226 



FOREST AND STREAM. 



[Apeil 10, 1888. 



ON DUCK NETTING. 



Editor Forest and Stream: 



Permit rne to lay before your readers some reasons why 

 the bill recently introuduoed by Senator Otis, to amend 

 Section 5, of Chapter 534, of Laws of 1879, ought to become a 

 law, as modified by excepting from its operation the mouths 

 of May, June, July, August and September. 



1 am informed that serious opposition to the bill is threat- 

 ened on the part of the duck netters, aided by the middle- 

 men, who find a profit iu the unlawful proceeds of the nets, 

 and that their cry is to be "injury to the fishing interests." 



1 think it can be conclusively shown that legitimate fishing 

 would not be. affected at all by the proposed amendment. 



The section above referred to (and which forms part of 

 what are collectively called the game laws) was passed in 

 1 879, and prohibits "in express terms the use of any net "with 

 Intent to kill or capture" wildfowl, and the proposed amend- 

 ment neither broadens, enlarges nor otherwise changes the 

 same, nor its penalty, but merely renders the enforcement of 

 the law practicable, by specifying what shall indicate the 

 intent. 



As the law reads at present, it is necessary for the prose- 

 cution to prove an intent on the part of the duck netter to 

 catch ducks, which is impossible unless he admits it, which 

 he seldom does. He chums instead that his net was set for 

 fish and "some ducks happened to be caught," and as such 

 settiug a net for fish is a lawful act in itself, no presumption 

 of an intended violation is raised against him, even though 

 he catches uo fish at all, but at every lifting of the net finds 

 fifty ducts entangled therein instead. That many thou- 

 sands of ducks are caught in this manner is an indisputable 

 fact. 



Such being the position, the question arose, how can the 

 law be made effective? An investigation revealed the fact 

 that the duck netters always, in their nefarious trade, use 

 nets of very fine twine which they set on the bottom in deep 

 water, on the feeding grounds of the clucks, using no floats, 

 and although their intent might be patent to any observer, 

 no legal proof could be in any case produced, since in law an 

 intent (being an invisible mental process) must either be pre- 

 sumed, or be proven by an overt act. If a person commits 

 a felony, the law presumes a criminal intent, and leaves the 

 accused to show the contrary; but violations of game laws 

 are not felonies, and therefore, in making the gravamen of 

 the violation of a game law consist in the intent, it follows 

 that in order to render a law in that behalf effective, it must 

 declare what shall constitute or be deemed presumptive evi- 

 dence of such intent. 



And the proposed amendment, it is believed, does this by 

 declaring that the use of nets without floats, during the 

 months specified, shall be deemed a violation of the }aw per se. 



I do not believe that the rights of any fisherman will be 

 injuriously affected by such an amendment. A law prohibit- 

 ing swinging a cat by the tail cannot injure Mr. Dick, who 

 does not want to swing a cat, and who never does swing a 

 cat. 



It can be satisfactorily shown that from October 1 to May 

 1 following, nets are not set for fish on the bottom in deep 

 water, and during the balance of the year, to wit, from May 

 1 to October 1, the restriction is removed. 



Every one of these men who set duck nets is a violator of 

 the law, and though by reason of the defects in the law he 

 be able to escape the penalty of his wrong doing, opposition 

 from him and his ilk to a measure that shall "loose the hand 

 of Justice" upon him, although natural, is not entitled to 

 any consideration at the hands of the Legislature in its delib- 

 erations upon the subject. 



The question is, shall the people of a whole district be de- 

 prived of the legitimate enjoyment of the game within its 

 limits in order that a few marauders may thrive, and shall 

 a statute which was intended to prevent the unlawful acts 

 complained of, remain any longer a nullity. A. H. A. 



New York, April 14. 



