Nov. S, 



FOREST AND STREAM. 



267 



going in the. opposite direction. But now we made for it 

 right gladly, and had just time to pry open the little door 

 and squeeze iu against a solid mass of hay, when wit* a 

 i-u-;li aild fl roar i J n.- unreasonable thunderstorm broke upon 

 US. hi our cosy inst we were .safe and dry. :ind we exulted 

 ut the roaring of the wind in the lives, and fch» CM aim Ol 

 thunder, mill the mighty undertone of the rain. For lull 

 twenty minub i . storm raged, with intervals Of compara- 

 tive quiet, when LI sath red strength for afresh onslaught; 



but by and by In-' thunder. laps rolled farther and farther 

 away, the wind .subsided, and the rain fell more and more 

 gently, till at length it .stopped as suddenly as a child stops 

 Crying and the sun burst through the dripping tree tops like 

 a senile through lear-wel lashes. We gathered up our guns 

 and game, pushed ourselves our of our n.-sts in the hay, and 

 picked our way carefully along the Darrow path to the road 

 again. Then, with the invigoration of the clarified air and 

 a keen appetite, we set out on a swinging lope for toe tavern, 

 and presently were toasting our damp shins at a good 

 hickory fire, and relating our adventures to a wide-mouthed 

 audience. '•Will, them dogs of yourn be good for Some? 

 i il Ham Marsh, carressing his •• span '!"— "but, I'd 



rather lev mine." 



A DAY'S SHOOTING IN FLORIDA. 



UnpiUS Invalid" was iu St. Augustine, Fla.. enjoying 

 J_ with his wife and friend, the ./.'.- farniqnt> of thai 

 quaint and pretty old town, His first and only shooting ex- 

 cursion there took place shortly after his arrival, and on his 

 return he described it in these- words: 



0(ir guide was the Jack of all trades of the entire county. 

 His name was Fredericks, and the populace called him 

 '■Rex" for short. While strolling any day through the nar- 

 i.' i i: is you would see him perched in mid-aii, hanging 

 on by his u'pp I lasiies, painting a sign tor an aerial fancied 

 shopkeeper. Attain lie would be tearing on a young colt 

 beyond I lie city walls, breaking the rOSUVC three year old, 

 Then vou woui I meet l-.iiu rushiueinto oneof the oldcoquiua 

 walled houses to choke a do<Se of" physic down the throat of 

 SO ne poor suff -rer, J lis favorite prescription was a delight- 

 ful aud bracing mixture which lie compounded lroni Irs 

 sick >d paintsfand oils. Many a tough old "muihawkin" 

 an 1 Florida "cracker" had he pulled through with that 

 s true • -tonic." 



Well, o ic bright lovely morning, just at the dawn of day, 

 a ip red at the hotel door in a "jumper," as he called 

 it. It proved lo be a two-wheeled abomination, and it was 

 well named, tut it would jump everlastingly. The only way 

 von -avd your tongue and teeth from entire destruction 

 an.i loss whi).. riding iu it, was to ram the one half way 

 down your throat and close the Others so tightly tog ther 

 that jour entire mouth fell like a vise, and you quite ex 

 pjri.'tieed all the horrors of la tkj iw. A. fair loo dug setter 

 belonging to "theold veteran" — as the newspapers delight to 

 call Wfll— OtUToll Livingston, was coiled no iu the cart:. 



My friend Page and 1, accoutred I 

 boots and guns and traps, plunged in 

 dashed off. Of course, as in all such 

 wife had filled the cart with all sorts 

 She crammed in the medicine chest a 

 and some enticing looking bottles, at 

 rugs, a. i umbrella, and great Scott! ; 

 suppose she thought I would recline 



birds as they coniidi ugly soared to their fate in "a constant 

 .streel about' thirty yards off. Ah, the faithful tender S]>os,( 

 ink/! What good and careful watch she. keeps over my 

 racked lungs, and bow anxious will stie be till I greet her 

 again at dusk, 



Packed full as we were, and with only one seat holding 

 two in the can, big Page bad to find a bed of thorns among 

 the traps behind. Every jolt of the wheels would send his 

 " would make, a dash with his hands 

 t.when down would come his heels 

 tattoo," enough to smash the floor 

 we rode through the streets of old 

 ilte city gates into the magnolia 

 rray dawn of day. The moekiug- 

 ~ their clear, pure notes as wo 

 ■irwas thick aud drowsy with the 

 i. We -went on through the mag- 

 the trees arching overhead 



tthe 



ith long 

 hicle and 

 my good 

 of bundles and hags 

 nd a big lunch basket 

 d wraps, waterproofs, 

 . camp chair, which I 

 and gaylv shoot the 



(evils 



Thus 



heels up iu tie.: air, he 

 for t he back of i 

 again with a ' 

 boards in twain. 

