134 



FOREST AND STREAM. 



[March 16, 1882. 



them from the head waters of Pitt River. They were from 

 one and a half to ten inches in length. As there were no fish 

 of any kind in the lake, and no enemies of eonsequehoe, and 

 an abundance of suitable food, they had nothing to do but 

 to grow. Nothing- more was seen of them till April, 1SS0. 

 They could then occasionally be seen feeding during the 

 summer. In (September following I placed 1,S0O more in the 

 lake. This lot were from two to Ave inches in length. 



Their next appearance was in April, 1881, just nineteen 

 months from the time the first fish were deposited in the lake. 

 They then began to ascend a small stream, which empties 

 into the. lake, for the purpose of spawning. To my great, sur- 

 prise I found them measuring from fourteen to twenty inches 

 in length, and some of them weighing four pounds. This was 

 30 satisfactory thai I concluded to experiment still further 

 with them, and try to hatch some artificially. I took near 

 20,000 eggs and placed them in Hatching boxes in a building 

 over a stream, of water. During the night the. dam broke and' 

 left the eggs high and dry. Thinking they would be killed 

 in a few minutes, I paid no further attention to them. Six- 

 days after, on examining the eggs, I found them moist and 

 looking healthy— the floor of the building being damp and 

 cool had prevented them from spoiling. I then emptied them 

 into the stream. In about six weeks I found many hundreds 

 of them had hatched. 



I simply mention this to show how hardy they are. After 

 spawning they returned to the lake and began to feed on 

 grasshoppers. 



My method of feeding them is original as far as I know. At 

 the southern boundary of the lake is an old gravel bar, 

 thrown up by an extinct lake or ocean. This bar is about 

 half a mile wide by three miles in length. Its only production 

 is weeds of various sorts and innumerable grasshoppers, of a 

 local, harmless species, with indifferent wings. They do not 

 travel. These collect along the edge of the water in great 

 quantities, and to all appearances will furnish an inexhausti- 

 ble supply of food for all time to come. To feed the fish then, 

 it is only necessary to walk or ride close to the edge of the 

 lake for about a quarter of a mile, when the grasshoppers will 

 hop into the water by thousands. There is always a breeze 

 from the South at this season of the year, which carries them 

 "out to sea." As soon as they are out a few feet from shore 

 the fish, -which are lying a short distance out expecting them, 

 make a rush, frequently throwing their broad purpfe sides 

 into full view, and making the water boil for nearly a quarter 

 of a mile. With such food they soon recovered from the ex- 

 hausted condition in which they left the spawning bed. From 

 this time their growth was very rapid. Those that would have 

 weighed from three to three and half pounds, on leaving 

 the spawning grounds in May, weighed from five to six and a 

 quarter pounds about the 1st of October. As near as I can 

 estimate, trout eighteen months old average from one and a 

 quarter to one and a half pounds. I shall be pleased to corres- 

 pond with parties who are raising the rainbow trout, and 

 ascertain if possible if they will subsist on vegetable food. 

 It is reported that the trout of Pyramid Lake, Nevada, feed 

 on a species of moss whichgrows in the lake. It is also re- 

 ported that the trout of GooseLake, when confined, eat boiled 

 wheat and rice. I do not know these reports to be true. 



H. Woodson. 



Fort Bidwell, Modoc County, Gal. 



RIGHTS OF FISHCULTURISTS. 



A LAW of Connecticut provides that "Everv person, who 

 shall enter on the land of another, for the purpose of tak- 

 ing fish from any private pond or stream therein, after the 

 owner or occupant of such land, pond, or stream shall have 

 posted a notice adjacent thereto, forbidding such entry, shall, 

 in addition to the damages for such entry, forfeit to such 

 owner or occupant, one hundred dollars." 



An interesting case has just been decided in Waterbury, 

 Conn. , which may prove interesting to our readers, and per- 

 haps serve as a precedent in other cases of trespass upon pri- 

 vate ponds. Therefore we give the opinion of toe judge in 

 full. 



H. H. Peek vs. Elijah Mallory, action to recover a statutory 

 penalty of $100 for fishing in the plaintiff's private pond. This 

 complaint came before Henry I. Bough ton. Esq., justice of the 

 peace, and was ably contested on the part of the plaintiff by 

 Webster & O'Neil and on the part of the defendant by Judge 

 Cowell. The following written opinion was delivered by 

 Justice Boughton: 



OPINION. 



The principal points of contention in the case before me 

 were: 



1. That the court had no jurisdiction of the subject matter 

 of the action. 



