie iflj 

 on the banks of fresh water rivers, above the ebbing and 

 flowing of the tide, had the exclusive light of fishing aa 

 well as Ihe ri edits of property opposite their respective lands 

 ■ml medium filvm aqua,' and when the land on each side of 

 the river belonged to the same person he had the same ex- 

 clusive right oi r fishing in the whole river, as far as his land 

 extended along the same. The right exists in the river of 

 dial description, though they be of the first magnitude and 

 navigable for rafts or boats, but they are Bubject to the "jus 

 publicum' as a common highway or easement 



Page IB, — "Crown grants of land adjacent to rivers above 

 the ebb and flow of the tide are presumed to convey to the 

 grantee the bed or soil of the rivn-, and bo to Donvey the ex- 

 clusive right of fishing .therein to Ihe midili tli read of the 

 liver opposite to the adjacent land so granted." 



"When the exclusive rights of fishing does not already ex- 

 ist by law, consisting of ungranted lauds, no exclusive rights 

 of fishing could be legally established by any person." 



And in the Fox River case, PosBBT and Stream April 5, 

 page 198: 



"Where such proprietor owns the land on one side only of 

 the stream, his right to the land and to the use of tbe water, 

 whether used as a power to operate mills and machinery, or 

 merely as a fishery, extends only to the middle thread of the 

 stream as at common law." 



THE STATE OF OHIO iv. JNQ, SUA XX' ) X. 



Si/lt.ii'in - r,,i, , Section :w. Chap, s, Title 1 of the Crimes Aot Of. 

 ■ I 1 . .", I . . II is unlawful to shoot at. or kill wild ducks mi the lands 

 of another person, although witutn tbe channel 01 a navigable river, 



board uiscrfhe i in legible "English characters, thus, 'No shooting or 

 hunting allowed on these premises.' " 



Exceptions to the Court of Common Pleas of Sandusky 

 county. 



Shannon was arrested on a warrant issued by a Justice of 

 the Peace of Sandusky county on complaint Of George G. 

 Tiudall, charging a violation of Section 33, Chap. 8, Title 

 1, of the Crimes" Act of Mayo, 18??. The section pro- 

 vides-. 



"Whoever, having received verbal or written notice from 

 an owner of inclosed and improved lands, or any lands the 

 boundaries of which arc defined by stakes, posts, water 

 courses, ditches, or ni'irked trees, his agent, or a person in 

 charge thereof, not to hunt thereon, shoots at. lulls or pur- 

 sues with such intent on such lauds, any of the birds or 

 game mentioned in Sections 3?, 2$ and 30 of (his chapter, and 

 whoever shoots, kills or pursues with such intent any of 

 such birds or game on the lauds of another upon which then- 

 is set up in some conspicuous place, a board inscribed in 

 legible English characters, thus, 'No shooting or hunting 

 allowed on these premises,' or pulls down or defaces any 

 such board, or the letters thereon, shall be fined," etc. 



Among the birds or game mentioned in said Section 88, 

 are "wild ducks/' andThc complaint charged Shannon with 

 shooting and killing wild ducks on the land of Tiudall, sit- 

 uated in said county, etc. 



Shannon, having' been bound to appear and answer said 

 Charge in the Probate Court, was there tried, convicted and 

 sentenced, On the trial, a bill of exceptions containing all 

 the testimony was taken, and upon proceedings in error, in 

 the Court of Common Pleas, said judgment was reversed. 

 To this judgment of reversal the Prosecuting Attorney, un- 

 der Sections 38 and 39, Chapter 5, Title 2, of said act, took 

 exceptions, and the same are now submitted to this court. 



The uncontradicted facts appearing in the Bill of Excep- 

 tions are, in brief : 



That Tindall was owner and in possession of a tract of 

 laud in said county bounded 011 one side by the Sandusky 

 River, a navigable stream; 



That Shannon on the 29th of October, 1877, when the kill- 

 ing of wild ducks was not prohibited by statute, was in a 



skiff on the Sandusky River, between the middle thereof 

 and the shore ouned by said Tindall. from which position 

 he shut and killed wild ducks swimming in and living over 

 the wab-r between said shore and middle Of Ihe river-' 



That boards inscribed in legible Kuglish characters "No 

 shooting or busting allowed on these premises" were set up 

 in conspicuous places on said shore; 



And that Shannon had been duly notified by Tiudall not 



by Shannon on 

 ion as used by 



istomed 

 iu and 



r hum on his land- 

 It also appears, lhai thepositi. 

 the river was within the limits 

 boats and other water craft enga 

 And also, thai the public gene 

 to fish, and kill wild ducks, in 1 

 Upon Ihe river. 



U] "us state of facts the State of Ohioseekstke opinion 



of this court. Did the Court of Common Pleas err in re- 

 versing ihe judgment of ihe Probate Court? 

 John M. l.eniumn. Counsel for the State. 

 Everett .V Fowler, Attorneys for Shannon. 



McHvaine, C. J. This cause and June vs. Purcell, de- 

 cided at Ibis term and reported ante, having a question in 

 common, were considered together. Iu that ease it was 

 held, that the title of a riparian owner of land bounded by a 

 navigable stream in this State, extends to the middle* or 

 thread of the stream. 



