July 20, 1895.] 



FOREST AND STREAM. 



68 



quiries come, brothers of the rod and reel. I will continue 

 to give to all who shall apply such information as I am 

 possessed of, and find pleasure in so doing. Among those 

 who have already given it a. trial I have formed some 

 most agreeable acquaintances, and am pleased to say not 

 all have gone away empty-handed. 



I paid a visit to Barnegat Bay recently and found the 

 prospects there most encouraging. Weakfish are already 

 there and are biting fairly well, although two weeks later 

 should find the conditions much improved. Fishing one 

 tide I took eleven, the heaviest 4£Lbs., also one 2§lbs. 

 bass. Bluefish have also made their appearance. I saw 

 two fine schools at least nine miles up from the inlet. Their 

 presence is easily accounted for. Dotted here and there 

 over the entire surface of the water was to be seen the 

 familiar ripple of schools of menhaden. I could easily 

 have taken some bluefish, but had nothing but light 

 tackle and improper bait. The wardens have cleared out 

 the illegal nets, and with these conditions continued 

 Barnegat will soon be restored to its old time supremacy. 



To some this may seem like prophecy, but I am in 

 position to know that that disgrace to civilization and 

 curse to the gill and drift net men, the "modern pound," in 

 its present condition will receive a set-back unanticipated , 

 and from a source unexpected which will restore to the 

 poor man some of the inalienable rights which the pound 

 men have vaunted in defense of their destructive methods 

 of taking fish, and which should have been promptly 

 suppressed long ago by the authorities of our State. 



Leonard Htjlit. 



Barnegat Bay, Forked River, N. Y., July 11.— They 

 are catching weakfish in Barnegat Bay now, from 40 to 

 60 to a boat. Fine striped bass are being caught and some 

 sheepshead; so there is good fishing. B. E. Eno. 



Susquehanna Pike Perch. 



Susquehanna, Pa.— Three years ago I wrote you that 

 I had received and planted in the Susquehanna River a 

 car load of pike perch fry. It was said to be the largest 

 plant ever made at one place. I am happy to tell you 

 that it was very successful. We are now having good 

 sport. Last week my brother took eight fish at one time, 

 weighing 181bs.; they run from lllbs. to 3lbs. It's a 

 wonder there are any black bass left. Last fall hundreds 

 were caught from 4 to 5in. long. There is no protection; 

 there ought to be a deputy here to look after the fishing 

 interest. Spearing goes on, and dynamiting as though 

 there were no laws in existence. If we could stop illegal 

 fishing some good sport could be had. I took bass last 

 year weighing 41bs. , small-mouth; I do not think there are 

 any large-mouth in the river at this point. 



O. H. Simmons. 



A Veteran Angler. 



Birch Haven, Blue Mt. Lake, Adirondacks, N. Y. — My 

 father, Mr. Rufus C. Allen, of Brooklyn, accompanied me 

 on a recent fishing trip and caught forty -five brook trout 

 in less than five hours. Besides these he caught several 

 that were returned to the stream as under size. To do 

 this he rode some miles in a boat and tramped about three 

 miles. He is seventy-eight years of age, but enjoys the 

 woods as thoroughly as ever. J. O. Allen. 



Vermont Trout. 



St. Jounsbury, Vt, , July 15.— Mr. Benjamin H. San- 

 born, of Boston, who recently erected a cottage at Greens- 

 boro Pond, caught the largest brook trout on record for 

 this particular body of water on July 6. It tipped the 

 scales at &Hbs. and was 28in. long. Greensboro Pond or 

 Caspian Lake is a beautiful trout pond of about 1,200 

 acres, Several trout weighing 4 to .5 Jibs, have been taken 

 there this season. Wheelook. 



OkobojiSand the Des Moines. 



A Fort Dodge, la., correspondent, "A. C. H.," reports, 

 upon his return from Okoboji Lake, a good time and 

 plenty of fish. The fishing in the Des Moines this year is 

 not as good as usual, owing to low water in the river for 

 the past year, as it has not been high enough to allow the 

 fish to get over the dams, and a fish way is an unknown 

 thing on the river. 



mm mid Mh^ §rohtrtion. 



Fish and Game Protection in New York. 



A paper read before the American Fisheries Society by Frank J 

 Amsden, president of the New York State Association for the Protec- 

 tion of Fish and Game. 



At this moment the game laws and their enforcement are 

 better than ever before. This is due to a very large extent 

 to the activity of the friends of the law and through their 

 organization. 