 Augustine, and 

 groves beyond 

 birds we're w 

 bumped along, 

 scent of ot 

 nolias, a g 



iO that tile bine sky ab.e. 

 dew drops sparkled aud , 

 breeze was swaying tin 

 drops to the ground, so 1.1 

 a shower of silvery light 

 came to the savanuali, a 

 expected to find that 



arblii 

 ondtl 

 nge blOSS 



■ was almost shut out. The Ilea „ 

 rlistened on the leaves, and a cool 

 limbs to and fro, shedding the 

 at we seemed lo be passing through 

 Beyond ngaiu, in the open, we 

 t immense low swauip, where we 

 ... glorious bird for sport, the English 

 -Hi -i and have our blood stirred at the sound of his "scape, 

 scape," as he winged his. quick flight, 



Just at the border of the "mash" 1 saw a big wing glisten 

 in the grass, about, sixty yards off. and, hoping for big game, 



1 cunningly and sellish 

 "Pull up here and I'll jut 

 put up something. " I 



cartridges, and crept aloi 

 hung back and did not S< 

 forward, and judging I • 

 where 1 bad seen the W 

 ahead, and rose up all ret 

 My blood was up and I 

 there rose an immense hi 

 the whole sky as I sighted 



id to Bex, in *an~ofl'-haucf 



t put my gun together, as we may 



umped out, stuck in a couple of 



g the edge of the sedge. The dog 



em to care to do her work. I stole 



vas about the right distance from 



ug flutter, I threw a lump of clay 



dy to catch the bird on the wing. 



was eager for the fr-,iy. At once 



- .-I that appeared to fill up 



Slowly and awkwardly the erea- 



ilf 



ture took flight, and 1 had all 1 could do to pre 

 from blazing into it. 



Great shrieks of disgusting laughter assailed my ears, aud 

 Slowly and sadly, "halting with reluctant feet," I turned 

 back lo meet the jibes and ridicule of those two vulgar aud 

 heartless ruffians. -'Why didn't you pot him?" shrieked 

 Page; and "You're a. prize buzzard stalker!" yelled Rex. 

 Alas, too true. 1 had advanced with deadly intent aud with 

 a beating, hopeful heart, using till my sporfimr skill to bag 

 "the scavenger of the South." Great Scott! will I ever heal- 

 th.- hist of that buzzard? 



We uenl on and hunted II 



.vanuah aud got about two 



The sun had climbed high in the clear sky 



id as our throats were parched and we were 



lv hunters can i.e. r ■ made for the cart. As 



ii'-ted a rising ground coveted with scrub 



te .dee ofs 01 - :-.iii suddenly drew 



ong the ■-"■■ scrubs, eon Page -..id La me, 

 go on and take that point. You've been 

 ■ •- now if von cant kill this time." 

 l good fellow, take him all round, hut he is 

 y who preface in a sort of hang-dog inauuer 

 some of their speeches by saying, "I'm a plain, outspoken 



dozen bird) 

 by this tin 

 as uungrj asot 



we went we si 

 palmettoes at t 



up slitf and an 



Invalid, you 



missing all mo 

 (Pn.;ei:,c,lly 

 OUe. of ' ' 



person, you know— "and then immediately blurt out 

 something which hurts your feelings in the cruelcst way.) 

 I advanced quietly, admiring the good bitch the while 'as 

 site stood like a rock, wilh her body rigid and her head 

 drawn a little to one side. Just as fresched her she sud- 

 denly made a big spring, gave two quick frightened yelps 

 and "lit out" on a bee line for the woods as hard as she 

 could tear, and was soon lost to sight. A peculiar pungent 

 aud aromatic odor lioated in the afr, and I looked at Rex 

 dumbfounded with surprise. Not a. bin) got up. Rex 

 turned off one side with very quick steps and quickly re- 

 marked, "We had belter make tracks; it's a moccasin!" 