The following is the form of the amended bill above re- 

 ferred to : 



Section 5. No person shall, at any time, kill any wild 

 duck, goose or brant, with any device or instrument known 

 as a swivel or punt-gun, or with any gun other than such 

 guns as are habitually raised at arm's length and fired from 

 the shoulder, nor use any net, device or instrument, or gun 

 other than aforesaid, with intent to capture or kill any such 

 birds. Any person or persons who shall set or cause to be 

 set in any of the waters of the counties of Queens or Suffolk, 

 between the first day of October and the first day of May 

 then next ensuing, any seine or net wholly below the surface 

 of th e water without having corks or floats of at least three 

 inches in length each, attached at intervals of not more than 

 five feet, in such manner that such corks or floats shall float 

 upon the surface of the water over the entire length of such 

 net when set and not more than five feet apart, shall be 

 deemed guilty of a violation of this section. Any person 

 violating any of the provisions of this section shall be deemed 

 guilty of a misdemeanor, and in addition thereto shall be lia- 

 ble to a penalty of fifty dollars. 



COLORADO GAME LAWS. 



Editor Forest and Stream: 



Our Legislative Assembly that has just adjourned enacted 

 the following amendments to the game laws of the State: 



Section i. Section 1545 of Chapter XLV., General 

 Statutes, is hereby amended so that it shall read as follows: 



No person shall kill or wound, ensnare or trap any elk, 

 deer, buffalo or bison, fawn or antelope within this State, 

 between the first day of January and the fifteenth day Octo- 

 ber in each and every year. No person or persons shall kill 

 or wound, ensnare or trap, any monutain sheep for the period 

 of ten years from and after the passage of this act. No per- 

 son or persons, except butchers and dealers in meat, who 

 have regularly established stands or places of business, shall 

 offer to sell or expose to sale the saddle or hindquarters of 

 any elk, deer, buffalo or bison, fawn ot antelope, without 

 offering or exposing therewith the forequarters of the same. 

 No person or persons shall wantonly kill and destroy any of 

 the game, birds or animals mentioned in this act, nor shall it 

 be lawful at any time for any person to kill, ensnare or trap 

 any elk, deer, fawn, buffalo or bison, or antelope for the sole 

 purpose of securing the hide or skin of any such animal or 

 animals, nor shall it be lawful for any person, persons or 

 corporation, during the close season, to have in possession 

 any of the game herein mentioned, for any purpose what- 

 ever, except as provided in Section 1546 of said Chapter 

 XLY., General Statutes; and any person or persons outside 

 of any incorporated town or village found in possession of 

 two or more of the saddles or hindquarters of any elk, deer, 



buffalo or bison, fawn or antelope, without having the fore- 

 quarters thereof, shall be deemed guilty of violating the pro- 

 visions of this section, and such possession shall be prima 

 facie evidence of his having wantonly killed and destroyed 

 said animal. No person or persons shall purchase, deal iu or 

 have in possession any skin or skins of buffalo, elk, deer or 

 antelope, either tanned or in their natural condition, that 

 have been taken by Indians or other hunters, who kill such 

 animals for the sole or chief purpose of taking their skins, 

 nor shall any person or persons or corporation carry or trans- 

 port such skins. Any person or persons offending against 

 the provisions of this section shall be deemed guilty of a 

 misdemeanor, and, upon conviction thereof before any 

 justice of the peace, shall be fined in any sum not less than 

 fifty nor more than two hundred dollars for the first offense, 

 and for each subsequent offense shall be fined in any sum 

 not less than fifty nor more than two hundred dollars, and 

 be imprisoned in the county jail not less than thirty nor 

 more than ninety days. Any person arrested and brought 

 before any justice of the peace for any violation of the pro- 

 visions of this section, shall be entitled to a trial by a jury of 

 six. unless he shall waive the same; and if the jury find him 

 guilty, the justice of the peace shall assess the fine'aud costs, 

 and fix the term of imprisonment, as the case may be. And 

 in case the fine and costs be not paid, the same shall be col- 

 lected in the manner provided for the collection of fines in 

 cases of assault and battery before justices of the peace. 

