410 



FOREST AND STREAM. 



[Dec. 20, 1883. 



records how titles Originated in his special neighborhood, 

 and the description of" metes and bounds contained in Hie 

 deeds will loll lliltl just how far estates exknd into the 

 water (if at all, and which is not likely) or where the mean- 

 der boundary lints fall. If unable to determine these facts 

 for himself, his county surveyor, or any other land surveyor 

 can soon make it pi.. in to him. 



1 apprehcud that the court decisions you quote all referred 

 to questions growing out of early colonial, or later military 

 grouts. They eovei cd vast areas of irregular form and re- 

 gardless of navigable streams or other geographical features 

 save to include as much good land 86 peswble. When the 

 government adopted a plan of surveys for the public domain 

 it early saw the importance Of placing it beyond the power 

 of any citizl n to fence up. or cut oil any Uavfg&Me body of 



i l Whether inlet, slreein, lake or pond. 



Wm. N. Byhbs. 



[The article to which Mr. Bycrs. refers was not intended 

 to treat of any Specific ease, but to set forth the common 

 law, as we understand it, upon the general subject of shore 

 rights and navigable water',. Tbifl common law may be 

 modified or changed by statute or executive interference. 

 As to the mention of the St. Clair shooting grounds, this 

 was merely referred to as an instance in which an attempt 

 bad been made by individuals to acquire the right to public 

 waters, and was on'y mentioned as an example to illustrate 

 tb.fi broad question— Has the government the right to grant 

 titles to public or navigable waters? To investigate the 

 statutes and usages of the different States of the Itniou on 

 this question would require a vast amount of labor]. 



MINNESOTA. 



THE hunting season has bees almost a total failure for me 

 personally. [ returned from a trip to New England 

 Sept: 25, and two days later sustained an accident which 

 deprived me of the use of my right hand for several weeks. 

 and by the time thai member was ready lor duly my eyes 

 B ere severely injured by a hitherto unheard of occurrence— 

 the exploding ol a bottle of creosote. I am now ready for 

 service in the field; but alas: the last flock of ducks have 

 gone South, ruffed grouse are in sadly diminished numbers, 

 bears have sough I 'their winter quarters, and there is no 

 snow for deer trailing. 



The season, upon the whole, has been a remarkable one. 

 Ruffed grouse have beeu more numerous than for many 

 years, and the slaughter has been wholesale. One man in 

 town, who neither fears God nor regards man, has been 

 paying twenty cents each for the noble bird, and has secured 

 several hundred. Probably fifty men and boys are scouring 

 the woods to-day for our king 6f same birds. Talk about 

 game law-.! Ti r , effectivi -ana:- law possible for this 

 Western country is a special and good round tax on fire-arms 

 of every description. It would kill off the '-Zulus" and 

 other abominable weapons, save human life and protect 

 game. But to return to my text. 



So. ac exceptionally heavy bags of ruffed grouse have been 

 made in this immediate locality, twenty -five to a gun in an 

 afternoon being nothing unusual. 



The ducking season was short and swefit, the birds coming 

 lute though in great numbers, and remaining but a short 

 time. 



DuriDg the summer and fall bears destroyed a large num- 

 ber of sheep, calves and pigs iu this and adjoining towns, 

 and several have been captured. 



"With a couple of good bear dogs rare and exciting sport 

 might be bad here every full. For weeks past the' woods 

 have been fuil of hunters, who, m defiance of law, are slaugh- 

 tering the deer. It is too bad that our game of all kinds is 

 being so rapidly exterminated. 



Store trapping is being done hereabouts than I have ever 

 known before.' Experienced men realizing from Sj>3 to '" 

 per day in trapping mink, rats and 'coons. 



Several otter have been captured in the county. We have 

 had a delightful autumn, and as yet nosnow. J.*F. Locke. 

 -, Minn., Nov. -jo. 



THE HICHGATE MARSHES. 