2. That notices were not posted as required by law. 



3. That there was no sufficient proof that the defendant 

 entered on the land for the purpose of taking fish. 



4. That it did not appear from the evidence that the plain- 

 tiff was the owner or occupant of the pond within the mean- 

 ing of the statute. 



First — This seems a very strongly marked action on a statute 

 to recover a debt as a penalty for fishing in the plaintiff's pri- 

 vate pond. The allegations in the complaint arc : That notices 

 were posted; that the defendant broke and entered for the 

 purpose of taking fish; that, by force of the statute in such 

 case provided, the plaintiff is entitled to recover. There is no 

 claim here for an injury to the plaintiff's possession, nor for 

 common law damages. " Our statute provides that action may 

 be brought where either the plaintiff or defendant resides. 

 This is the general rule. There may be two or three excep- 

 tions, like ejectment, trespass to land, and summary process ; 

 but certainly the action is not one of the exceptions. 



Second. — The second point of resistance was : That notices 

 were not posted as required by law. If the owner should post 

 notices on the first day of January and these notices should 

 be immediately torn down, and on the first day of the follow- 

 ing January a stranger should fish, without any notice that 

 the premises were a private fishery, whether the penalty 

 could be collected in such a case as this would be doubtful. 

 The plaintiff would seem to be within the letter of the statute, 

 but still, I am hardly inclined to think he would be within the 

 spirit. On the. other hand, if notices were properly posted, 

 and were immediately torn down, and immediately there- 

 after a stranger should" fish, could it be successfully contended 

 that, because the notices were not there or that the stranger 

 did not see them, the owner would be without the protection 

 of this law? I think not. In- this case, however, although 

 there was some, negative testimony from the. neighbors, that 

 they had not seen the notices, and some of them thought they 

 woidd have seen them if they were there, still there was the 

 very, positive evidence that a notice was on the bulkhead on 

 the' day in question, and that other notices were seen on the 

 premises adjacent to the pond at different times during the 



? receding year, and, indeed, during the three preceding yeaa & 

 should be compelled to find from this evidence that suffi- 

 cient notices had been posted, and that the law on this point 

 hail been complied witn. 



Third. — The third point presented. for the consideration of 

 the court, was, whether the defendant entered upon the land 

 in question for the purpose of taking- fish from the said pond. 

 The evidence was that the defendant and another man started 

 out together in the morning and went to "Blade's pond:" that 

 this other man fished in the pond untU about 10 o'clock A. Ai ., 

 the. defendant remaining with him; that the defendant then 

 said, "Let us go down to Oakville and see what luck we shah 

 have there;" that they went to Onkville, "where holes were cut 

 through the ice on the pond in question, and the other wan 

 .. . :Juutil 1 o'clock in the afternoon. _ The defendant hims elf 

 said that he sat upou the batik during all thi^ time, except 

 that on one occasion he took out a ugh which had been caught 



on one of the lines; that he did this to help the other man. 

 [It is to be noted here that the defendant did not make this 



a it until after the plaintiff had produced evidence that 



the defendant was seen taking iish up through the ice.] Both 

 parties went away together about 1 o'clock with quite a string 

 of Iish. I think I should be justified in nhdingfrom this evi- 

 dence that the. defendant 'aided, abetted and assisted this 

 other man in taking fish from the pond in question. I tjeed 

 not cite authorities to show that the defendant would lie 

 equally liable with this other man to pay the penalty pro- 



I en ; ';— The fourth point, and the one which presented to 

 rue toe most serious difficulty, was as to the plaintiff's title to 

 the pond in question. Four years since the company, by vote 

 of its directors, authorized its secretary bo lease, there was 

 no limitation of the secretary's power to, nor of, the, time for 

 which the lease was to be given. The secretary did lease for 

 one year from January 1. [This lease was in writing.] With- 

 out any new vote of the. directors the secretary leased verbally 

 for a, second year, and then again for a third year, and the 

 plaintiff paid' the company for this occupancy usually in July. 

 About the. first of January last the plaintiff asked if he could 

 have the pond for another year, and the secretary said yes. 

 The company certainly would not be. permitted to dispute "the 

 plaintiff 'a title during the first three years: during Ihis time 

 the plaintiff was without question the' occupant of the pond. 

 He claims to be in possession now, under color of right. I am 

 inclined to think the plaintiff is lawfully the oecupant of that 

 pond by virtue of his understanding with the secretary ; but 

 whether he was lawfully the occupant of that pond or not 

 seems to make no difference: he was in possession under a 

 claim or right, and is just as much entitled to the protection of 

 the law against a stranger as any other disseizor. A thief may 

 lawfully maintain his possession against every one except the 

 true owner. 