 One-half of said fine shall go to the informer, and one-half 

 to the school fund, as provided in Section 2 of this act. 



Sec. 3. Section 1548 of Chapter XLV., General Statutes, 

 is hereby amended so that it shall read as follows: 



For the more certain detection and punishment of viola- 

 tors of this act, the county commissioners of any county 

 shall have the power to appoint special game wardens, who 

 shall hold their office during the pleasure of the board, and 

 it is hereby made the duty of such game wardens, when so 

 appointed, and of the county commissioners, sheriffs and 

 constables, or any other person of the several counties, when- 

 ever a violation of its provisions is brought to their knowl- 

 edge, to file, or cause to be filed, an affidavit before a justice 

 of the peace, charging the person or persons with the offense 

 committed, and thereupon a warrant shall issue for the arrest 

 of such person or persons, and trial shall be had, as pro- 

 vided in section three of this act. Justices of the peace are 

 hereby empowered to appoint special constables who, of their 

 own knowledge, or upon the information of a reputable citi- 

 zen of the county, may arrest, without warrant, any person 

 or persons violating the provisions of this act, and take him 

 or them before the nearest acting justice of the peace, where 

 trial shall be had, as provided in section three of this act, 

 after the proper affidavit shall have been filed, as though a 

 warrant had issued in the first instance. And this section 

 shall be a full protection to any such officer or person above 

 mentioned, who causes the affidavit or the arrest to be made 

 in good faith, or upon the information of a reputable citizen 

 of the county. 



Another bill that became a law provides: 



Sec 4. No person shall ensnare, net or trap, within this 

 State, any wild duck or wild goose at any time. Any person 

 or persons who shall violate the provisions of this section 

 shall be deemed guilty of a misdemeanor, and upon convic- 

 tion thereof shall be fined, as provided for in Section 3 of 

 the act of which this act is amendatory. 



Penalties are the same as above. 



It is unlawful to kill, net, ensnare or trap any quail, wild 

 turkey, curlew, plover, lark, whip-poor-will, finch, thrush, 

 sparrow, wren, martin, snowbird, bobolink, red-winged 

 blackbird, crow, raven, turkey-buzzard, robin or other in- 

 sectivorous bird. There is an open season, for shooting only, 

 in which partridge, pheasant, prairie hen, prairie chicken 

 and grouse may be killed, from October 1 to November 15 of 

 each year. The having in possession any of these birds at 

 any other time shall be prima fade evidence of violation of 

 law and subject the offender to punishment as above. Dealers 

 may sell game birds imported from other States and Territo- 

 ries, and professional taxidermists may kill for preservation 

 in cabinets or museums, but must present satisfactory proof 

 that such specimens are so preserved. 



Some good amendments were proposed to the fish laws, 

 but they were slaughtered the last day of the session by the 

 upper house in a vain effort to retain the old Fish Commis- 

 sioner. Gen. John Pierce, president of the Union Bank of 

 this city, was appointed to that office. The State Hatchery 

 has done very little good the past year. W, N. B. 



Denver, Col., April 8. 



SOME REMARKABLE SHOTS. 



Editor Forest and Stream: 



Some sixty years ago, while my father was a youth and a 

 student at Hamilton College, New York, on a certain occa- 

 sion in returning' home from one of his usual Saturday after- 

 noon strolls in the woods thereabouts, he observed a gray or 

 black squirrel run from the ground up the trunk of a large 

 hemlock tree, standing a few rods from him, and quickly 

 disappear among its branches. Wishing to discharge his 

 gun— which was one of those long, old-fashioned flintlock 

 rifles — before reaching home, but with not the remotest idea 

 of hitting the animal, for he could not see a hair of it and 

 did not know the place where it was concealed, he fired at 

 random into the densest portion of the large top, and to his 

 utter amazement and great delight down fell the unlucky 

 squirrel, shot through the body. 



