: , 



FOREST AND STREAM, 



A WEEKLY JOURNAL, 

 Devoted to Field and Aquatic Spobts, Practical Natural History, 

 Pj-x, ^tttjpxjre^ THE Protection of Game, Preservation or Forests, 



A27D THE INCULCATION IN MEN AND WOMEN OF A HEALTHY INTEREST 



IN Out-door Recreation and Study : 



PUBLISHED BY 



$onzt mi gtrtmq, §uhlishing §amyat(g, 



V? CHATHAM STREET, (CITY HALL SQUARE) NEW YORK, 



fVosT Office Box 2832.] 



127 SOUTH THIRD STREET, PHILADELPHIA, 



* 



Terms, Five Dollars a Year, Strictly in Advance. 



A discount of twenty per cent, allowed for five copies and upwards. 



Advertising Rates. 



In regular advertising columns, nonpareil type, 12 lines to the inch, 25 

 Cents per line. Advertisements on outside page, 40 cents per line. Reading 

 notices, 50 cents per line. Advertisements in duuble column 25 per cent, 

 extra. Where advertisements are inserted over 1 month, a discount of 

 10 per cent, will be made; over three months, 20 per cent ; over six 

 months, 30 per cent. 



NEW YORK, THURSDAY, OCTOBER 14,1875. 



To Correspondents. 



— - -♦ 



All communications whatever, whet tier relating to business or literary 

 Correspondence, must be addressed to The Forest and Stream Pub- 

 lishing Company. Personal or private letters of course excepted. 



All communications intended for publication must be accompanied with 

 real name, as a guaranty of good faith. Nanies will not be published if 

 objection be made. No anonymous contributions will be regarded. 



Articles relating to any topic within the scope of this paper are solicited. 



We cannot promise to return rejected manuscripts. 



Secretaries of Clubs and Associations are urged to favor us with brief 

 notes of their movements and transactions, as it is the aim of this paper 

 to become a medium of useful and reliable information between gentle- 

 men sportsmen from one end of the country to the other ; and they will 

 And our columns a desirable medium for advertising announcements. 



The Publishers of Forest and Stream aim to merit and secure the 

 patronage and countenance of that portion of the community whose re- 

 fined intelligence enables them to properly appreciate and enjoy all that 

 s beautiful in Nature. It will pander to no depraved tastes, nor pervert 

 the legitimate sports of land and water to those base uses which always 

 tend to make them unpopular with the virtuous and good. No advertise- 

 ment or business notice of an immoral character will be received on any 

 terms ; and nothing will be admitted to any department of the paper that 

 t may not be read with propriety in the home circle. 



We cannot be responsible for the dereliction of the mail service, if 

 money remitted to us is lost. 



Advertisements should be sent in by Saturday of each week, if possible. 



CHARLES HALLOCK, Editor. 



WILLIAM C. HARRIS, Business Manager. 



CALENDAR OF EVENTS FOR THE COM- 

 ING WEEK. 



Thursday, October 14th— Racing at Jerome Park. Trotting at Par- 

 ker City. Pa.; Paterson, N. J.; Rockland, Me.; Lowell, Mass.; Phila- 

 delphia. Cricket— St. Georges vs. Young America, at Philadelphia. 

 Base ball— Hartford vs. Athletic, at Hartford; Philadelphia vs. Chicago, 

 at Philadelphia. 



Friday, October 15.— Trotting at Lowell, Mass ; Philadelphia; Terre 

 Haute, Ind. Cricket— St. George vs. Germantovvn, at Philadelphia. 

 Baseball— Athletic vs. Chicago, at Philadelphia; Doerr vs Archer, at 

 Philadelphia. 



Saturday, October 16th.— Racing at Jerome Park. Creedmoor— Lu 

 ther Badge; Seventh Regiment "Shells;" Irish American Club Challenge 

 Cup. Scull race between Coulter and Morrison, at Pittsburgh. Regat- 

 ta at Troy, and Charles River, Boston. Cricket- St. George vs. Young 

 America, at Philadelphia. Base ball— Athletic vs. Chicago, at Philadel- 

 phia; Hartford vs. St. Louis, at Hartford. 



Monday, October 18th.— Baseball— Hartford vs. St. Louis, at Hart- 

 ford; Philadelphia vs. Chicago, at Philadelphia. 



