-.11/ 



r \J1XI^5 ~L Al\Xn "TSTTMTAm. 



A WEEKLY JOURNAL, 



DHVOTKD TO FlKI.D AND AQUATIC Sl'OBTS, PRACTICAL N ATORAI. HISTORY, 

 f'l!?H I TJI.TURK, THE 1'HOTKCTIOH OF C-UMK, PRESERVATION 01 I 

 ANII TUB INCULCATION IN MKN AND WOMKK OK A litij-THY. iNTItltKST 

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To Con'etspondents. 



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Akotber Volume. — The opening of Volume Twelve of 

 Forest am) Si ream with lliia number reminds us' that we are 

 getting on in yi ars, but really we bail been so busy— enjoying 

 in a quiet, fetlaie fashi-m the ups and downs of thousands of 

 our friends in the field— (hat weeks and months and years 

 slipped on and we had not time to note their lapse. Willi 

 such a fast field for reflection, so iu-jch rich cover to hunt 

 over, our perpetual embarrassment is not what to put in, but 

 •what to cull from the many good things forced to our notice 

 while the growing subscription books and the crowded adver- 

 tising columns tell of a substantial business prosperity. We 

 will promiBe nothing for the future, but simply give assurance 

 that those who come to our feast of good things will find that 

 our menu for each recurring week will drive out of mind aud 

 body the many bountiful spreads of the past cooked to a turn: 

 the delicacies of fit-Id and stream, mountain and meadow 

 will be set out in tempting array, dithed up with literary 

 trimmings, and all to be washed down with sparkling draughts 

 of wit and humor. Hist I There he goes I Bang! Bull's-eye 



Goodl Next, 



~ », — • 



Give the Paper to the Bots. — Some of the Yale Col- 

 lege professors recently gave their united protest against the 

 literary food furnished for our boys by the publishers of the 

 flash periodical literature of the clay. Fiction in which the 

 youthful heroes are remarkable chiefly for their super-human 

 expertness with street-slang, profanity and fire-arms, and a 

 supreme disregard for all domestic aud civil authority, is not 

 just the kind of material likely to instil right views of life. It 

 is useless, however, to simply decry this literature without 

 furnishing some substitute for it. Nature abhors a vacuum ; 

 so also does a boy's mind. If we would not have our young 

 people read what is injurious we must supply them with what 

 is instructive and ennobling. Our printing presses teem with 

 good, wholesome literature,andwith a judicious care and over- 

 sight on the part of parents a normal literary taste can be so 

 firmly established that the young reader will of his own ac- 

 cord reject what is flashy and pernicious. A good paper for 

 boys to read is the Forest and Stream. So writes a corres- 

 pondent, and we take great pleasure and pride in heartily en- 

 dorsing his opinion. 



■ » ■ 



— The climax of ingenuity in vernacular reporting and 

 character sketching is reached in the Sun's summary of the 

 billiard matches now in progress at the Cooper Institute. 

 The reports should be read aud sludied to be appreciated. 



A MOVEMENT WHICH WE APPROVE 

 OF. 



A SOCIETY has very recently been incorporated in this 

 city under the name of " The Business Men's society for 

 the Encouragement of Moderation." Its certificate states its 

 object to be to encourage moderation in the use of alcoholic bev- 

 erages, to promote a knowledge of science and statistics rela- 

 tive to the manufacture of alcoholic liquors, to disseminate 

 among the people useful information regarding the principles 

 of moderation and the means of carrying such principles into 

 practical effect. The society intends to prepare and furnish 

 to applicants three forms of pledge. The first a total absti- 

 nence pledge operative for one year and renewable thereafter 

 at the will of the pledger ; the second a pledge binding the 

 person who takes it not to drink during business hours, and 

 the third a pledge not to partake of intoxicating liquor at the 

 expense of another person and not to extend an invitation to 

 any other person to drink at his expense. The society is also 

 to exert its influence to induce retail liquor dealers to provide 

 for teetotalers stimulating and nourishing beverages which 

 contain no alcohol. Still another purpose of the society is to 

 encourage the establishment of places of cheap recreation and 

 amusement where no intoxicating drink shall be sold. The 

 time of existence of the society is fixed at twenty years, and 

 it will begin operations at once. 