Much was said in the argument about this statute being 

 penal, and that a strict construction should be placed on it. 



I am aware that, in times gone bv, the waters of this State 

 were thought to be a free fishery: but that this doctrine of free 

 fishery could never strictly be applied to auy but public navi- 

 gable, waters. Of late, however, a large share of the time of 

 the Legislature is taken up with the protection of iisheulture 

 I think, therefore, it may be said with truth that it is a rule 

 of public policy in Connecticut to protect the propagation 

 and culture of fish. And therefore a liberal construction 

 shotdd be placed upon all acts of the Legislature for the pur- 

 pose of furthering the objects in view. 



This brings me to say, therefore, that I am constrained to 

 hold, that the plaintiff is entitled to recover the penalty pro- 

 vided by law, viz., the sum of 8100. 



WHAT MIGHT "SLICKENS" BE?-The Gridley, Cal.. 

 Herald says: "Feather River is freer from slickens than it 

 has been for many years, and the w^ater is rapidly assuming 

 the clearness of the Sacramento as seen during low water 

 north of Colusa. Fish are also becoming plentiful in the 

 streams. The first salmon seen in it for nine years made its 

 appearance near the Thresher slough last Friday afternoon. 

 It was a good sized one, and would weigh not less than twenty 



Sounds. Cattish are also becoming plentiful m it, and we 

 ear of several parties catching trout in the stream during the 

 past month. If the stream can be kept rid of slickens it will 

 become one of the most popular pleasure resorts in the State." 

 It may be that slickens eat the. salmon, and if so. why don't 

 they shoot them? Or do slickens come down and drink up all 

 the water and leave the. salmon to dry up < If so, then shoot- 

 ing would remedy this. The He rait I 'does not state how large 

 the slickens grow, nor just how they destroy the fish. Per- 

 haps after alLslickens is a weed that tills the streams so that 

 a salmon cannot pass through between the stems. In vain 

 we have appealed to the dictionary in the absence of any per- 

 son speaking the California language: O, what can the 

 slickens be-e-e? O, what can the slickens be? 



gfa §mnel 



FIXTURES. 



BENCH SHOWS. 

 April 18, 19, 20 anil 21— New Yerk, Sixth Annual Bench Show of the 

 Westminster Kennel Club. Entries close April 3. Chas. Lincoln, 

 Superintendent, 



May 9, 10,11 and 12- -Bosom. Mass. Third Bench Show of the Massa- 

 chusetts Kennel Club. Chus. Lincoln. Superintendent; K. K, Ha.rdv, 

 Secretary Exhibition Committee, P. O. Box 1798, Boston. Entries 

 close April 2£. 



FIELD TRIALS, 



September— National American Kennel Club Field Trials on Prairie 

 Chickens. -Jos. H. De«. Columbia. Tenii.. A-aretarv. 



December— National American Kennel club Field Trials on Quail, 

 Grand Junction, Tenn. D. Bryson, Memphis, Term.. Secretary. 



;V 



PITTSBURG BENCH SHOW. 



S was foreshadowed in our report last week, the Pitts- 

 burg show proved a wonderful success. Not only were 

 the entries in excess of those of any former show, but the 

 quality of the animals exhibited was greatly superior. In 

 fact, we do not remember a show where the percentage of 

 good, ones was so high as here. The hall was crowded aearry 

 all the time, often uncomfortably so, and the result finan- 

 cially was a most- gratifying success. Although Thursday was 

 rainy and very disagreeable, we could not see. that it made 

 much difference in the attendance. Even the ladies donned 

 their waterproofs and turned out in goodly numbers to see 

 and admire the beautiful animals that were here displayed. 