 Cheerful intelligence truly, for the moccasin is it deadly 

 poisonous snake, so Page and 1 left, looking like a pair of 

 fidl checked "high-steppers" as we lifted our feet full high 

 over the palmettoes, with a pleasant feeling crawling in cold 

 shivers up our legs, and playing along our back bones Unit 

 every moment we would be struck With the venom of the 

 reptile. Ugh 1 



Bex told lis later that the dogs often point these smtkes, 

 their odor being very like a 'quail's. The brute had evi- 

 dently struck at Fan who must have beon out of range, but 

 the very life was frightened out rf her. 



We reached the cart, which was drawn up in a cool shady 

 spot near some water, and 1 immediately went to the stream 

 aud pulled one of the bottles out. which had been put there- 

 to cool, and took several long and deep draughts from it. 



"Look here, invalid," called Page, "how many of those 

 'swallows' make a summer?" 



"When the 'swallows' homeward fly," Rex added. 



'Tm taking an antidote for a snake bite." sai 1 1, 



"But you weren't struck." 



"Well, I might have been, and it will cure the fright any- 

 way." 



" fou'll see snakes— plenty of th^m; lu.op snakes, too— if 

 yon don't take your long throat away from that bottle." 



"He will drown himself inside with it, anyway," said Rex. 



We sat down in the cool nook, and spread oiir feast over 

 the grass. Bex dealt out the fluids, and Page handed us a 

 big pile of sandwiches. They were mighty tough chewing 1 

 thought, and Rev, who could bolt anything, teemed in 

 difficulty, too. We managed to grind "up two each, and 

 slow, laborious work it was. I looked at Page, who had 

 kept so quiet 1 fancied he might, have noiselessly suffocated 

 over oue of them. He seemed all right, however, and was 

 munching away with composure and satisfaction. 



"You fellows arc always grumbling— never satisfied. 

 Why can't you be contented ami take tilings, even tough 

 sandwiches, as tbi-y come?" he said. I noticed a sly twinkle, 

 iu his off eye, and 1 knew something was up. Just then a 

 bit of white meat dropped from the sandwich in his hand. 

 It fell to the ground, and, by the great horn spoon, it was— 

 chicken! Yes, young, tender, and juicy chicken! My 

 wife, with her own hands, had made, a few big sandwiches 

 of ' 'spring broilers" for me. I had forgotten all about them, 

 and had ben breaking my teeth and dislocating my jaws 

 on the black, tough, leathery abominations of the hotel's 

 making, while Page was regaling himself on what should 

 have been iny dainty, toothsome ones. The brute had 

 finished att bit one, and I crammed that whole, into li is 

 mouth, while he was shaking with laughter at my rage; but 

 I had the slight, satisfaction of seeing him almost choke as 

 he splattered and shook, lie grew red in the face, but he 

 could not stop laughing, anil finally, when he got the whole 

 thing anchored down into his rapacious and capacious 

 stomach, he took such a. long pull out of one of the bottles 

 that it made us lonely watching him, as the spirit gurgled 

 with an enticing wash down his throat. 



The seller wandered back to us just then looking 

 thorougly ashamed of herself, with her ''flag" drawn down 

 at more than half mast. We gave her a few biscuits, washed 

 her feet iu the stream, and, recruited and refreshed, we put 

 the flea-bitten, home bred mare to the carl and started off 

 for "pastures new" with high hopes to pursue the sport. 



Fan ranged at her "own sweet will." and as we reached 

 the center of a large, dry, open space, while quartering the 

 ground .swiftly, drew up to a fine point. We flushed a" bevy 

 of about twenty quail, and by each of us taking the birds in 

 our line at the first flight and "marking down," we got 

 seventeen of them. The bitch worked finely here, though 

 she would "break shot." She was very fast, with a keen, 

 true scent, and staunch and firm on a point, so it was half 

 the sport to me to watch her work. 



We soon started homeward, as it was getting late, and 1 

 hud promised the good wife lo house my "iron constitution" 

 before dark. As we neared the town after a long drive, 

 with "a heavy sea on" in the "jumper." Rex, pointing to a bit 

 of water ahead, told Page lo alight, as there was always a 

 duck or more to be found there. Pa^e went on, and as he 

 neared the pond threw up his hand as a signal that he 

 sighted game. Stooping well down, cautiously^and slowly 

 he stole on, almost on all fours. The grass, about three 

 feet high along the margin of the water, hid him from the 

 doomed birds. On he crept, and we held our breaths now, 

 for he was within range, and well we knew his deadly aim. 

