Forest and Stream. 



A Weekly Journal of the Rod and Gun. 



Terms, $4 a Year. 10 Ots. a Copy. ) 



Srx Months, $2. j 



NEW YORK, AUGUST 12, 1886. 



j VOL. XXVII.-No. 3. 



1 Nos. 39 & 40 Park R ow, N ew York. 



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Porest and Stream PublisMiig Co. 

 Nos. 39 AND 40 Park Row. New York Oitt. 



CONTENTS. 



Editorial. 



Congress and Game Laws. 



The National Parle Police. 



The Scarcity of Blueflsh. 

 The Sportsman Tourist. 



In Camp on Two Medicine. 



The Old Man of the Hill. 

 Naturaiv History. 



The Intelligence of the Dog. 



A Preliistoric Sword. 

 Game Bag and Gun. 



The First Gun. 



Days witli California Quail. 



An Incident at Three Pines. 



Foxes and Foxliounds. 



A Simple Rifle Rest. 



Game Preserving in Britain. 



Georgia Game Interests. 



The Park Appropriation. 



Washington Territory Game 

 Laws. 



Sea and River Fishing. 

 Light Rods for Salt Water. 

 Salmon Notes. 

 The Pickerel Defended. 

 The Great South Bay. 

 Adirondack Notes. 



Sea and Riv^er Fishing. 



An Angler's Tribute. 

 Fishcttlture. 



The Iced and Frozen Fish 

 Trade. 

 The Kennel. 



Dandie Dinmont Society. 



Euglisla Kennel Notes. 



The Mastiff Type. 



Milwaukee Dog Sliow. 



Kennel Notes. 



Kennel Management. 

 Rifle and Trap Shooting. 



Range and Gallery. 



Championshir) Rest Shooting. 



The Trap. 



A 3Iuch Needed Reform. 

 Yachting. 



Yachting Notes from Boston. 



New York Y. C. Cruise. 



The Lake Y. R. A. Round. 



The Deadly Catboat. 

 Canoeing. 



My Paddle Gleamed. 



The Western Meet at Ballast 

 Island. 



Answers to Correspondents. 



CONGRESS AND GAME LAWS. 



IT has been repeatedly suggested that Congress be asked 

 to legislate on game protection. At the recent meet- 

 ing of the National Spoi'tsmen's Association a petition to 

 Congress was regarded as tlie solution of the problem of 

 how to preserve the vanishing race of wildfowl. Had 

 Congress jmisdiction in this matter, it might be worth 

 while to seek a national law forbidding spring shooting; 

 but it is quite clear iiiat Congress has no power to 

 legislate on the subject. On the other hand, there is 

 every ground for the opinion that we must look to State 

 Legislatures alone for such laws as may be needed. 



It is elementary law, laid down by commentators and 

 frequently announced in judicial decisions of the highest 

 authority, that the protection of game and fish is within 

 the police powder of a government. It is equally well 

 established that, before the formation of the National 

 Grovernment, the police power over their respective ter- 

 ritories was vested in the States, and that they, never 

 having ceded that power to the Federal Government, are 

 still possessed of it. 



"The powers not delegated to the United States by the Constitu- 

 tion, nor prohibited by it to tlie States, are reserved to the States 

 respectively or to the people."— ?7. S. Constitution. 



"The National government possesses no powers (as toward the 

 States) but such as have been delegated to it. The States have all 

 but such as they have snrrendered."— Oilman v. Philadelphia, S 

 Wall 713. 



"The powers bestowed by the Constitution upon the Government 

 of tlie L^nited States were limited in their extent, and were not in- 

 tended, nor can they bo construed to interfere with other powers 

 before vested in State governments whicli were, of course, reserved 

 to those governments impliedly, as well as by an express provision 

 of the Constitution. The State governments, therefore, retained the 

 right to make such laws as they might think proper, within the 

 ordinary functions of legislation, if not inconsistent with the 

 powders vested exclusively in the Government of the LTnited States' 

 and not forbidden by some article of the Constitution of the 

 United States, or of the State."— Go7d.cn r. Prince, 3 Wash. 316. 



"We admit that the deposit in Congress of the power to regulate 

 foreign commerce among the States was not a surrender of wliat 

 may properly be denominated police power. * ** It [police power] 

 extends to the protection of the lives, limbs, health, comfort and 

 quiet of all persons, and the protection of all property within the 

 State."— Railroad Co. v. Hmm, 95 U. S. l>65. 