—With mankind persuasion is more potent than forco : ex. 

 ample more efficacious than restriction or argument. Our 

 youDg men learn the habit of drinking by the encouragement 

 which they receive from social example. One habitual drinker 

 who is not excessive in his indulgence, assures us that he 

 drinks nine times by invitation where he imbibes once by de- 

 sire. His normal appetite asks for only a quantum of alcoholic 

 stimulant, which his system may absolutely need ; but he- 

 takes ten times as much as he requires, and who will dare deny 

 that physical damage does not result ? Now if, instead of be 

 ing invited to drink, he were discouraged from drinking by 

 the negative example of those who never invite another, and 

 never accept an invitation : we demand to know if the direct 

 result so much desired by advocates of temperance would not 

 be immediately reached ? Sociality is the life and nourishment 

 ot that habit known as " treating." What a solemn time tip- 

 plers and wine-bibbers would have if they were obliged to 

 drink solus, all by themselves, as one takes medicine, with 

 every man's back turned to him, and face set rigidly against 

 the time-worn custom 1 And futherniore, would not the act 

 of drinking such spirituous liquors as whiskey, rum and gin, 

 presently become as distasteful in itself, under this new dis- 

 cipline, as taking Ihe dose of medicine would be? for who but 

 the old toper likes the taste of whiskey ? Watcu the . young 

 men at the bar and see with what heroism and contraction ot 

 muscle they swallow the poison they have "nominated," and 

 how quickly they grasp for the water to drench the lire in their 

 throats. Would they voluntarily go through this trying or- 

 deal were it not for the presence of others whose false man- 

 hood they try to emulate? Even the steady middle-aged 

 business man who has contracted the habit of taking a daily 

 dram or two, through real or fancied need, would go less fie- 

 quently, we think, if he did not invite or expect to meet tome 

 acquaintance at his favorite place of quiet resort. The multi 

 tude of drinking places on 'Change are enriched by the lavish 

 expenditure of brokers whose viry life and charms of business 

 inhere in the social element thereof. Establish the rule pro- 

 posed by the " Society of Moderation," and nine-tenths of the 

 sample rooms would have to close. Conviviality is the out. 

 come of sociality, and the first step to inebriety. Solitary 

 drinkers can never be convivial. 



One most charming feature of the new society's metaphysics 

 is, that it leaves it to a man to judge of his own disabilities and 

 requirements, and gives him option to choose the remedy. 

 It appeals to his manhood and sense of self respect. 

 Some men of a certain temperament or physical condition re- 

 quire stimulant m business hours more than at any other time. 

 Other men, with feverish blood, and thirsty, would often be 

 better content with a beverage which contains no alcohol, 

 could they obtain It as easily as alcohol. The measures of the 

 new society provide for the substitute. If there are other men 

 who hope by a temporary period of abstinence to stotch or kill 

 an accursed craving for liquor, the one-year pledge is offered 

 in their aid. We know how ofton pledges fail, and how nat- 

 urally an honorable disgust and discouragement attach to the 

 evidences of one's own weakness; how often noble men give 

 up and grove), for that very lack of sympathy and encourage- 

 ment which is now held out to them through that combination 

 of effort promised in the co-operative society for the "Encour- 

 agement of Moderation." We believe in the nobler impulses 

 of men ; and we believe also that Bocial influences obtain for 

 good as well as for evil. It is not sufficient for man to set his 

 face against evil ; he must be sustained in his resolution, 

 either by Divine help, or by the help of his fellow men. If he 

 has no faith in the first, he may at least place some confidence 

 in the last. The principle upon which the new Association 

 EeemB to be founded, is contained in that great command- 

 ment : " Love thy neighbor as thyself ; and do unto all men as 

 ye would they should do unto you." 



— Lavar&ek pups. See adv. A, F. Huston.— J.dv. 



RIPARIAN RIGHTS. 



A CASE which has created a great deal of interest in 

 Perthshire, England, was recently decided. The point 

 in question was raised by Lady YVilloughby d'Eresby in the 

 Sheriff's Court in which an interdict was craved against par- 



lies angling for trout from the bank of the River Teith oppo- 

 site to her ladyship's property, to prevent them casting their 

 lines beyond the medium Jilum of Ihe river, which at tic part 

 in question is between fifty and one hundred yards broad. 

 The defenders, while not disputing the pursuer's title asset 

 forth by her, and even declaring their readiness, if they had 

 been required so to do, to have given their guarantee to desist 

 from entering into the river through the pursuer's lands, as 

 they admit they were in the custom of doing when going to 

 fish on Mr. Marshall's side, deny that they ever entered or 

 trespassed on said lands for the purpose of fishing therefrom 

 in the River Teith, or that they ever fished from the lands be- 

 longing to the petitioner along said river, or from the solum 

 of the river without leave, or ever gave cause to the pursuer 

 to apprehend that they would do so„and maintain that the 

 interdict asked is unwarranted, and that they ought not to be 

 found liable in the expense of the present proceedings : That 

 the said defenders admit that in respect of permission granted 

 by Mr. Marshall, the proprietor of the right bank of the River 

 Teith, they did enter from the pursuer's land into, and wade 

 across, the Kiver Teith, for the purpose of fishing therein 

 from Mr. Marshall's side of the river : That the said defend- 

 ers further admit that while fishing in the River Teith, under 

 the authority referred to, they "cast, their lines over as much 

 of the river as they could ; that they thought that they could 

 fish with their lines across the river ; that they waded while 

 fishing, and always threw where they considered that they 

 would be likely to get a fish, whether further from the middle 

 of the stream or not." 