 Suddenly he arose, brought his gun as quick as lightning to 

 his shoulder, gave one quick glance along the rib, and took 

 a snap shot at — what? By George! at a little clump of 

 native oyster shells! He let drive into the mud aud shells, and 

 for one instant the heavens were full of dirt, bits of hardened 

 lime and smoke, while the din of the report rang on the air! 



He turned wilh a sad face aud retraced his steps to the 

 cart— and we exploded. 1 yelled and shouted myself hoarse 

 at him, for the buzzard an'd chicken sandwiches incidents 

 were now avenged. - Rex gave out mighty war whoops, 

 Fan barked unceasingly, even the marc took sides with us 

 and neighed responsively. Page said never a word, but he 

 Will regret all the rest of his life mistaking a dark dirty 

 mess of Florida oyster shells for black ducks. 



We feasted that night on the spoils of the hunt, and we 

 poured libations deep and strong to the day, but there was 

 one at the banquet, who bore a sad air and a meek mien. A 

 deep gloom was in his eyes, and melancholy marked him for 

 her own. and it was neither Rex nor 1. .1. S. 11. 



New Your.— Medina, Orleans Co., Oct. 25.— Wild geese 

 have appeared in quite large numbers on the shores of Lake 

 Ontario, feeding on slubble and wheat fields, but 1 have not 

 heard of any being killed. Ducks are not reported plenty. 

 Plover have been scarce this fall, but a friend reports kill 





utv 



dn 



Blai k and gray squirrel hunting has been good. I 1 

 good authority for reporting strings of ten to twenty, 

 oue especially large bag of thirty, but the writer must 

 he has not 'had "so good luck! Woodcock and parti 

 shooting has not been, on the whole, first class— at leas) , 

 is the experience of— Sal Niteh. 



THE NEW JERSEY NON-RESIDENT LAWS 



K<lH„i' Fonat awl S 



I have paid some attention to the New Jersey game laws 

 affecting non-residents of that State, and have arrived at 

 conclusions respecting Ihem which 1 beg leave to submit. I 

 have no personal interest in the questions involved, but 

 being a lawyer. 1 have found them interesting iu their legal 

 and constitutional aspects Al v conclusions are as follows: 

 1. The acts in question do not authorize any society to 

 exact a license fee exceeding the annual dues 'of resident 

 members for the privilege of shooting in New Jersey. The 

 provision in the charter of the West Jersey Society is, in 

 effect, that non-residents of the State shooting in' certain 

 counties must comply with the bv-laws of this society 

 Now, whit sort of by-laws an meant? I think-, obviously, 

 by-laws intended to protect game, and restraining the mem 

 bars equally with non-residents. The idea of the Legislature 

 Seems to have been that such regulations as the members 

 saw fit to impose upon themselves for I lie good of game. 

 Should apply equally to all non-residents shooting in the 

 counties affected. Such regulations might, for example, be 

 made, forbidding the shouting of prairie chickens or exotic 

 game, such as migratory ouail or English pheasants during 

 Q term of years; or forbidding sprint: snipe shooting; or 

 limiting the number of game birds or animals to lie killed 

 by a man in a day. To by-laws of this general nature non- 

 residents- were required to conform. But there was not to 

 he one law for the member and another for the non resident 

 although the State would enforce the law arainst Ihe latter 

 and not against the former. No discrimination between 

 member- and nonresidents is permitted to the society, either 

 by express terms or by implication. If the society eiin tntike 

 the privilege of shooting more burdensome to the non- 

 resident than to the member, it ran practieallv exclude the 

 former entirely. No such power is given to it. 



?.. What has been said of the West Jersey Society applies 

 equally to all societies organized under the general law, 

 which has, nev rtheless, .some curious leatures of its own. 