"In the American constitutional system the power to establish 



the ordinary i-egulations of police has been left with the individual 

 States, and it cannot be taken from them, either wholly or in part, 

 and exercised under legislation of Congress. Neither can the 

 National Government, through any of its dep.irtments or officers, 

 assume any supervision of tlie police regulations of tlie States, 

 All that the Federal authority can do is to see the States do not, 

 under covei- of this power, invade the sphere of national sove. 

 reignty, obstruct or impede the exercise of any aiithoritj' vvhlcli 

 the Constitution has confided to the nation, or deprive any citizen 

 of rights guaranteed by tlie Federal Constitution."— CooZcy's Con 

 st itut ional Limitations [-5(71 ed.], j]. 708. 



"The State of Missouri has as mucli right to preserve its game 

 as it lias to preserve the health of its citizens."— Strtf 6 v. Randolph 

 1 Mo. App. 15. 



A statute of New^ Jersey forbidding non-residents of the 

 State to take oysters, clams or shells from the w^aters of 

 the State w^as held to be constitutional. As fish have fre- 

 quently been judicially decided to be like game, ferm 

 naturce, the following language of the court applies to the 

 question before us: 



"It [commerce v\ith foreign nations and among the several 

 States] is this intercourse which Congress is invested with the 

 power of regulating, and vvitli vviiich no State has a right to inter- 

 fere. But this powe)-, whicli comprehends the use of and passage 

 over navigable waters of the sev'eral States, does by no means im- 

 pair the riglit of tlie State governments to legislate upon all sub- 

 jects of internal police within their territorial lijnits, which is not 

 forbidden by the Constitution of the United States, even although 

 such legislation may indirectly and remotely affect commerce, 

 provided it do not interfere with the regulations of Congress upon 

 the same subject."— Cor/i€7d v. Coryell, U Wash.37S; see also MeCready 

 V. Virginia, 9U U. S. 391. 



The Committee on the Judiciary of the House of Repre- 

 sentatives, to whom had been referred a proposed bill to 

 give to the several States equal right with the citizens of 

 each State to fish for floating fish in the navigable waters 

 and lakes of the latter, presented an unfavorable report 

 in May of this year. The report (printed in our last issue) 

 closed in these words: 



"That case [Blades vs. Higgs, in the House of Lords] decides 

 clearly and distinctly tliat if A, a hunter, finds, kills and carries 

 off in one continuous act, any game, /era' naiura\ on the land 

 of B, the dead game is the absolute property of B, rati one soli. 

 That the same doctrine is applicable to fish caught and taken from 

 the waters of the owner cannot be questioned; and the oases rt~ 

 ferred to by the judges in the discussion of the cases above cited, 

 mention fish as of the same character as animals and birds. Your 

 committee, therefore, being of opinion that the navigable waters 

 within each State belong to it, subject to the paramount right of 

 navigation for the benefit of its own people, it has tlio right to se- 

 cure the exclusive right of fishing in them to its own citizens by 

 virtue of their common property in said waters, and that the citi- 

 zens of other States have no constitutional riglit, nor can Congress 

 confer any, to participate in them." 



When migratory game is properly protected by statute 

 it will be not by CongTcssional but by State legislation. 

 Such legislation cannot be secured by sportsmen meeting 

 in national convention and passing resolutions to petition 

 Congress. It must be the work of determined, persistent 

 and not easily discouraged men who will present the sub- 

 ject in a proper light to State legislatures, and then see to 

 it that the votes of the members are not bought up nor 

 dickered for by the lobbies. 



Senator Edmunds is on a fishing excursion in Canada, 

 his companions being ex-United States Marshal W. W. 

 Hem-y, and Editor Marden, of the Lowell, Mass., Courier. 

 .Senator Edmunds was one of the "simple wise men" 

 whose characters as men, anglers and camp comrades 

 were discussed in so charming a mamier by George Daw- 

 son in his "Angling Talks." Of the "Distinguished Anglers 

 of Om- Time" there mentioned were Vice-President 

 Wheeler, President Arthur, General Sphmer, Senator 

 Edmunds, Judge Folger, Governor Seymour, Chief Jus- 

 tice Ritchie (of New Brunswick), and Chief Justice Gray. 

 In the short time since that w-riting death has made sad 

 havoc in the ranks of the goodly company of angling 

 friends, Dawson hunself having been the first to go. Ah! 

 how the years flow by as rivers to the sea. 



Fables have a wonderful vitahty. The wisdom whAch 

 three thousand years ago was made by the fabulists ©f 

 India to proceed out of the mouths of brutes has cim-ency 

 to-day, and you may buy collections of fables as old a%s 

 the hills. ^The Forest and Stream has gathered for re- 

 publication seven of the Fables printed in these columns 

 a few years ago. They have been illustrated by the author, 

 "Awahsoose," and make capital mid-summer reading. 