A pure accident, of course, but he might have fired thou- 

 sands of shots through the top of that tree without harming 

 that animal. 



At a subsequent time, after my father settled down in the 

 wilderness in the interior of this State to hew out a home 

 and at the same time indulge his fondness for wild sports, 

 in a locality which was truly then a hunter's paradise, he 

 was one evening in spring gathering and boiling sap f or 

 maple sugar, when his attention was suddenly attracted by 

 the loud noise of wings. He immediately became aware 

 that a large flock of wild turkeys had come down from the 

 high hilly ground adjoining, and had settled to roost in the 

 high tops of the large oaks around him. Pie seized his rifle 

 which was resting against a tree, and moved cautiously 

 about, peering up into the trees, but the day having faded 

 into twilight, it was almost impossible to distinguish an ob- 

 ject, and one bird after another became alarmed and took 

 wing. He began to despair of getting a shot, when finally 

 he succeeded in making out the faint outlines of a bird sit- 

 ting on a high limb with its neck outstretched against the 

 clear sky, as if on the point of following its companions. 

 Hastily bringing his rifle up, he found he could see neither 

 sights, and he was compelled to guess as near as possible to 

 hit the body. Following the report of his gun, the turkey 



came struggling to the ground, and upon examining it he 

 found that his ball had carried away the bill and part of the 

 head, and a clean shot. 



Another instance or two of rather remarkable shots which 

 came within the writer's own experience. 



One day during the early part of November, after there 

 had been a light fall of snow, covering the ground to the 

 depth of an inch or two, I had been out armed with this gun 

 looking for small game. In passing through a tract of laud 

 bordering a neighbor's farm, wliich was in a wild state, 

 covered with brush, bunches of tall grass and patches of rose 

 willow here and there, interspersed with a few scattering 

 oak, I happened to catch a glimpse of a quail which was 

 moving in a patch of willows and grass a few rods ahead, 

 and quickly fired at it, when there immediately arose a quail 

 from the same place and stopped on the lower "branches of a 

 small red oak near by. With the second barrel the bird was 

 summarily knocked off, and upon going to investigate the 

 effects of the first shot, as the smoke from the gun prevented 

 seeing anything, 1 was greatly surprised to discover among 

 the dead grass and willows a large number of dead and 

 wounded quail. After securing and counting these were 

 found to number thirteen fine, fat, full-grown birds with the 

 first shot, and one by the second. This very probably com- 

 prised the entire flock. Murder most fowl, and truly a bar- 

 barous act of destruction which the writer has often very 

 much regretted. 



A few years after the above occurrence I was out one day 

 with the ride in the fall of the year, prowling around a buck- 

 wheat field which lay on the edge of a tamarack swamp 

 somewhat frequented by turkeys, when I started up some 

 quail, which ran along a fallen tree extending into the 

 swamp. I thought I would take the head off one, and as 

 I pulled the trigger others got in range, and the bullet not 

 only knocked the head off of the one aimed at, but cut the 

 wing from a second and the back of a third, thus securing 

 three birds at one shot with a 50-to-the-pound round bullet, 

 which if it had hit any of the birds squarely in the body, 

 would have left nothing remaining but the feathers. This 

 was the last of the writer's quail shooting, although he has 

 frequently seen small flocks when he has carried a gun since, 

 but theylooked so pretty and innocent that he hadn't the heart 

 to kill or disturb them. Chasseur Vieux. 



Detroit, Mich., March 30. 



Editor Forest and Stream: 



Last week a friend went hunting turkeys on Big Wichita 

 River by moonlight. From one tree he killed two turkeys, 

 one 'possum, one squirrel and an owl. He killed the owl 

 and squirrel without knowing it, shooting his new Spencer 

 repeating shotgun four times. Almo. 



Henrietta, Texas, April 2, 1885. 