E tit'ir Forest and Slruun: 



Herein lliis section of the country woodcock, snipe and 

 duck .shooting is virtually over fur this season, the cold 

 "snap" that WO had front the 13th to the 15th inst., froze up 

 our marshes and drove the birds to seek warmer climes. The 

 pa-t season has not been a successful one here, there baa been 

 ■• isireiiy ot birds cut an ainiyof shooters, it is plainly 

 evident that our game bin.l.s are rapidly uitniuishing iu num- 

 bers, which fact is easily explained. OiVMl.Ztu.iou isencroauh 

 irig i P their brec.iug gioiiuds, while tens id thou-auds o. 

 new guns are Km; manufacture I yearly thai go iuto iresh 

 hauus. and I heir o.viurs, by glass ball and similar practice 

 become expert shots, and are nut on every opportunity to 

 hep to exterminate the game; then *i: old sport nnenaiv'uul 

 satisfied with our p.isl SCO es. but try to improve them cacti 

 year uy making larger nag- of oar tuvoi ile game. Qfcp; U 

 tue trutii iu,a iiLilsii.d E-tcn j.-U' ics oil. is. are bred auu 

 more are killed, so unless prompt and energetic legislation 

 Interferes and pass stringent laws to protect our game oy 

 si.oiiening I lie length. 01 Hie open season and restri'-ung to a 

 lixed num.*, r LUe amount of u.uie thai each guuiier or sporcs- 

 mau m.iy kill du.iug eat h *a Oil, We iu U lew short veal's 

 Will uaye no game, it win ...e uuiouy tne things that are past 

 and gone. 



The Missisquoi Gun Club and the Maiden (.Mass.) gentle- 

 nicu. who lease tne litissn-quol Marshes, have begun legal 

 proceedings against a numoei of poachers wliu have infested 

 those grounds during botli close uud open season. These 

 potdiuuters have openly dclied the owners and. lessees ol 

 tnose marshes to prevent them fioui hunting there whenever 

 they choose to do =0, and boast tnat they are backed up b> 

 a class o. citizens iu Swautou wdio call tiietuselves gentlemen. 

 It this should prove true, we trust tnat yon will allow us 

 Space for a black-list, and we will exhibit the names of those 

 gentlemen to the public gaze as associates and sympathiz-i's 

 of pot-hunters, w ho make a business of killing young ducks 

 with dogs during the summer inou'hs. the lessees of those 

 marshes have, at' considerable expense, tried to improve the 

 shooting there bv sovt in" wild rice back iu the sloughs, and 

 by protecting the bhds during their breeding season; and 

 this work is one of public benefit, as the best duck shooting 

 is in the public waters outside ol the maitb.es, and permits 

 have readily been granted, when applied for, io the neighbor- 

 ing residents to shoot in the ciuu ^rounds during the open 

 season, providing they would not niuicsl the young ducks in 

 tne summer. Tne members oi the club are determined lo 

 pr tect their properly at any cost, and as these poachers 

 claim that no local jury would convict then: these suit* will 



be taken direct to the County Court, ard, if necessary, will 

 lie carried lo the Supreme Court. "The gods sometimes 

 grind slowly, but surely," and those fellows will be taught 

 a lesson that will be remembered. Stanstead. 



ItHiHrJiTE, vt., Nov, 37. 



MY OLD MUZZLE-LOADER. 



IN TWO PAKTS— PART IT. 



YJS7HEX I look at. Old Betlie t cannot help being reminded 

 » \ of what she once was. and what she now is. Her 

 first great bad luck happened thus. We desired our friend 

 and foreman of Armory at Marshall to give the gun a thor- 

 ough overhauling, as our friends ('apt. VV aily of Shreveport, 

 and Capt. M. A. Pitts of Bonham. were to visit us and have 

 a wildcat hunt. Barney Painter took Miss Bettie and pro- 

 ceeded to execute the order. It was the last time I ever be- 

 held Miss Bettie in all her bloom and beauty. 



The barrels were taken out of the e!eguut"stoek, the breech 

 pins unscrewed, and Barney went off to have the barrels 

 steamed at. the waste pipe of an engine, leaving all else on 

 his own desk. Business called him away. He did not. re- 

 turn there the whole day Until about night. Alas! Shallwe 

 tell the direful deed? Neither stock, locks, breech pins or 

 ramrod could be found, and never have we put eyes on them 

 since. Some one of the thousand men we commanded took 

 a fancy to them. Barney was more troubled than I. He was 

 directed to make a new outfit for the barrels, which he soon 

 did. Since then, as I considered her a widow lor the time 

 being, I called her ever after ''Madam Bettie,'' Until a series 

 01 mishaps changed her into Old Bettie. 