Il follows upon the principle announced in that case, that 

 the locus of the offense alleged in this, though upon the sur- 

 face of a navigable stream, was within the' boundaries of 

 Tiadall's land, and was embraced in the literal meaning of 

 the notice, "Ho shooting or hunting allowed on these prem- 

 ises/' 



Tis true, however, that the riaht of Tindall to so much of 

 his land as was covered by the waters of the Sandusky 

 River, Ihe same being a navigable stream, was not exclusive, 

 bul subject to the right of the people to use the same as a 

 highway, so that the entry of Shannon within the bounds of 

 Tindall's premises, to wit: within the limits of this public 

 highway, did not, per se, make him a trespasser; and clearly, 

 au" action against him for trespass, quart eUmimm fregit, 

 could not be maintained. 



Hence it was claimed by defeudaut, that his conviction 

 was wrong, because, as is claimed, this section of the statute 

 applies only 10 persons who wrongfully break and enter the 

 close of another contrary to his expressed will. 



The provisions of the statute were not intended to punish 

 trespassers qimn. vlvm.mm fnyit, merely because they have 

 been guilty of a trespass; but were intended to punish the 

 act of killing, shooting at, or pursuing game on the lands of 

 another, against which notice may have been given as pro- 

 vided in the Statute; so that a person rightfully on the prem- 

 ises of another may commit the unlawful act,' as well as one 

 who commits a trespass bj entering upon Erie premises. 



It seem* to US, that whatever change this statute may have 

 made in respect lo the law in relal ion to trespass on real 

 properly, the main purpose of the. Legislature was to confer 

 upon the owner of land within this State the exclusive right 

 to hunt and kill the designated game upon his own premises, 

 and lo protect him in such right, provided he complies with 

 the prescribed conditions in regard to notice. 



And with regard to notice, if the lands be "inclosed and 

 improved," or if the boundaries be "defined by stakes, posts, 

 water courses, ditches or marked trees, " verbal or written 

 notice "not to hunt thereon" will bring the offender under 

 the operation of the statute. 



And where a water-course, for instance a navigablestream, 

 continues a boundary, it is the opinion of a majority of the 

 Court, that all persons who have received verbal or written 

 notice not to hunt upon Ihe lands of the owner, are bound 

 lo take notice that his land extends to the middle of the 

 water-course, if such be a fact . 



But if the lands be not "inclosed and improved," or if they 

 be not "defined by stakes, posts, water-courses, ditches o"r 

 marked trees," as well as where they are so defined, the 

 owner may bring himself and his lands within the protec- 

 tion of the statute by setting up in some conspicuous place 

 thereon, "a board inscribed" iu legible English characters, 

 thus, 'No shooting or hunting allowed on these premises.' ' 



And in such cases, all peisons engaged in shooting at, 

 killing or pursuing the designated game, must lake notice 

 not only of the statute, but of the setting up of such board, 

 and also of the extent or boundary of the lands on which 

 the same is set up. And in respect to this notice, it makes 

 no difference whether the laud or any part thereof be 

 covered by water or not. 



It is claimed, however, that tlw-s statute was not intended 

 to protect, lands covered by the water of a navigable river. 



A majority of the court can see no grounds upon which 

 lands covered by navigable streams should be excluded. 

 They are as much the subject of private ownership as in- 

 navigable streams. There is no distinction made by the 

 term's of the statute. 



True, navigable streams in this State are declared to be 

 public highways; bul the right to use a public highway is 

 not abridged b'v protecting the owner of the fee in the ex- 

 clusive right of killing game therein. Travel and commerce 

 are not thereby hindered. 



Am! as the power of the Legislature to protect game, or 

 the exclusive riarht of the owner of land to kill the same on 

 his own pi onuses, is as ample over land covered by water, 

 whether navigable or innavigable, as it is over dryland, and 

 as there is no attempt to distinguish between them in this 

 Statute, we must hold that all alike are within the protec- 

 tion of this statute. 



Exceptions sustained. 



White, J., did not concur. 



1. K. L. TleVvitt, Reporter Of Ihe Supreme Court of Ohio, do hereby 

 certify that the foregt.ing is .1 true and correct copy ot the syllabus 

 statement !■.£ facts .and opinion of said Court, as announced by Mc- 

 llviune (' .1 in the case of the Stat,- of Ohio vs. John Shannon, and 

 is as Ihe same she.:! appear in Vol. -K, Ohio State Reports.— E. L. De- 

 Witt, Reporter Supreme Court of Ohio. 



The NEW Haaipshtrk Leaciije. — At the annual meeting 

 of the Fish and Game League the following officers were 

 elected for the current year: President, John B. Clarke; 

 C'bas. L. Richardson; Treasurer. Frederick 

 Smyth; Yice-presidenis, MareelHis Eldridgc, Portsmouth; 

 Lut'her Haves. Milton; E. E. Hodge, Plymouth; W. A. 

 Fletcher, Concord; V. C. Oilman. Nashua; W- H. Shurt- 

 lcff, Colcbrook; John Clement, Troy ; Gilbert P Whitman, 

 Manchester; Herbert P. Norris, .Manchester; G. V. Picker- 

 ing, Laconia. The annual address was delivered by Hon. 

 Jos. B. Walker, his subject being "The Forests of New 

 Hampshire.'' Several essays were read; we print them else-- 

 where, 