We ask, and we think that we are not unreasonable, that 

 all animals, birds and fish should be undisturbed in their 

 breeding season, and that they should be allowed to mature: 

 and that nets and unlawful devices should be prohibited, ex- 

 cept that nets may be used for food fish, under license and 

 regulations by the State Fish Commission. 



Prior to 1890 the game laws of this State were a mass of 

 patchwork, confusion beyond measure, susceptible of almost 

 any construction and feebly enforced. About this time Gen 

 R. U. Sherman, Robert Roosevelt and Edward J. Whittaker, 

 a committee, appointed by the Legislature, after a very thor- 

 ough investigation, submitted a bill of codified laws. It 

 was passed, but not until it was sadly mutilated for selfish 

 ends, or in the interests of the murderous element; but not- 

 withstanding all this, so superior was its superstructure 

 that it is to-day and will remain a standard not only for 

 this State, but for all other States, and a monument to its 

 builders. It repealed all the old and antiquated laws and 

 made a basis upon which much good has since been built up. 



But, gentlemen, no matter how good your laws may be, if 

 not respected and enforced they are useless. A public senti 

 ment in tbeir favor is absolutely necessary. How to secure 

 this is the problem. In this State we have, we think, found 

 a solution in organization. In 1890, after the work of the 

 Commission just mentioned had been accomplished, and 

 encouraged by a set of laws that were clear and comprehen- 

 sible, and by articles that appeared in the Forest AND 

 Stream signed "D. H. B." (Gen. Dwight H. Bruce, of Syra- 

 cuse), several hundred enthusiastic lovers of the rod and gun 

 assembled in Syracuse and proceeded to reorganize on a 



rotective basis the old State sportsmen's association, which 



ad declined into an annual trap-shooting tournament, 

 changing the name to New York State Association for the 



Protection of Forests, Pish and Game. Its subsequent meet- 

 ings have been largely attended and deep interest has been 

 shown for better protective, laws and their enforcement. 

 Local clubs or branches have been encouraged and formed 

 throughout the State. We feel our iucreaped strength and 

 realize a rapid changing of public sentiment— particularly so 

 whenever a local club is formed. Our iulluence Is now felt 

 at Albany as it was never felt before. We find that the Pish 

 Commissioners appreciate us and look to us and our work as 

 a great auxiliary to theirs. The protectors also regard us as 

 their friends and supporters. It encourages them to be more 

 active and enables them to secure more convictions than 

 formerly. I firmly believe that this is the true and best 

 method to pursue. The friends of fish and game must 

 organize and combine, if we would save the biros and fish. 

 It should be done all over the Union. It should be done 

 locally and then in combination for strength. The local club 

 can change public sentiment and control their representative, 

 and the general organization can then frame the laws as 

 desired and carry them through the Legislature. "In union 

 there is strength." This has been our experience. Results 

 have exceeded our expectations. We are very greatly en- 

 couraged. 



^ The past winter at Albany has been an active one. The 

 Senate Committee, who were instructed by the previous 

 Legislature to prepare a new game bill, have shown a very 

 deep interest in the subject, far more than any previous com- 

 mittee. They held a number of hearings in different parts 

 of the State during the summer of 1894, at which representa- 

 tives of this Association appeared and were received in a 

 very courteous manner. The bill which they presented was 

 in many ways a decided improvement on the existing law. 

 Many ambiguities and contradictions were removed. The 

 law was simplified and made clear. Seasons were not mate- 

 rially altered, except to make them uniform, which was one 

 of the main principles adopted at the beginning. In carry- 

 ing this out it was necessary to change the open season on 

 wildfowl, ducks, etc., so as to conform to the season on Long 

 Island. This is unfortunate, for our Association as a whole 

 desires to see spring shooting abolished everywhere, believ- 

 ing it all wrong; and that, if persisted in, it means the total 

 extinction of the species. But Long Island interests will not 

 yield, therefore shooters througbout the State became rest- 

 ive and demanded the same privilege; and they are right. It 

 was justice; and so the law was ;made uniform throughout 

 the State, making the open season to May 1. Our Canadian 

 friends complain bitterly and well they may, for their close 

 season on ducks begins Jan. 1. Much criticism is made on 

 the strictness of Canadian laws for both birds and fish. But 

 I believe that unless the people on this side of the border do 

 follow their example, the wisdom of the Canadians will be 

 very apparent, for they will have all the game, and if we 

 want any shooting and fishing we Americans will have to 

 pay them for it. 