And that reminds me how one. of those sad occurrences 

 took place. 1 was seated on old gray Tom's back, 

 bad been waiting for a half hour or more at a s.aud, 

 for the deer lo come out, and had finally lighted my pipe 

 and crossed my legs, with the stoicism of "a martyr, when all 

 of a sudden to our right, without hearing a horn, a gun, or 

 a houud, one of the largest of bucks, in a direction where 1 

 did not. expect a deer, and never knew one run before, 

 popped over the high ridge. Two or three bounds brought hiin 

 squarc before mo, not thirty yards off. I had not time to 

 throw away the pipe, uor fight my legs. If that deer was 

 shot, it had to be done in the biggest kind of a hurry, for 

 two more bounds would take him out of sight. Madam 

 Bettie was thrown to the breast and I cocked one barrel as 

 she came up, and I pulled the trigger. Oh. my! 1 saw a 

 thousand stars in a twinkling of an eye, and then I saw 

 nothing. When I came to, half of that short pipe-stem was 

 sticking down my throat, way into the flesh, my mustache 

 and eyelashes were burnt/Off, and when Hooked tip, old gray 

 Tom 'was standing with his head over mine, peering with 

 his great big eyes into my face, and 1 do beiieve the big 

 tears were running down them, for he thought I was 

 dead. 



When I rose from my unbidden bed of dust and leaves, 

 and took an inventory of damages, I found my neck nearly 

 outof joint, with a sore creak iu it that lasted a mouth or 

 more, the pipe bowl was broken, several burnt holes m my 

 clothing, and shall I write it, my love, my jewel, Madam 

 Beliie, cracked and so broken just, back of the locks, that She 

 could not be fired again, until either a new stock was made 

 or bands put around the grip of the old stock. Were there 

 no sugar-coated pills to sweeten the cup of misfortune! Yes, 

 there lay that big buck stone dead. The shot had passed 

 through his heart and then entirely through the body. 

 Madam Bettie made a double shot behind as well as before, 

 for my young friend, Jim Vanderslice, had loaded her at my 

 request, Bndby mistake the charge of powder was the same 

 as lor his big gun, a No. 8. No wonder about her kickiug. 

 Kignt here I remember a famous shot of Madam Bettie that 

 must nol be omitted. 



i had moved from the Arkansas River, near Pine Bluffs, 

 aud settled in that lovely mountain-perched town of Fayelte- 

 ville, Washington county, the land of the apples and the 

 fine horses. My wife had been sick, and had a special appe- 

 tite for a partridge— one of those big, fat ones, that we Uud 

 nowhere else in the State so delicious as around that town. 

 In obedience to her request, and as all good husbands ought, 

 1 shouldered the gun one Saturday at teruoon, whistled up 

 Flora and Carl, my splendid setters, and took a straight line 

 for a small valley near the Ozark Male College. A 

 rougher evening for shooting I had never encountered 

 before. One may speak about a Texas norther, and I have 

 seen and Celt many a one, but this wind that swept down 

 from Ihe summit ol the Ozark Mountains capped the climax 

 of all 1 have ever experienced. I had to lie my cap on 

 lightly and button up my coat, or it would have been lorn 

 iiom'inv shoulders. Tire game-bag hopped on my sides 

 worse tbau a loaded pair or sad ale- Dags on a hard trotting 

 uorse, making a four-minute mile race. The tears f i oze on 

 my eyelids, so f was more than half blinded and could not 

 see to shoot; my hand was so benumbed I could not grasp 

 tightly the stock nor Keep it on a bird, and when I did shoot 

 trie, birds' wings aud the heavy wind carried them faster 

 than the shot. At any rate, I shot many a time at partridge 

 and did not see even a feather rumpled. 