Tuesday, October 19th.— Trotting at Goshen, N. Y; Woodburv, N. 

 J. ; Washington, D. C. and Lawrence, Mass. C.eedmoor— Hofele Field 

 Glass Match. Rifle meeting at Maeon, Ga. Base ball— Athletic vs. 

 Chicago, at Philadelphia; Alaska vs. Resolute, at Elizabeth, N. J. 



Wednesday, October 20th. —Racing at Baltimore. Trotting at Cam- 

 bridge City, Ind. ; Washington, D. C. and Goshen, N. Y. Rifle meeting 

 Macon, Ga. Creedmoor— Morrison Medal. Single scull race between 

 Wilbur Bacon and R. B. Bainbridge, on Harlem River. Baseball- 

 Hartford vs. St. Louis, at St. Lonis. ■ 



Capt. Webb and His Swim.— The furore over Capt. 

 Webb continues in England, and his feat of swimming 

 from Dover to Calais having outlived the nine-day period, 

 appears to have settled down as a national wonder. We 

 should be the last to decry, or attempt to detract from, the 

 merit of Capt. Webb's performance, but we would ask 

 Cousin John if he is not rather overdoing the thing, you 

 know, and following a line which, when adopted on our 

 side of the pond, he is apt to sneer at. Twenty-five thou- 

 sand dollars", John, is "big money" even for a big swim, 

 and although Capt. Webb's feat is unparalleled, we don't 

 see how any one but Capt. Webb is to be benefitted by it. 

 Contrast the amount of money paid for this simple per- 

 formance of an act of endurance with the amounts paid 

 men of science for their great discoveries. For example, 

 in this country, in 1867, Seth Green made the discovery 

 relating to the hatching of shad, which has been, or will 

 be, the means of restocking our rivers, and is worth mil- 

 lions to the country. He has the name of benefactor, and 

 perhaps a medal or two, but it don't buy bread. We only 

 mention this instance as a case in point, and probably could 

 name hundreds who have been no better rewarded, while 

 the singer or dancer who caters to the senses alone is en- 

 riched. 



THE CLOSE SEASON FOR DEER AND 

 QUAIL. 



THE laws of this State allow us to kill deer only in the 

 months of September, October, and November, but 

 allow venison to be sold in December and January as well. 

 It will be seen from the letter which we publish below that 

 the question of a change in the law will be brought before 

 the Legislature during the coming session. We shall feel 

 obliged if our correspondents at the West and in the inte- 

 rior of this State will, in accordance with Mr. Phelps' 

 suggestion, favor us with their views upon the subject. 

 Upon referring to the files of our paper, we find that cari- 

 bou from Canada was exposed for sale in our markets as 

 late as February 18th, and antelope from Nebraska as late 

 as March 4th, although the close season in the latter State 

 commences on the 1st January, and in Canada, for caribou, 

 on the 1st of December, and 1st of January in the Piov- 

 iuces of Ontario and Nova Scotia and Quebec and New 

 Brunswick respectively. Now, in this State the law re- 

 garding the possession of game mentions "moose, wild 

 deer, and fresh venison," and if caribou and antelope are 

 not included under these heads we would suggest that they 

 should be without delay. 



While on this subject we would call the attention of the 

 society to the fact that the close season for quail now ex- 

 pires on the 1st of October. Comparatively few sports- 

 men are aware of the fact, yet nevertheless it so stands. 

 Now, it is a notorious fact that quail, as a rule, are unfit 

 for shooting on the 1st October. A gentleman mentioned 

 to us that he shot a quail only a few days since on Long 

 Island the body of which was not much larger than a spar- 

 row's. The adjoining States of Pennsylvania and New 

 Jersey hold to the 1st November as the expiration of their 

 close season. In making our date a month earlier we are 

 opening a market for pot hunters and offering a premium 

 for poaching. Where was the energetic member for Suf- 

 folk, who has already had so many amendments inserted 

 in the laws for the protection of game within the limits of 

 his own county? Scarcely a section of the law but con- 

 tains some exception in favor of Long Island, but we look 

 in vain in the act passed April 29th, 1875, for any clause 

 which gives to the quail a longer lease of life. Mr. Phelps' 

 letter is as follows : — 



22 East Sixteenth Street, j 



New York, Saturday, October 9th, 1875. ( 



Editor Forest and Stream:— 



We sball have lo go to the Legislature this Winter for some amend- 

 ments to the Game Law of the State, and I should like very much to 

 know what the people from the interior, as well as from . he Western 

 States, tninkof the present law in respect to deer, which, while it only 

 allows us to kill deer iii September, October and November, it allows 

 venieon to b,e sold during the months of September, October, November, 

 December and, January. Would the people from the localities named 

 wish a change in the mouths for selling venison? If you can, thiough 

 Forest and Stream, draw out an opinion and the reasons for it. I 

 should be obliged, and I will lay it before the Association for consider- 

 ation. Yours truly, Royax Phelps, 

 President of the N. Y. Association for the Protection of Game. 



