610 



FOREST AND STREAM. 



[Jaw. 80, 188"?. 



aforesaid, but not including female lobsters in spawn or 

 with egss attached." 



It will be seen by the above section that the law makes no 

 distinction between a live lobster or one that has been boiled. 



Such being the law it makes no difference whether the 

 lobster is still alive or dead if found in possession; the party 

 having it in possession is violating the laws. 



If the law is to be practicable in its application the time of 

 measurement cannot be limited. "VSnien lobsters are found 

 in possession while alive the invariable claim is that the 

 possessor intends to liberate them, and if he does this while 

 there is a vital spark left in them the law has been complied 

 with, When found boiled the possessor says, "Hands off, 

 you have no right to touch a lobsster after he breathes his 

 last 1" He is then entitled to rest in peace. Now what did 

 the Legislature intend, when they declared that lobsters of a 

 prohibited length hhould not be bought, sold, exposed for 

 sale, or had in possession ? Did they mean to limit the 

 time to the life or the lobster ? Would it not be just as con- 

 sistent to say that a female lobster after boiling did not 

 oome within the prohibition ? Few lobsters are exposed 

 for sale before boiling. If they cannot be measured after 

 boiling then the penalty for illegal possession cannot 

 be enforced. There are no rules laid down to be fol- 

 lowed in measuring which contemplate contraction or ex- 

 tension in the process of boiling. If this law is to be 

 enforced officers charged vrith its enforcement must have the 

 right to take the prohibited lobsters, illegally held, while 

 living or after they are boiled, and proper measurements 

 made at either time must be considered sufficient. The 

 statute should receive such construction that its provisions 

 can l^e enforced. 



This was certainly the intention of the originators of the 

 law, as will be .sho-wn by the following letter from the Hon. 

 John H. Kimball, chairman of the Fish Committee when 

 the law was passed: 



BATH, Maine, Oct. 30, 1886. 

 To the Editors of the Lexoistoivn Journal 



Cert.ain crustaceans are known commercially and scienti- 

 flcally as lobsters and by no other name, whether alive in 

 their salt-water homes or on the marble slab of the fish dealer, 

 boiled and ready for the table. In either condition thev are 

 known only as lobsters. 



The Revised Statutes recognize no difference between liv- 

 ing and dead lobsters, and the same rule 8.pplies to all fish 

 where a limit is given as to size, in the laws enacted for their 

 protection. 



The haA'ing in possession a herring for canning purposes, 

 less than eight mches in lengthj or a trout less than five 

 inches, or a salmon less than nine inches long, is a violation 

 of the law, and the possessor is liable to a penalty. In the 

 enactment of these laws there was no distinction made 

 between lining or dead fish or lobsters. A great deal has 

 been written and said about the lobster law, and the attor- 

 neys of prosecuted parties have endeavored to befog the court 

 with the ide^ that a boiled lobster is not a lobster within the 

 meaning of the statute, and claim that the length of the lob- 

 ster when alive in the trap is to be the true measure. I know 

 of no objection to that if each lobster is provided with a 

 duly authenticated certificate that it was of legal length 

 when caught. 



But all these arguments seem puerile and nonsensical, 

 beside the plain reading of the law. 



In the framing of that law, the best legal talent in the 

 Legislature was consulted. Nothing was left to conjecture 

 or inference, but the intent and meaning was i)ut into pure, 

 undiluted Anglo Saxon, so that it should be plain and intel- 

 ligible, even to the weakest intellects. 



Now, unless the Supreme Court shall decide that a boiled 

 lobster is not a lobster, then there can be no doubt as to the 

 construction of the law. I have no fear of such a result. 



I have been asked, as Chairman of the Committee on 

 Fisheries during the last two sessions of the Legistature, to 

 state the \news and intentions of the committees in the 

 enaiCtment of the lobster law. Those committees were as in- 

 telligent and competent to perform their duties as any in the 

 Legislatui'e, and there was no difference of opinion as to the 

 intent and meaning of the law, that whatever condition the 

 lobster may be in, alive or boiled, the length is to be taken 

 when the illegal act is detected. Otherwise the law would 

 be an alisurdity. 