 It was very aggravating to witness the bright smiles from 

 "witching eyes," and to listen to the endearing words from 

 ruby lips that were lavishly bestowed upon the "lucky dogs." 

 who appeared to appreciate and thoroughly enjoy their ' 'day, " 



Much of the success of the show is due to the "indefatigable 

 labors of Mr. Chas. Lincoln ; that his efforts were appreciated 

 the many words of praise from the members Dj A,; IssOOia- 

 tiou, as well as the more, substantial testimonial presented him 

 abundantly attest. The officers and members of the society 

 were unsparing of their time and money, and fairly earned 

 their abundant success. We have often heard the sportsmen 

 of the "Iron City" extolled for their generous hospitality, 

 but can trulv say that the half had not been told. More 

 genial whole-souled gentlemen it has never been our good 

 Fortune to meet, and we shall long remember with pleasure 

 the very pleasant associations connected with our sojourn 

 here. The old City Hah iu which the show was held is well 

 Calculated for the purpose.; it has been renovated and greatly 

 improved since last year, new windows have been put in and 

 it hasbeenneWiy painted and frescoed, electric fights were 

 introduced especially for this occasion, and the animals couid 

 lie seen nearly as well in the evening as bv da v. -Many of the 

 stalls were tastefully draped and decorated, and this added 

 much to their appearance. 



On Wednesday evening a very interesting meeting of the 

 association was "held, at which a large number of gentlemen 

 from all parts of the country were present. Gen. Sweitzer, in 

 beli.nl f ot the members of the association, in a very happy 

 speech, presented to Major Taylor a beautiful and costly 

 badge of elegant design and exquisite workmanship as a tes- 

 timonial of then- liirti esteem for him as a gentleman and a 

 judge. The major was taken completely by smpn- 

 couli -A command language in which to reply, but in a 



lew well eh n. heart-felt words expressed his thanks for 



' sn erf esteem. Col. Goddard. of jSanesviJle, 

 O., made a few remarks, which were warmly applauded, ex- 



pressive of his appreciation of the kind attentions which had 

 been shown him by the members of the association; ae A,, 

 ..'complimented Judge Taylor. Several othei 

 owed in the same strain. 



g, the president, gave s si, on lb,.' , a ,- of the sorrtjM 

 tat the first meeting in lNTl t.hei held i do.- - A ay 

 ion with their poultry show, -.. inch ;.l. uue 

 exhibited; the next one, he remarked, was im ftH 

 bey had six. He then warmly eulogized Mr. Chas . 

 id paid a high compliment to !A -. 1 1 . 1 ty as mini- 

 thusiasticaliy applauded y --.-,-..- , , '. ,,.'. 

 -udei-cd to Ur. Jas. Watson for he ini xtif 



ha. 

 tleu 

 M 



stat- 



rial at 

 hisdu 





.s judge of the non-sportine A, ..,...-, .[ 

 made a few remarks in reply, when the 'in •■■An. ..oem- 

 a brief time was devoted to'social converse, whir, . i , 

 to thoroughly enjoy, and when the final good nidi 

 spoken, the wish was universally expressed that a 

 meet at next year's show. Several protests wme hat 

 but none of them were sustained except in - 

 Count Bendigo was protested aghavin A 1 D ptll A 

 the Excelsior Kennel was formed, and was prononnci 

 gible by the committee. 



It was nearly 11 o'clock when Major Taylor com 

 judging. 



f'MAMeiox Exoi.ish Setter Do«s were a capital 1 

 one of them well worthy the pride -" ••' 



rai 



a 



ma 



id 



thi 



led around the ilng for inspection one. 

 to us that he was beaten "oy thunder." A glance 

 competitors showed that all were of one mini 

 blue ribbon was given to the beautiful son of P 

 Border, there was not a dissentant voice. JH <-. I • 

 Spot, although too fat, is a well put together anim 

 of bone and muscle, and we have no doubt is j: 

 great endurance. Mack Laverack, owned bv Sn 

 and Loyd has but just returned from a long and ha. i i <M 

 paign in the field and consequently was lacking in£ha,tt 

 of coat and feather generally considered of vital impo 

 upon the bench. He is a very well formed animal, an I 

 looking one as well as a first-class fielder. We shall loai^ 

 member his magnificent high-headed point at Grand JunoflM 

 last December, while runnine- his heal with Forei 

 11. liaiicy Harrison's Dick Laverack, own brother p. 

 one litter older, is also a good one. He has also left the nidi 

 of his coat and feather among the briers. He had the mis- 

 fortune to get a hot cinder in his eve while on his ionruev, 

 causing him to droop his head, which detracted from' hi- ap- 

 pearance. Thunder, the winner, was shown in the ver pink 

 of condition, except thai, he was a trifle too fat: his fc i! her iil 



spered 





i 



■ to 



something wonderful to see, that upon hi 



iug the ground. That Thunder is a good stock do; 