I must not forget to mention the fact— and it certainly is 

 very gratifying— that our State Association law committee 

 was shown such confidence by the Senate Committee that 

 they were asked to assist in drawing up the bill that finally 

 passed the Senate in most complete and satisfactory form, 

 more nearly perfect than they expected to get it in a long time. 

 This was a great compliment and our Association appreciate 

 it, for it shows conclusively what we have gained by organ- 

 ization. 



I almost forgot to mention a new feature of the game law, 

 which is a provision to license under proper regulations pre- 

 scribed by the Commissioners the use of nets in some of our 

 inland waters. After our experience with Lake Ontario, a 

 body of water which has been exhausted by unrestricted net- 

 ting, many of our associates looked with disfavor on this in- 

 novation, fearing that the privileges granted would be 

 abused. As the provision was adopted on my suggestion I 

 sincerely hope that the plan will not prove unwise. Very 

 much will depend on the care taken in preparing and enforc- 

 ing the regulations. 



In many of our inland waters there are vast quantities of 

 desirable food fish— whitefish, frostfish, bullheads, etc. 

 These are not game fish and some of them cannot be taken 

 by hook and line. If netted they will afford an excellent 

 food fish for the people of the localities where found, and I 

 believe that this concession will remove much of the friction 

 now existing between these people and the friends of game 

 and fish protection. Possibly, too, the netting will prove of 

 advantage to the game fish by removing to some extent the 

 competition for food and the destruction of their spawn. 



As I have said, the bill left the Senate and went to the 

 Assembly in a form which we thought was about perfect. I 

 wish that I might stop here and say no more. But as a 

 citizen of New York— the pioneer State of fishculture and 

 game protection— I must confess my shame at the amend- 

 ments incorporated into the measure in the Assembly. 

 Slight changes were made in the general features • of the 

 bill, and this we consider fortunate, for we had grave appre- 

 hensions. But in some very surreptitious manner and at an 

 hour when it was impossible to correct it without endanger- 

 ing the entire bill, a section was incorporated, No. 249, the 

 effect of which is to foster and encourage crime— to put New 

 York in the position of a fence, a receiver of stolen goods. 

 This section will be a disgrace to our State as long as it 

 shall be tolerated on the statute books. It permits the sale 

 of game the entire year around. It says to the market- 

 shooter, "Go to our sister States, shoot their game in season 

 and out of season, invoice it and ship it to the old Empire 

 State and we will help you to dispose of your unlawfully 

 gotten plunder." And further, it says to those of the same 

 disposition as to our own State— and there are many of them 

 —"If you can get game out of season without being caught 

 by the protectors, box it up tight and mark it eggs or dried 

 apples, or by some other deceptive name; we will take care 

 of it, and when it has been mixed up with Pennsylvania or 

 Michigan game the difference cannot be told, for the invoice 

 of your fellow market-hunter of Pennsylvania or Michigan 

 will cover it all." 



Such a blot on our statute books must be wiped out at the 

 earliest moment. I shall not be content until it has been. 



The thought occurs to me that our sister States must re- 

 gard us with fine scorn and indignation for thus offering a 

 premium to their own law breakers for the paltry gain to be 

 won. It would be only reciprocity for these States to offer 

 the same premium to our own pot-hunters. 



But such backward steps must not discourage us. Keep 

 up the ranks and march in line. The victory is surely with 

 us. The fish, the birds and the game animals in their wild 

 condition belong to the people, and the public is now begin- 

 ning to recognize this fact and to demand the preservation 

 of its interests; and our law makers are beginning to hear 

 the demand, and they must give heed to it. 



Secretary Edward P. Doyle, of theNewYork Fish Com- 

 mission, in defense of the game laws spoke as follows: The 

 gentleman who has just read a paper has spoken of the 

 crowning iniquity of the game laws, and inasmuch as he 

 has spoken so very strong and been so severe in speaking of 

 it as a blot upon the statutes of the State, I think it is well 

 that I should tell what this law is that he construes as so 

 deadly and dangerous. 