How is a man to prove that the identical ten-inch boiled 

 lobster which he offers for sale, measured ten and one-half 

 or eleven inches when alive? Even if it were possible to so 

 prove, which it is not, he would still be liable to the penalty, 

 lor the law expressly says that it is unlawful to have such a 

 lobster in poss&ssion, and makes no provision for any ex- 

 ception whatever. 



I think, however, that this question of shrinkage in boil- 

 ing has been conclusively settled by the experiments made 

 by Shore Fish Commissioner Counce, and which demonstrate 

 beyond dispute that a sound lobster suitable for food does 

 not shrink in boiling. J. H. Kimball. 



This question of shrinkage was raised in the very first case, 

 State against Josiah Burnham, of St. Geoi'ge, for Uiiving 44.5 

 lobsters in possession less than nine inches long, May 23, 1885, 

 and he was fined. Case appealed and carried to law coui-t, 

 and up to this time the decision has not been reported. 



In almost every case since, this same point of shrinkage 

 has been raised and the cases carried up to law term, so that 

 but little has been received by the fish wardens for fines on 

 this account. 



It is hoped that this question will soon be decided, for if 

 this question of shrinkage is allowed, the law is not of much 

 account, for most of the lobsters offered for sale ai-e first 

 boiled. 



To settle this question, I would respectfully ask that the 

 law should be so amended and changed that it shall be un- 

 lawful to fish for, catch, buy, sell, expose for sale, or possess, 

 at any time, lobsters less than ten and one-half (lOK) inches 

 in length, measured alive or after boiling, from the end of 

 the bone of the nose to the end of the bone of the middle 

 flippei>- exclusive of fringe; the lobsters to be extended full 

 length when measured. That there shall be no close time; 

 that all owners of lobster cars shall have their full names 

 carved, painted or branded upon the top of all cars in legible 

 letters, not less than three quarters of an inch in length and 

 the name shall be prima facie evidence of ownership: and 

 any car-s found in use without such name thereon shall, to- 

 gether with its contents, be seized and declared forfeited to 

 the officers making such seizure, unless a claimant appears 

 for the same within twenty days and proves ownership and 

 pays all expenses attending said seizure. 



I would recommend that the word "yoitng" should be 

 stricken out of chapter 40, section 21, sixth line; and a few 

 other slight changes in various provisions will greatly facil- 

 itate the practical enforcement of the law. The attention of 

 the next Legislature should be called to these matters, and 

 the present laws relieved of all uncertainties. 



What is wanted, says the Forest and Stream, is a uni- 

 form law that shall bring Rhode Island and Connecticut 

 into line %vith Maine and Ma.ssachusetts, in this good work. 

 It adds: "It is worthy of note that all along the Maine and 

 Massachusetts coasts, at least, the fishermen evince a will- 

 ingne.ss and even a desire to see the short lobster law en- 

 f oi-ced. All they ask is that it be made general. They know 

 that it is better to give the lobsters time to grow; but if un- 

 dersized ones are to be caught, each fisherman feels as 

 though it was a duty to his pocket that he got his share." 



It has been noticed that lobsters of a much larger size are 

 now coming into market. 



Policies in the Travelers, of Hartford, are good for their face; 

 $1,000 means ^1,000, not a small fraction of it.— ^du. 



FIXTURES. 



DOG SHOWS. 



J.amiary, 1887.— Bench Show of Poultry and Pet StocTt Associ- 

 ation, at Adams, Mass. AV. F. Daris, Secretary. 



Jan. 17 to 21, 1887.— Ohio Stale Poultry, Pigeon and Pet Stock 

 Association Dog Show, Columbus, O. W. F. Knell, Superintend- 

 ent, Columbus, O. 