Georgia Sportsmen are consideruig a new game law. 

 The report given in another column contains gratifying 

 evidence that the Augusta mov^ement is in good hands. 



The Bottle Joke is passed around by the fminy men 

 who think that it is all of angling to sw-ill w^hisky. 



THE SCARCITY OF BLUEFISH. 

 T N another column we give a report of a meeting of 

 citizens living along the Great South Bay, Long 

 Island, to consider the blueflsh and menhaden question. 

 For some years past there has been a growang feeling that 

 this great spawning ground should be kept free from nets, 

 and this feeling was strongly illustrated at the meeting, 

 where a large majority were shown to be in favor of the 

 abolition of all nets in the bay. These nets have been set 

 in t^ie channels to capture the fish as they enter, and it 

 has been customary to haul seines upon certain of the 

 shallower waters. These seines, for such they are in 

 reality, are technically known as "fly nets," andtheowoi- 

 ers claim to make a distinction because the net is not 

 hauled on shore, as is usual in the case of seines; one end 

 is fastened to a stake out in the water and the other is 

 swept aroimd to the stake, and the inclosed fish are then 

 lifted out by making a bowd of the net by di'awing the 

 lead line in ahead of the buoy line. 



There have been complaints by the netters this year 

 that certain persons, supposed to be connected wnth some 

 of the angling clubs, have placed obstructions upon these 

 shoals to prevent netting, and local feeling has run high 

 from this cause. 



It appears to us that every dweller uj)on the south side 

 of Long Island, whether farmer or hotel proprietor, 

 should see that it is to his interest to abolish all nets from 

 this bay. The net fishermen are not many in numbers, 

 and the fish taken in the bay bring them but a small sum 

 in comparison to the money that would be left by anglers, 

 wdio w^ould hire these same fishermen and their boats if the 

 fishing in the bay would warrant it, and these men who 

 now get but a bare living from the fish they take, would 

 find an increased revenue from the influx of men who, as 

 a class, spend five times the value of any fish which they 

 capture, and this sum would be distributed among the 

 hotels, boarding houses and the baymen, not to mention 

 a possible demand for houses or building lots by those who 

 like residences near such good fishing ground as the Great 

 South Bay has been, and which in former years attracted 

 just such a class of men who have built up Bay Shore , 

 Babylon and Islip.. 



Make the Great South Bay a gTand preserve to be fished 

 by hook and line alone, let the menhaden come and go 

 out unharmed and in a few years the increased fishing ■ 

 will attract more dollars. to the villages along its shores 

 than the netters would obtain in a lifetime. The market 

 gardners would find a home demand for their produce; 

 the saving of the commissions on which would more than 

 repay them for letting the menhaden alone and allowing 

 them to spawn and attract the food fishes, instead of put- 

 ting these bony fislies uito their soils as soon as they ap- 

 pear in the bay. We have no sympathy whatever with 

 this manufacture of menhaden oil, which, if we under- 

 stand the question rightly, is largely used for diluting 

 ler and more valuable oils, and w^e believe that it is this 

 increased destruction of the menhaden w^hich is responsi- 

 ble for the gradual diminution in the catch of bluefish for 

 some years past. As we have said before, we do not lay 

 the extraordinary scarcity of bluefish this year entirely 

 to the menhaden steamers, for the fish may come again 

 next year, but never while this menhaden oil industry is 

 pm-sued as it is now wdll the bluefish and some other of 

 our valuable food fislies be as plentiful as they have been 

 in the past. It may not be possible perhaps to abolish 

 this industry in wdiich so much capital is im^ested, but it 

 is ]X)ssible to restrict it in our bays and harbors, and this 

 should be done at the earliest possible moment. 



Trap-Shooting Reform.— A new order of things is 

 demanded. It is high time shooting tournament rules 

 were so modified as to insiu-e an equitable divisiori of the 

 prizes among amateur competitors. When Carver or 

 Bogardus com-e into a towm with the circus it is a treat 

 to see them shoot, and every man who wishes to know 

 w^hat can be done wath a gun or rifle is justified in paying- 

 gate money for the show. But it is all foolishness for 

 amateur trap-shooters to pay in entrance money to make 

 uj) a purse for the sake of seeing a piu-se-hunting, mako- 

 his-living-aWt shooter display his skill at raking in the 

 prizes. 



Miss Kate Field has joined the ranks of the vacation- 

 ist scribblers, and in a letter to the Grajjhic writes in 

 enthusiastic jH'aise of July jack-hunting of deer in the 

 Adimndacks. 