Fiudiug the partridges were too quick for me, I turned my 

 attention 10 tne lurks, and they were loo fast. Not oue 

 would light in a tree; it would have been useless, for the 

 wind Would nave carried them along like a leather. Not a 

 dove could i kill, nor a hare could 'l hud. The dogs had 

 ..cted splendidly, better work I never saw done. Yet not a 

 oird hail been touched, aud with a desponding heart I started 

 near about sundown to return home. It was a most extra- 

 ordinary thing for me not to bag every other or third bird 

 iu a day's shooting, and here I had shot a whole evening with 

 not a feather rumpled, as far as 1 kuew. On coming up the 

 hill into Ihe town, near Mr. McElroy's farm, near wnere the 

 agricultural college now stands, both Flora aud Carl made a 

 ihad point. Oue thing was certain, I could not kill on the 

 wing, and to get a partridge to take home 1 must do the un- 

 professional thing aud shool them on the ground. Carefully 

 reeonuoitcring the ground, 1 discovered, as t thought, one 

 partridge sitting in a cluster of blue grass all alone. 1 was 

 so old," and the wiud was so fierce, it was with difficulty I 

 could bring Madam Bettie to bear upon tnat oue bird, the 

 shut was. made; such fluttering of birds 1 never saw from 

 one shot at what 1 look to be one bird. Flora retrieved four- 

 teen partridges—the entire covey was murdered at one Bitot— 

 motcthan I ever killed before or since by oue half as many. 



There was a lime once when I would have given worlds 

 for Madam Bettie lo have been in my hand. I was on^ my 

 way to California, h d stopped u moment at Humboldt, wbero 

 several roughs boarded the cars. We had not observed them 

 as thev took their seats in positions lo corn maud the situation. 

 An apparent greenhoru, their decoy, the most unique speci. 

 men of the genus homo that ever came under my observa- 



tion, came staggering into the car where I was seated. Tie 

 did not sit down, but walked back and forth shaking a bag 

 of $20 gold pieces, and now and then letting his bag fall and 

 some of the pieces drop on the floor. He said he was all the 

 way from Kaintuck, ou his way to Frisco, and could beat any 

 body he ever saw at a certain game. He played the fool to 

 such perfection that sever* 1 unsophisticated men proposed to 

 bet him at his own game. A very mild, genteel, genial pas- 

 senger got up, and remarked that this man was only a decov 

 duck to some parties aboard, and advised the passengers to 

 have nothing to do with him. In a moment one of this de- 

 coy's friends rose just behind the passenger, a quick power- 

 ful blow from a giant fist covered with brass ring-knuckles 

 was dealt him from behind; with a heavy thud he fell 

 forward on the seat on which I was sitting, ami theu by pre- 

 concerted signal, revolvers were bearing on us from five 

 commanding points. Not a passenger was armed, the vil- 

 lains had us at their mercy. After finding they could not 

 get a game started in that car. they left for another, in which 

 they were more successful, fleecing a colored man out of all 

 his money in a few minutes. Al the next station they dis- 

 appeared] and we saw no more of them. But diil I not wish 

 for Madam Bettie. She was iu the smoking car. where lhad 

 been shooting at prairie dogs just before we got to Humboldt. 

 and also at sage hens that would barely get out of the way 

 of the lucomotive. 



Since I have struck on California it will nol be amiss to 

 say something about the quail out there. Mr. Yun Dyke 

 has most charmingly described them, so it will not interest 

 the readers of Ihe Forest and Stueaji to go over a twice- 

 told tale. Sufficient to say that iu the general make up they 

 closely resemble our partridge, but when habits aud color of 

 feathers are considered, there is a very wide difference, 



I often think of how the first big covey of near a hundred 

 birds "got away with" me the morning 1 rose about sunrise 

 at my friend's. Mr. Henderson Holmes", who lived five miles 

 north of the lovely little town of Santa Rosa, in Soma county. 