Jan. 18 to 21.— Exhibition under auspices of the National Poultry 

 and Bench Show Association, Gate City Guards Ai-mory, Atlanto, 

 Ga. R. J. Fisher, Secretary. 



Feb. 8 to 11.— Southern Massachusetts Poultry AEsociation Bench 

 Show, Fall River. A. R. G. Mosher, Secretary. 



March 23 to 25, 1887.— Spring Show of the New Jersey Kennel 

 Club, Newark, N. J. A. C. WHmerding, Secretai-y, Bergen Point, 

 N. J. 



March 29 to April 1, 18S7.— Inaugural Bench Show of Rhode 

 Island Kennel Club, Providence, R. I. N. Seahury, Secretary, 

 Bos 1333, Providence. 



April S tjQ 8, 1867.— Third Annual Sliow of New England Kennel 

 Club, Boston. F. L. Weston, Secretary, Hotel Boyleton, Boston, 

 Mass. 



Apiil 12 to 1.'), 1887.— Thirteenth Annual Dog Show of the. Western 

 Pennsylvania Poultry Society, at Pittsburgh, Pa. 0. B. Elbon, 

 Secretary. 



May 3 to 5, 1887.— Eleventh Annual Show of the Westminster 

 Kennel Club, Madison Square Garden, Now York. Jn,m©B Morti- 

 mer, Superintendent. 



FIELD TRIALS. 

 Feb. 1^ 1887,— Inaugural Trials of Tennessee Sportsmen's Associ- 

 ation. Entries close Jan. 10. R, M. Dudley, Secretary, No. 84 

 Broad street, Nashville, Tenn. 



A. K. R.-SPECIAL NOTICE. 

 'yHE AMERICAN KENNEL REGISTER, for the registration 

 of pedigrees, etc. (with prize lists of all shows and trials;, is 

 published every month. Entries close on the 1st. Should be in 

 early. Entry blanks sent on receipt of stamped and addi-essed 

 envelope. Registration fee (50 cents) must accompany each entry. 

 No entries inserted unless paid in advance. Yearly subscription 

 $1.50. Address "American Kennel Register," P. O. Box 2833, New 

 York. Number of entries already printed 4502* 



THE PACIFIC COAST FIELD TRIALS. 



n["^HE fourth annual trials of the Pacific Coast Field Trial 

 X Club took place Dec. 13, at Hanford, Fresno county, a 

 sm.all -village 300 miles southeast of San Francisco. The 

 grounds on which the running took place were located about 

 ten miles from the village on King's River. They were level 

 as a billiard table and covered vnva. a rank growth of weeds 

 and grass, affording fine cover for birds, but rather too thick 

 for successful working of dogs. The birds were plentiful 

 but extremely wild. The attendance was much better than 

 last year, though not so good as expected. The Annual 

 Citrus Fair, of Northern California, commencing on the 

 same day as the trials, and the near approach of the holidays 



Erevented many from attending who would otherwise have 

 eeu there. 



Tlie judges were Mr. Fred A. Taft. Hon. D. M. Pyle, and 

 Mr. Frank Satterthwaitc, in place of Mr. R. T. Vandervoort, 

 who was selected but could not attend, The Derby was to 

 have been run first, but only two dogs entered for that stake 

 were present, and as it was thought that others were on their 

 way, and would eventually arrive, it was concluded to run 

 the All-Aged Stake first. Of the ten entries for the stake 

 seven were present and were drawn to run as follows: 



Mountain Boy against Janet. 



Dashing Money against Lassie. 



Tom Pinch against Royal Duke II. 



Sweetheart a bye. 



At 1 o'clock on Monday, Dec. 13, members of the Club, 

 judges and visitors, proceeded to the grounds in carriages, 

 where they were met by Mr. Lillis, the manager and part 

 owner of the raiich on whic'h the trials were to take place, 

 together w^th a number of other gentlemen. Following the 

 lead of an attache of the ranch to a point about a mile from 

 the house, a bevy of birds were found and the second brace 

 drawn were put down, the running of the first brace having 

 been deferred in consequence of the owner of one of the dogs 

 not having yet arrived, 



MOtTXTAlN BOY AND JANET. 