STRAY SHOTS. 



I^HE water of the "Wallkill, in the vicinity of Deckertown, 

 N. J., is at present very high. There are some ducks 

 and geese on the meadows, but no snipe. 



The quail on the line of the Indianapolis and Vincenues 

 Railroad, in Indiana, have su If era! greatly during the winter. 

 In some sections they are reported entirely wiped out. 



The cluck shooting on the Illinois River this season is very 

 late. Ralph Whitehead, a market gunner who lives at Liver- 

 pool, writes that the best flight will take place this week. 

 Usually the birds appear early in March. 



Bill Vallentine, a celebrated shot, formerly of Newark. 

 N. J., but for years past of Francisville, Indiana, is danger 

 ously ill. 



The Nimrod Gun Club is one of the sporting organizations 

 of Newark, N, J. It has just gone into permanent quarters 

 at No. 46 Bloomfield avenue, where it has an eighty foot rifle 

 range. The club numbers thirty-live members. 



The duck shooting at Havre-de-Grace, and on the Mary- 

 land shore was quite good a week ago last Saturday. At 

 Carrblls Island and along the Saltpeter the birds appeared in 

 large numbers. 



An attempt is to be made in England and Scotland to stock 

 certain woodlands with the American ruffed grouse. This 

 bird certainly should do well in the mountains of Wales. 



Mr. Charles Banks, of this city, has been spending several 

 days on his magnificent preserve at Pine Neck, on Shinne- 

 cock Bay. Mr. Banks's new shooting box is nearly com- 

 pleted. It is a model of comfort. 



Mr. Harry B. Hollins has been spending some days re- 

 cently on his new catboat on the Great South Bay, duck 

 shooting. 



The wildfowl shooting on Shinnecock Bay tins spring has 

 been very poor. The redheads put in an appearance on 

 March HO, when Capt, Joe Penny and Lan Penny rigged out 

 and killed nineteen redheads and one broadbill, On the day 

 following the bay froze over and the ducks went to the Great 

 West Bay, There were then some excellent bags made iu 

 the vicinity of Moriches. For several days each "rig" aver- 

 aged about forty birds. The geese began to fly north on 

 Thursday and Friday of week before last, and the gunners 

 from Bill Lane's had several shots. On Friday of that week 

 Mr. John G. Heckscher, Mr. H. H. Hollister and Mr. F. Sat- 

 terthwaite spent the day at William F. Foster's, but met with 

 no success with the ducks, which were very wild. 



Several English snipe were shot on the Newark mead- 

 ows last week. The birds are very late this season owing 

 to the meadows being covered Avith ice. Last week the 

 snipe made their appearance in Virginia and Maryland. 

 Mr. Frank Dunning, of this city, killed a good bag near 

 Washington, D. C. " Small baas were also made at Old Point 

 Comfort. Mr. Arthur Duane^and Mr. John H. Abeel, Jr., 

 spent the three last days of last week at Forked River, N. J., 

 but had no shooting. , 



Three or four red foxes have beeu wintering on the Hack- 

 ensack River meadows, north of the Belleville, N. J., turn- 

 pike. Old Abe Jerolamon and a party til old fox hunters 

 have been running them with hounds during the past week, 

 and having no end of fun. The death of the foxes is not 

 contemplated. 



Owing to the dryness of the meadows m this vicinity but 

 few English snipe "have been shot this season. The shooting 

 for these stylish little migrants in Illinois this year is won- 

 derfully good. 



A bill was passed in the last New Jersey Legislature eni- 

 powering the New Jersey State Fish Commissioners to con- 

 trol and appoint game and fish wardens. Heretofore the 

 power was vested in the Governor. 



The Nimrod Gun Club of Newark, N. J., has secured a 

 club house. No. 46 Bloomfield avenue. A private rifle range 

 is to be built eighty feet long. The club numbers thirty-five 

 members. 