 No society organized under it has any sp cittl or peculiar 

 field of operations assigned to it, The New Jersey Society 

 claims "protection" over the whole Slate, and there is noth- 

 ing in the statute which for. /ids or con diets with such a 

 Claim. Nor is there anv limit to the number of societies 

 that may be organized, From this it would follow that any 

 non-resident desiring to shuot in New Jersey must comply 

 with the by-laws of all Ihe game protective societies "organ- 

 ized or to be organized." A few men in Cape May county 

 may, it is supposed, get up a society and fine a non-resident 

 $60 for shooting a partridge in Sussex without joining their 

 society. Moreover, no piovision is made in the statute for 

 giving the non- resident notice as to hnw many or what by- 

 laws be must obey. He may be required to conform to any 

 number of them, no matter how onerous, inconsistent or 

 absurd they may be, and no matter if he ever heard, or 

 might have heard, of them. Can the Legislature have in- 

 tended any such thing? Can such an act have any force or 

 validity? 



ii. The root of the matter is that this sort of legislation is 

 all unconstitutional. The courts have repeatedly beld, and 

 it is well settled, that t c legislative power of the State, 

 vested by the Constitution iu the Legislature, cannot be 

 delegated by if to any other body. Thus in Barto vs. Him- 

 rod. 8 N. f. Reports p. 4811, it was decided that an act, 

 which, by its terms, was to become a law only after its ap 

 proval by a majority vole of the people of the State, was 

 unconstitutional aud void, whether approved or not by 

 popular vote. Decisions to a like effect have been made, 

 and are the recognized law. in New Jersey. To my mind it 

 is too plain for argument that the legislation now under 

 consideration is a mere bald attempt to 'delegate legislative 

 power, but with certain gross and extraordinary features of 

 unconstitutionality. For the power is atlempted to be 

 given, not to the people of the State, nor of any part thereof, 

 nor to any local authorities, but to certain undefined and irre 

 sponsible societies, not representing Ihe people iu any sense, 

 and not subject to any direct supervision or control. The 

 courts of New Jersey cannot hold such legislation constitu- 

 tional without swallowing alive several of their previous 

 decisions. 



4. But an adequate discussion of these points is hardly to 

 be expected in the Welsh case. It is stated that the New 

 Jersey Society has assumed the defense of that ease and has 

 intrusted it to their own counsel. That he will defend the 

 case in a way wiiich, if successful, will knock the bottom 

 out of the whole system of levying tribute on non-residents, 

 is not very probable. The court may possibly go beyond 

 the argument of counsel, and, on its own motion, decide the 

 constitutional and other questions involved. But this, also, 

 is unlikely, because the judges generally have enough to do 

 in deciding the questions argued by counsel, without dig- 

 ging anv other questions outof the* cases that come before 

 them. There is some danger that the courl , by assuming 

 and passing without question the constitutionality of the 

 legislation under consideration, may unconsciously create a 

 rpiasi precedent in its favor. The ultimate settlement of the 

 matter is, however, in my judgment, as certain as the de 

 cisiou of a legal question', involving the application of old 

 principles to new circumstances, can ever be. Perhaps an 

 action for assault aud battery or false imprisonment, brought 

 by some one who has been arrested ami lined, or imprisoned, 

 would raise the question in as neat a way as any. Such an 

 action might probably be brought in an 'United States I our), 

 though I do not think there would be any advantage in 

 choosing that forum. Piukct. 



New ViT.KK, Oct. 13, ibm. 



i % : -<!m(j-,i: 



In looking over the file of back numbers alluded to iu 

 in v last. 1 see that you have been favored with pros aud 

 eons of Ihe game protective society question, with especial 

 reference to the West Jersey Society and their recent activi- 

 ties. Perhaps you are tired of the subject, and perhaps you 

 have room for a little more light on it from another stand- 

 point. To-day I have with me a friend, a gentleman who 

 loves to shoot, and who has lor fifteen yell's lived a) Ghtss- 

 boro, in the very center of the West Jersey jurisdiction 

 Let me give you his opinion on the "local society," He. 

 says: 



'"The W. J. G. P. S. may be a good institution, but if so 

 it has been sadly misrepresented aud entirely misunder- 

 stood, With us it is looked upon as organized and man 

 aged solely for the gentlemen Sportsmen (?) of Philadelphia 

 whom we denominate pot-hunters. Among our farmers we 

 nave many who shool for tin. love at shooting, who protect, 

 or would protect, the game, aud who are in no sense illib- 

 oral iii their views. And yet 1 oo not know of one such 

 farmer with whom the society is not an object of dislike 