 Mr. Holmes had invited me because I came from his old 

 home, Fayetteville. of Arkansas, to come out to his house 

 and have a big day's shooting at quail. He stated that "he 

 never permitted any one to shoot on his premises, but 1 was 

 welcome at any time to a day's sport ou his farm." That 

 morning I looked out of the window to Ihe vineyard, and my 

 eyes were enraptured at the sight of more purlridges than I 

 had ever seen running about at one time. The grounds were 

 lull of them, aud then such cooing, a noise so unlike that of 

 our Virginia Bob W T hite's 



Dressing as rapidly as possible, I took my gun and the 

 game bag and ran down stairs, opened the yard gate and 

 softly crept along to get as many as possible together. I 

 wanted to kill a common-size covey on the ground with one 

 barrel, and as many more ou the wing as they rose. The 

 shots were made, bagging eleven birds all told, and killing 

 more on the wing than on the ground. The birds did not 

 fly more than 300 yards before they came down in some thick 

 grass in the orchard. Madam Bettie was quickly loaded, 

 and I rapidly walked to the place, expecting lofind them 

 squatted, as partridges do, not doubting i should get the 

 whole covey by Ihe time it was breakfast. In this f was 

 sadly disappointed. Before night my stock of knowledge 

 was'wonderfully improved on the quail question. When I 

 found those birds they were running and cooing as if noth- 

 ing had gone amiss with them. 1 got two more shots as 

 they rose. Two birds dropped. But. the flight of that large 

 covey exceeded anything 1 had ever dreamed of iu the part- 

 ridge or quail line. They rose as high as the tops of Ihe 

 lofty live-oak trees, and then, in a bee line as far as 1 could 

 see.'they were eoingwest, heading for the broad Pacific 

 If they stopped before they got. tilde, just twenty-five miles 

 off. it was more than I ever knew; and as i never saw them 

 again, it is a question of doubt, and admits of considerable 

 discussion, whether thejtare not still flying. 



At breakfast 1 told my experience to Mr. Holmes. He was 

 of the opinion this large covey were several small ones 

 united, and they were migrating, a thing often occurring 

 in that valley. However, he said he would show me some 

 coveys not so wild, and not far above the house, that used to 

 feed in his sheep range, aud generally flew to his spring branch 

 when Hushed. After breakfast he accompanied me, lollowed 

 by bis big Newfoundland. I had been sorely distressed, 

 because 1 had not brought my favorite. Carl, witu me Be- 

 fore night I would not have given a continental for any setter 

 or poiuter that ever lived to hunt for quail in Sonoma Valley. 

 A year's experience there taught me that all one needed, was 

 a bright little black and bin ratter to find a quail after shoot- 

 ing if. As to a California Sonoma quail standing long 

 enough for a pointer to make a stand, it was just out of the 

 question — uulesa that pointer stood a bird sitting on a tree. 

 as long as I was there every quail after ihe first shot flew for 

 a tree and hid itself in some cluster of mistletoe, which grew 

 thickly on nearly every forest tree in that valley. Once in 

 a mistletoe bough, oue mightas well have peered into a well a 

 thousand feet deep, with the hope of seeing a pin in the 

 bottom, as to see a quail sitting aud hiding in a big live oak 

 tree. 



If tieesare not near at hand for them to hide in, Ihey will 

 continue their fiight afti r being shot at and frightened, until 

 one is found, even to three miles oil' from where flushed. 

 All the quail 1 saw in California roosted at night iu trees, 

 generally flying to the same tree each night. The large pro- 

 portion 1 killed were shot flying from lre.es. 



I should like to see the Caiilornia quail brought to Louisi- 

 ana. With their habits of roosting in trees, I feel satisfied 

 they would increase here very rapidly. The long moss on 

 the trees would serve as a better hiding place for them, and 

 then they would be protected from the depredations of 

 foxes. 



But to return to Madam Bettie. The gnu received a seri- 

 ous scare from falling out of the wagou wheu I went to the 

 Petrified Forests aboul seventeen miles norta of Santa Rosa. 

 The gun carries those scars on its stock to this day. 



Many a pleasant evening's sport did 1 have with my friend, 

 Prof. 6. W. Roberts, of the Pacific Methodist College, as be 

 and 1 took a walk to Uncle Billy Fulkuson's, who gave us 

 free access to his grounds and his vineyard. What a treat 

 that was to pull a five-pound bunch of grapes from a red 

 Tokay vine, sit down under one of his best apple trees or a 

 fig tree, enjoy the truit of all varieties, enjoy the iuterlectual 

 feast of the eloquent Professor's conversation, then all at 

 once spy a large covev of quail feeding on the grape.-, jump 

 up. audio a minute the far-killing little gun has brought 

 down a half dozen or more. We return to our fruit; soon a 

 big jack rabbit comes fleeing down a turnrow, something has 

 started it. Again 1 take the gun and the jack falls over 

 dead. The Professor measures the ground, it is seventy-five 

 yards, Oh, those wore the halcyon da> s of my life— gone, 

 never more to return, yet memory briugs them back, and I 