At 2:40 P.M. Wm. Schreiber's lemon and white pointer dog 

 Mountain Boy (Grouse— Nell), handled by Geo. T. Allen- 

 der, and the Califomia ICenners blue belton English setter 

 bitch Janet (Count Noble — Dashing Novice), h.iudled by 

 her owner Judge Chas. N, Post, were cast off in a heavy 

 cover of weeds and grass. Following an irrigating canal two 

 or three hundred yards vrithout finding birds, handlers were 

 ordered to work to^^■ards a fence on the left; after crossing 

 Boy going down wind flushed a small bevy. Allender shot 

 and killed, both dogs steady to shot; Boy ordei-ed to retrieve 

 flushed another; several Inrds now got up wild and crossed 

 back to the field just left; Boy finally retrieved his bird in 



food style. Following the direction the birds had gone 

 anet, easting ofE to left, wheeled and pointed in very pretty 

 style. Boy coming down wind refused to back, passed be- 

 tween her and the bird, swung around and drew up abreast 

 of Janet and pointed, when the bird flushed. Post shot and 

 mis.?ed, both dogs steady to shot, Janet moving on cau- 

 tiously, pinned another; 'Boy brought up, backed indifter- 

 eutly; bird flushed; Allender shot and missed. Moving on 

 a f ew jwds, Janet spotted another. Boy not up to back; 

 bird flushed; Allender .shot and killed ; Boy ordered to re- 

 trieve, went to where the bird fell, drew and pointed; mov- 

 ing on sprang and caught a winged bird which he retrieved 

 ahve; bird was killed and thrown out for Janet to retrieve; 

 after some delay in finding, bird was retrieved nicely. Mov- 

 ing on 50yds. Janet pointed again; bird flushed. Post shot 

 an,l missed. Moving on, Boy fl^ushed a siugle and dropped to 

 order. Post flushed a single shot and missed; Janet cast off 

 to right and flushed two birds, swinging around over same 

 ground and getting the wind pointed again; bird flushed 

 immediately; moving on Janet drew to a point, but dis- 

 covering her error, went on; Boy going down wind wheeled, 

 di'ew back a few feet and pointed m fine style; Janet ordered 

 up to back when birds flushed wdld; Allender shot and 

 missed; a single bird then got up in front of Allender which 

 he killed; Boy, to order, retrieved in good sljf/le; moving on 

 Boy drew to 'a point, discovered his error, and went on. 

 Considerable gi-ound was now drawn blank, dogs were 

 ordered up, and after 20 minutes consultation by judges, 

 were put down again. Moving on a few yards judges flushed 

 a single; going on a little further both dogs flushed; Boy 

 swinging around to left began drav.dng on game, but was 

 called off by Allender. Moving on Boy flushed a single; 

 Janet then repeated the same thing. Birds were running 

 and dogs unable to locate them; ordered up and heat 

 awarded to Janet. In style and ranging they were about 

 equal, in pace and quartering Janet had ranch the best of it. 

 The lateness of the houi' prevented the running of another 

 heat, and a general stampede was made for Hanford. 

 TUESDAY. 



The momine was cold and fi'osty but the genial rays of 

 the sun soon dissipated the frost ana ere long every vestige 

 of moisture that remained. The ground was reached by 9 

 o'clock and a bevy of birds having been located, the first 

 brace drawn were called. 



LASSIE AND DASHING MONET. 



At 9:55 William Schreiber's lemon and white pointer bitch 



Lassie (Grouse— Nell), handled by Geo. F. Allender. and J. 

 B. Martin's orange and white English setter dog Dashing 

 Money (Dashing Monarch— Armida), handled by Mr. Foster, 

 were put down m very heavy cover of rank weeds and grass. 