bench show winner, a gla.ucc a( : h do/ ■ I..- , 



are exhibited here shows conclusively. Although 



the recipient of man v honors upon the bench, sve 



well deserving of all that he has won. and doubl i 



day a better Laverack in the world. In the bitch clas? thS 



were three good ones. Peep o' Day, who was awarded thS 



prize. Petrel II. and Fairy II. Vixen IT. was ,-, 



matched. We were somewhat surprised thai MajorTayfiH 



who has heretofore in making his awards shown so decided a 



preference for the Laverack type, should pass by e 



representatives of this type as Petrel Haul Fair} 



place Peep above them. Although Petrel II. isthebesl Laverack 



bitch that we have ever seen, and we fully expected 



win, we must say that Peep o' Day A 



prefer. We consider her a grand one. Alfchou 



condition she has a gamy, sty lish look that I 



her owner may well be proud of her and her achie 



as she has not only repeatedly taken the highest hon 



the bench, but is a Field Trials winner as v, 



first in the National Trials all-aged stake a1 



last December. 



English Setters were a grand lot, "with soasroeb 

 one among them. In the dog class Plautugeuet wai 

 edly given first. He is very near our ideal, and we 

 no dog that we had rather possess. We were vei 

 pleased with him at the Field Trials on Bobbins! i- 

 t'a.ll, and pronounced him the best young do 

 ever seen. Should his mature form fu lull An 

 gives, we shall look to see him fcaki :,. h rank— if 

 highest— among the canine celebrities of the day. 1 

 his half brother, was placed ne...L. Ea is no! so' web 

 gather as Plantagenet, but a very good one.- "W 

 scarcely make up our mind just how to place Fnreir. 

 don, liclton II., Belton III., Lightning. Chancellor ■■ 

 Crack, and were clad thai the on, •on- la k 

 other hands. Prairie si oim was also a good o,e . .- 

 his curly coat. Royal Gladstone was- a fa r 

 out of condition. We also liked the liftfcle Acme, bo 

 too young and undeveloped to compete with the c 

 this class. We were, disappointed in Darkie. He 

 no show animal. He is a grand one in the field, an_ . 

 goer and a stayer, and we have no doubt would nick wejij 

 with some of the finely-formed bitches that lack bona anil 

 muscle. 



In the bitch class Belle's Pride was decidedly tin h H 



fully deserved the pride of placa We liked both N 

 ami .Minerva for second place better than Gertrude; in f.ioL 

 thi.n-e were several that we thought full as l;,,. :..... I 



Bud, although rather too small, was vervwell our. to<et.h*> 

 and we fully expected to see her placed, 

 though a capital bitch, was in such coudit 

 think she de 





is plainly 

 l looks | 



Li 



:1 inentu 

 mange, but as the veterinary who was consulted pronounflS 



She was only a short time front a har I 



and had not had time to get in condition. Mr. Donnem 



Belle was in splendid condition, and would have uncomf.(OT 



ably crowded the winner of first place, but she wt 



with a very severe attack of pneumonia while on hei . ■ ; ■ ■ 



and, in spite of every effort to save her, she died. 



although a little beefy and a bit coarse, we liked 



Blanche was aLso a good one. Had she had good fe 



would have looked much better. Altogether lie- wa> a -\,'.-u- 



did class. Next came the 



Pure Laveracks. — Don Juan wasgiven first, :i- hi - 

 the best one. He. has a doal of quality, and is ver. 



•ether. 



We 



Fairy Pr 

 1 has i 



CO 



ill ah 

 iudi'ap 



btedlj be ties 

 We fancied his ad 

 t of the lot. 1 

 He has 

 o imp 



rd fro 

 on wt 



,-:,< Blue \ 



vet he 



he 



ond pla 



He 



poor 



not in lirst t 

 nnfnl bead and a wonderful 

 he is not yet two years old. A. 

 w condition, which was too much qsH 







rl. We had Petrel III., a grand i 

 and Pearl for second bnr the positions wen 



is a very handsome I iial, With a gamv, st : :~b lo 



deal of iqua.hr v. but she is a trifle swa 

 fair condition, could not compare with Pe 

 capital form. Hest to theee two we preferred Pel . 

 We own that we were prejudiced in hVr favor, a= w 



trials, " She was sadly off in coat and feather, as sa- 

 lami ed all the season. I .u Laverack, her fitter sister, is aUffl 

 good one. Peeress, arthougll -.he had just weaned her pap 

 was grossly fat, yet she showed many good point \ id 

 deserred all Bh. ■ 



lu the (I lass four brother? the [irffm 



palhonor-. .and lii-ri-. . as they were ; 

 was a trifle I he bet one, although 1; . 

 good. Royal Lothair and St. Juliw, -. up to il 