GAME LAWS—THEIR ORIGIN AND OB- 

 JECTS. 



IF we go back to the earliest history of game laws, or, as 

 they were orginally termed, forest laws, in Great Brit- 

 ain, we find that less importance was given to the observ- 

 ance of close seasons than to the restriction of sporting 

 privileges to those persons who were solely entitled to 

 them. And as the prerogative was at one time strictly 

 vested in the crown alone — poaching being punished by 

 death— it was probably presumed that the sole individual 

 interested would observe such seasons as suited his fancy. 

 It was not, however, until after the irruption of the North- 

 ern nations into the Roman Empire that restrictions were 

 placed upon game other than the natural ones applying to 

 laws of trespass. It is said that all forest and game laws 

 were introduced into Europe at the same time, and by the 

 same policy that grew with the feudal system, to retain as 

 slaves the conquered races, and, by preventing their join- 

 ing in the sports of the field, depriving them of the use of 

 weapons that might be turned against their masters. With 

 the division of conquered territories among the followers 

 of the crown, came the game laws which, with some modi 

 fications, have been handed down in Great Britain to the 

 present day; and of all the social peculiarities of that 

 country they are the ones which retain in their observance 

 the most marked characteristics of their feudal origin. 

 In reference to this subject, Blackstone, who seems to have 

 preferred that game should have continued the prerogative 

 solely of thecrown, writing upon the forest laws, says in 

 his commentaries: "From this root has sprung a bastard 

 slip known by the name of the game laws, now arrived to 

 and wantoning in its highest vigor, both founded upon the 

 same unreasoning notion of permanent property in wild 

 creatures, and both productive of the same tyranny to the 

 commons, but with this difference, that while the forest- 

 laws established only one mighty hunter throughout the 

 land, ilie game laws have raised a little Nimrod in every 

 manor." How the great commentator would open his eyes 

 if he could look upon the laws, or rather the absence of 

 them, in this country, and see a hundred Nimrods in every 

 parish. We should consider ourselves very fortunate when 

 we consider the hampering restrictions and expenses whioh 

 in Great Britain, confine the pursuit of game in a great 

 measure to men moving only among the upper classes of 

 society. With us the laws which secure to us life, liberty, 

 and the pursuit of happiness, confer upon us privileges en- 

 joyed by no other people. How much, then, does it be- 

 hoove us to show our appreciation of those liberties by 



strictly observing the laws promulgated for the preservaf 

 of game, that we may not only enjoy it in abundance h] 

 that the same privileges may descend to our children Th 

 absence or rapid decrease of game in certain localities I 

 which perhaps attracts the attention of sportsmen ai 

 should be a matter of concern to the whole people T* 

 with them rests its preservation through a strict observa ' 

 of close seasons. The increased love for field sports is ti ! 

 one thing which is to lift us above the reproach of bein 

 an enervated people. 



But to return to the origin of game laws. In 1621 th 

 property qualification was embraced in an act which pro 

 vides "that no man hunt or hawk hereafter who hath not 

 a plough of land in heritage, under the pain of one hun- 

 dred pounds," and in Scotland to the present day this law 

 of qualification still exists, so that nominally field sports 

 are only to be enjoyed by those possessing land in the 

 country . The law, however, is so liberally construed that 

 it is understood that those holding the landowner's permis- 

 sion possess also the landowner's qualification. It was not 

 until 1831 that the property qualification was removed in 

 England, and as late as 1844 unqualified persons pursuing 

 game, even in season, were subjected to the same penalties 

 as the trespassing poacher. In 1850 farmers were given 

 the right to kill hares, on their own premises or holdings 

 only, without qualification, when it could be done without 

 breach of contract with the landlord. At the present day 

 even the properly qualified landowner is obliged to take 

 out a license and pay a tax before he is permitted to kill 

 his own game. Penalties for killing game illegally and out 

 of season are not only very heavy, but the commission 

 of the act carries with it an amount of moral odium that 

 would almost extend to social ostracism. 