 Going forward, Foster flushed a bird, shot and killed. Dash- 

 ing Money broke shot but stopped to order. Dash was then 

 ordered to retrieve; while hunting for his bird he flushed 

 another which Allender shot and killed. Lassie was ordered 

 to retrieve the last bird which she did in good style. Dash 

 failed to flnd his bird which had been only wingeu. Moving 

 on Dash flushed another, then drawing a few feet further 

 pointed. Lassie was brought up and backed to order when 

 Dash moved on. No bird found. Going forward, Allender 

 flushed a single, shot and killed and Las.sie retrieved in good 

 style. Mo-i'ing on Dash roaded a bevy in fine stylo for 50 or 

 60 yards and pointed just as the birds rose. A few yards 

 further on Foster flushed a single, shot and killed, Dash 

 broke shot and retrieved, Lassie sweeping around to left 



Sointed just as the bird flushed, steady to wing. Moving on 

 lash pointed, Lassie brought up to back, did so indiilerently, 

 to order. Allender then nushecl a single, shot and killed, 

 Lassie retrieved well to order. Dash moving on pointed, 

 discovered his en'pr and went on, Dogs were then ordered 

 up and heat awarded to Lassie, down 30 minutes. Lassie 

 had the best of it all the waj through. Dashing Money 

 wa.s badly handicapped by his extreme cautiousness, re- 

 stricting his range to within a few yards of his handler, and 

 greatly reducing his pace. Both dogs have appeared in pre- 

 vious field trials and been thoroughly described and their 

 merits discussed. 



TOM PINCH AND ROTAL DUKE II. 

 At 10:30 A. M. J. G. Edwards's black, white and tan Eng- 

 lish setter dog Boyal Duke II. (Regent— Dolly), handled by 

 Ms owner, and J. Martin Barney's lemon and white pointer 

 dog Tom Pinch (Tom— Bculah), handled by Geo. T. Allen- 

 der, were put down where the last brace finished. Royal 

 Duke cut out the innning and kept his pace to the finish, 

 despite the great heat, which at times was rpiite oppressive, 

 but he ran without judgment and was often beyond the 

 hearing as well as the control of his handler. Though Tom 

 started at a rattling pace it soon became apparent that he 

 was not able to maintain it; his intiirest, as well as his energy 

 soon flagged and the claim that lie was out of condition was 

 too apparent to be que.stioned. Tom made a wide cast to the 

 right aud pointed, but discovered his eri'or and inoved on. 

 Considerable ground was uon^ drawn blank. Finally a por- 

 tion of a bevy was seen to flush some distance aheaa. Pro- 

 ceeding to the spot Allender flushed a single, shot and killed 

 and Tom retrieved after pointing the bird in good style. 

 Moring on Tom drew to a point, but no bird was found. 

 Royal Duke, casting ofi' to the right, pointed, but the bird 

 flushed immediately, Moving on some distance Tom drew 

 toapoiu^-. Duke, brought up to back, pointed before see- 

 ing the other dog, then inoved on and reiused to back. Al- 

 lender, ordered to flush, found no bird, l)ut a bird was sub- 

 sequently flushed within a few yards of where the point 

 was made, Dogs were now ordered up and talcen to waterj 

 some ;?00yd3. distant, returning after twenty minutes, were 

 put down again. Moving on to where a bird had been marked 

 down, dogs failed to locate it before it flushed. Allender 

 shot and killed and Tom retrieved nicely. Duke moving on 

 pointed. Tom brought up backed in good .style. Both dogs 

 then moved on, when a hare was seen to leave the spot where 

 the point was made. The hour of noon having arrived and 

 being convenient to water and shade, running was suspended 

 and lunch despatched. Crossing the canal and going about 

 two miles a l^evy of birds was found aud dogs put down, 

 Tom immediate! V drew t o a point. Birds flushed, both dogs 

 .steady. Moving on Duke pointed in fine style, Tom backing 

 grandly. Birds flushed. Edwards shot and missed, Duke 

 moving on down wind flashed a single. Edwards shot and 

 killed, and Duke retrieved handsomely. Tom, swinging 

 around to the right, drew to a point, but the Ijird, pressed 

 too closely, flushed. Several birds were then flushed in suc- 

 cession by both dogs, owing partly to the pxtrcme heat and 

 the fact that the birds were restless and would not lie to the 

 dogs. After some furtlier ineirectual effort to find with 

 about the same result the dogs were ordered up and the heat 

 awarded to Tom Pinch. Down one hour and nft;>'-five min- 

 utes. In pace and ranging Royal Duke excelled tne pointer; 

 in quartering, style, obedience and staunchness on point 

 Tom was far supeilor. 