The following was the decision of the Sheriff's Substitute, 

 Mr. John Graham : 



" That the defenders had not received any permission from 

 the pursuer to fish from her said lands or in said river, and 

 they were aware that her fishings were then preserved, and 

 that notice of warning against parlies trespassing in said lands 

 and river belonging to the pursuer, for the purpose of fishing, 

 had been issued by her : fieds in point of law that any leave 

 given to the defenders to fish in the River Teith by the pro- 

 prietor of the right bank did not entitle them to fish or cast 

 their lines beyond the medium Jllum of the river without the 

 permission of the pursuer ; that in doing so, and in entering 

 from the pursuer's said lands into said river for the purpose 

 of fishing without her permission, they committed a trespass 

 upon the pursuer's property, as alleged in the petition : finds, 

 therefore, lhat the pursuers are entitled to interdict as craved 

 in Ihe petition. Declares the interim interdict already granted 

 against the defenders to be perpetual : finds them liable to the 

 pursuer, the said Lady Willoughby d'Eresby, in the expenses 

 of process, of which allows an account to be lodged for taxa- 

 tion, and remits the same when lodged to the auditor of court 

 to tax and report, and discerns." 



In its editorial review of this case, Land and Water makes 

 the following verv proper comments: 



"The defence of the action is that the defender, having ob- 

 tained leave to fish for trout in the Teith from Marshall, the 

 proprietor of the right bank of the river, he was entitled not 

 ouly to fish from that bank, but to cast hiB line aud fish from 

 any portion of the solum of the river belonging to Mr. Mar- 

 shall, even though in so doing his cast should cover a portion 

 Of the river bejond its medium jilum. The right thus asserted 

 by the defender implies (apart from thu pursuer's right of 

 salmon fishing, which is not here in question) a common right 

 of fishing on the part of the opposite proprietor, if not in the 

 whole water of the river at least so far as could be covered by 

 a line Cast toward either bank from the medium fiatm. That 

 a common right of this nature is in some cases recognized 

 must lie admitted- It is, however, exceptional. Such alleged 

 common rights are allowed only under exceptional circum- 

 stances of necessity or convenience, a3, for example, in the 

 case of a narrow river where the proprietors of each hank are 

 eulitled to cast their lines, or in the case of rights of salmon 

 fishing being possessed by them to bring the sweep of their 

 nets beyond the meaium Jilum— the exerciseof their respective 

 rights of fishing not being possible in any other way. The 

 principle applicable to the question appears to be lhat the 

 right of trout fishing, which is a pertinent to the lands adja- 

 cent to the river, cannot be exercised by the proprietors of 

 those lands beyond the limits of the solum of the river which 

 they respectively possess, and that as the sportsman is not en- 

 titled, though standiog on his own land, to shoot at or kill 

 game on his neighbor's property, or flying above it, so the 

 angler, though standing on his own pjrlion of the solum of 

 the river, is not eniiilea to cast his hue or catch flsh swim- 

 ming above his neighbor's solum— llujuu est solum est usque 

 ad calum. In all such exceptional cases as those referred to, 

 it is not the legal rights of parties, but the requirements of ex- 

 ceptional circumstances that have regulated the method and 

 extent of fishing allowed. Where the right of fishing can be 

 exercised by either proprietor without transgressing the me- 

 dium Jilum, he is not entitled to cast his line beyonjSit. If he 

 does so, he commits a trespass on his neighbor's property, 

 and subjects himself, as the Sheriff-Substuule thinks the de- 

 fenders have done in the present case, to the consequences of 

 such wrongous act— viz., interdict and expenses." 



It strikes ub that the decision and argument should be taken 

 as letters precedent to govern similar cases which may arise in 

 America. The question of riparian rights is one which has 

 become serious in the United States, and has already made 

 some disturbance, in Canada. In respect to the latter country, 

 the question continues whether, the vested rights of the pro-- 

 prietor having been conceded and defended, the Government 

 has any shadow of authority to lease fishing privileges over 

 the proprietor's title. The Canadian Government asserts ar- 

 bitrary jurisdiction when it assumes to lease whole rivers to 

 anglers and fishermen, while some sections of those same 

 rivers belong to private individuals. English law having now 

 defined and established the rights of river proprietors in Eng- 

 land, we do not see why the same rights should not be recog- 

 nized, obtain, and be scrupulously defended in Canada. If 

 the Canadian Government has appropriated the xighU of ri- 