The defining of the ownership of game has always been 

 a matter involving much tribulation in Great Britain. The 

 statute books contain so many old laws of forestry— rights 

 of manor and rights of warren — that the sportsman must 

 be most careful that in his shooting he is not committing a 

 trespass, or appropriating game to which he has no legal 

 claim. As understood abroad, we have no game laws, 

 their place being taken by those governing acts of trespass. 

 Our laws for the protection of game refer solely to close 

 seasons and illegal means of capture, not to ownership. 

 The rapid settlement of our country will soon demand a 

 closer definition and expansion of the laws of trespass, or 

 the instituting of a code of game laws which shall confer 

 upon the owner of land the game which may be found 

 upon it, or with which he may stock it. Much of the iu- 

 terest that would be taken in the introduction of new, or 

 the preservation of old species, is lost from the discourage- 

 ment such efforts receive; and the same remarks apply to 

 fish culture. As a matter of some interest, we print here- 

 with extracts of the game laws of various European coun- 

 tries, for which we are indebted to that enterprising and 

 wonderfully entertaining journal, The Illustrated London 

 Sporting and Dramatic News:— 



In Naples a license to shoot is required, which gives per- 

 mission to shoot in open country, but not in inclosures. 



In Venetia fines are inflicted for shooting and hunting 

 without license. 



In Austria- Hungary, poaching is punishable as theft. On 

 holdings of less than 200 acres the shooting reverts to the 

 commune, and the proceeds of lease is divided among the 

 proprietors. 



In Piedmont shooting is punished with fine or imprison- 

 ment. A license to shoot is required. Owners of inclosed 

 land have absolute power over the game in its season. A 

 similar law exists in Lombardy. 



In Italy the rule laid down in the civil code is that occu- 

 pancy gives a title to property in game or fish found on it, 

 whether bred there or passing through. 



In Tuscany the property in game lies only in so far as it 

 cannot be pursued without leave in inclosures. A license 

 to shoot is required, and shooting is prohibited from sunset 

 to sunrise, with an hour's margin each way. 



The law of Belgium decrees the right to game to be co- 

 existent with the property in land. Owing to the number 

 of large towns poaching is frequent. 



With reference to Denmark, it is said that there are no 

 pheasants in that country, except in the king's preserves of 

 Amack and Klampenborg; hares are very scarce, and rab- 

 bits are almost unknown. The law, however, protects not 

 only the nobler animals, which may be called "wild," but 

 also the lower sorts, such as foxes, badgers, otters, mar- 

 tens, polecats, fieldfares, curlews, and red shanks. No li- 

 censes for carrying arms are required. Every one has a 

 right to deal as he pleases with the game on his land, suD- 

 ject, of course, to the directions of the general laws. 



In Spain shooting goes on at all times and seasons; snares, 

 traps, and decoys are used all over the country, and the re- 

 sult is the most alarming decrease in every species of game 

 throughout the country. 



In Portugal game does not belong either to the State oi 

 to private individuals, and the laws relating thereto rerer 

 chiefly to such persons as may be found doing damage to 

 property in pursuit of it. 



The Bavarian law of 1850 admits the principle that game 

 goes with the proprietorship of the land. Small holdings 

 are the rule, and the shooting on these, as in other German 

 States, reverts to the commune for the benefit of the p r0 " 

 prietors. Close time does not apply to preserves, but game 

 is not allowed to be sold out of season. Man traps aim 

 spring guns may be used in inclosures, if notice is V? bl . 

 up. In the palatinate of Bavaria the code Napoleon is m 

 force. , t u 



In the State of Baden the law of 1850 laid down tnc 

 principle that the right to own land carried with it w* 

 right to preserve and kill game upon it. For small estate 

 this right became vested in the communal body. Ihe cio^ 

 time is from February 2 to August 28 for all game, excel 

 boars, deer, capercailzie, blackcock, rabbits, and Dims 

 passage. Poaching is severely punished; game in P ieb ®J ft 

 is considered as property, and poaching dealt with as iu • 



The law of Wurtemburg distinctly recognizes gaj» e 

 property, but this right in small holdings passes to tue y* 