Second S&ri6S. 

 Sweetheart hnviug the hfe and Janet having won the fii-st 

 heat in the last series, the two would have met m this heat 

 but for the fact that both dogs belonged and were handled 

 by the same party. .Sweetheai-t was therefore put down with 

 the winner of the second heat , I.iassle, 



SA\'EBTHEART AND LAt5aIE. 



At 3:2,5 p. M. the California Kennels' blue belton Lewellyxi 

 setter bitch Sweetheart (Count Nc.ble— Dashing Novice) 

 handled by Judge C. N. Post, and Lassie were put dowu. 

 where the last heat was finished. Sweetheart is a heauttfuL 

 bitch of medium size, very ffist and stylish in motion, mak^ 

 ing wide ca.•^ts and quartering her ground with great uni- 

 formitv, has an excellent nose and is game to the last. The 

 dogs were worked back and forth over the ground previously 

 gone over by the last brace. Sv,^eetheart casting to the righfc 

 dropped to a point. Lassie not up to back,, bird flushed but 

 not shot at, 'Heart steady to wing. The dogs were taken up, 

 and after proceeding about three miles Avere put down again 

 in some timber in much better cover than yet found. Mov- 

 ing on Lassie drew to a point, moved on, and cautiously feel- 

 ing for the scent, established a beautiful point on a single: 

 bird flushed some distance ahead. 'Heart going down wind 

 wheeled to a point but moved on, aud a little turther on 

 flushed a siugle, Lassie going down wind dreAV back on the 

 scent and pointed in fine style, 'Heart brought up backed 

 staunchly, bird flushed, not shot at, both dogs steady to 

 wing Moving on down wind 'Heart flushed a single, swing- 

 ing ^around to the wind dropped to a very staunch point. 

 Lassie brought up backed; Post flushed and killed; 'Heart 

 retrieved in good style. It was now quite late, ana the dogs 

 were ordered up and all returned to iianford. 



WEDNESDAY. 



The morning was cold and foggy, promising a better day 

 for the dogs, but by 10 o'clock the log had entirely disap- 

 peared and the sun shone out uncomfortably warm. At 

 10:25 Sweetheart and Lassie were put down m fairly good 

 cover to finish the heat of yesterday. A bevy of oirds had 

 been marked down, and moving on in the direction of their 

 flight Sweetheart dropped to a point. Lassie brought up, 

 backed, but flushed behind 'Heart. Post shot and missed. 

 Following on, a numbej' of bii-ds rose in front cf Allender, 

 who shot' and killed, and La.ssie retrieved well to order. 



steady to shot, Dogs were now ordered ujj aud heat awarded 

 to Sweetheart. Down two hoia« and thirty minutes. 



TOM pmCH .\ND JANET. 



At 11:30 Tom Pincb and Janet were put down where ther 

 last brace finished. Tom. moving on, immediately drew to 

 a point. Jauet coming up, refused to back. Allender 

 flushed, both dogs steud^s' to wing. Moving on, Tompomted, 

 No bird found. Allender claimed a bird flushed from the 

 point. Decision mthheld. Janet, swinging around to the 

 right, pointed. Tom. brought up, backed. No bird fouudr 

 Moving on, Tom pointed. Just then a bird flushed in front 

 of Post, who shot, and Tom's bird flushed before judges 

 could get up. A few yards further on Janet pointed a 

 single in beautiful style, Tom backed grandly. Post suot 