The game, fish and poultry dealers of this city Mr. Amsden 

 characterizes as "pirates" and men in a disreputable busi- 

 ness, so to speak. There is an association composed of 

 prominent men of this city, men like Robbins of Fulton 

 Market, who has a large storage room. They formed th 

 association to get what were their rights and what they wer e 

 entitled to. They claim that large quantities of game wer e 

 killed west of Chicago and shipped to every city of th e 

 Lnited States except the city of New i r ork, but that thi« 



9 



great city of 1,500,000 people wan the only city where game 

 could not be sold (outside of New York State) that was 

 legally killed in other States. They sent a delegation to 

 Albany; first went to their attorney and he drew a bill which 

 was introduced by Assemblyman Wilkes, and it was reported 

 unanimously on by the committee and finally ordered to 

 a third reading, theu being passed by a fair representation of 

 the people of the State of New York, and that bill was 

 called to the attention of other people. Its adoption gives 

 too much latitude to the introduction of foreign game. The 

 chairman, who is just as much a protectionist here as any 

 member, called in Senator Guy, one of the active members of 

 the Senate, who is familiar with game laws, to modify the 

 Wilkes bill so that ample protection would be afforded to 

 game in the State of New York. Senator Guy modified the 

 bill so that game coming in must be killed 300 miles from 

 the State of New York. This would take in Chicago, provid- 

 ing the burden of proof was on the dealer that this game had 

 been legally killed and killed 300 miles from the State of 

 New York, whether north, west or south. The transporta- 

 tion companies should mark such game, giving the place it 

 came from, so mark invoices, also way bills, and enter in 

 books at office. It should be entered in books of dealers, and 

 they should permit fish commissioners to examine the books 

 at all times for the purpose of tracing game. This game is 

 killed, the larger part of it, west of Chicago. We have no 

 right to presume that laws are openly violated, nor say peo- 

 ple out there are poachers. We should presume that the 

 laws are enforced and think that this game is legally killed, 

 and the good sober sense of the members of this society will 

 accept this view. This society ought not to go on record as 

 having said that reputable dealers and reputable transporta- 

 tion companies are openly violating the laws and swearing to 

 false laws. Of course, as far as I am concerned, I belong to 

 that unfortunate class who are not able to have game on the 

 table. 



I do not wish the statement to go on record that this is a 

 blot upon the records of this Association and it ought to be 

 wiped out. If it was proposed to send me to the Senate, I 

 would fight very hard to prevent this "blot" being wiped 

 out. 



Mr. Amsden: Do I understand you to say that the Legis- 

 lature passed an act requiring that packages be properly 

 marked game, the place they come from and their destina- 

 tion? A. The provision was made by Senator Guy that 

 game should he marked when brought in. 



MR. AMSDEN: Mr. President, I do not want to get this 

 meeting into a discussion on this matter. I think it will be 

 well to let it rest. Before next winter, I am perfectly satis- 

 fied in my mind, this bill will be repealed. Mr. President, 

 you know what cold storage houses mean. You have 

 seen the result in the Great Lakes, and this is one of the 

 causes of the depletion of the lakes. How it will affect the 

 game in New York State is uncertain. I actually, know of 

 one hunter living just west of Monroe county who last year 

 acknowledged having shot 400 head of game birds and 

 shipped them to New York. Our inspector was on the 

 watch all the season and knew it, but we never got track of 

 it. The law prohibits the shipment of game from one county 

 to another. People can live without game, but I have boys, 

 and I want to see the coming generation have a little sport. 



The Donaldson Game Law. 



Editor Forest and Stream: 



The new game law for the State of New York is known as 

 Chapter 974 of the Laws of 1895, and it was introduced in the 

 State Legislature by Senator Donaldson, of the Eighteenth 

 District, who is, I believe, a candidate for re-election. 



To my mind, this act is the most iniquitous game and fish 

 law that was every worked through a State Legislature, and 

 how any body of men could have passed such an act is beyond 

 my comprehension. 



It needs careful study to fully appreciate its grave imposi- 

 tion on the true sportsmen of the State of New York, and the 

 true sportsmen of the State will do themselves great injus- 

 tice if they do not study it and if they do not resent it at the 

 polls. 



In the first place, it ought to be said in preparing an article 

 of this kind that there are two big associations in this State 

 representative of the true interestsof sportsmen, oneof them 

 being the Central New York Fish and Game Protective Asso- 

 ciation, of which W. S. Gavitt, of Lyons, is president, 

 and the other being the New York State Fish and Game Pro- 

 tective Association, of which F. J. Amsden, of Rochester, is 

 president. These associations . are composed of clubs of 

 sportsmen from all over the State, and sportsmen individu- 

 ally can join the associations by paying a yearly due of $1. 



Every year it has been the custom for these clubs to meet 

 in convention and formulate laws for the consideration of 

 the following session of the Legislature. 



These statements are necessary, in my judgment, that all 

 may know that there are laws which the true sportsmen 

 want and laws which they do not want. And the Legisla- 

 ture which meets to make these laws has the views of the two 

 associations placed before it by proper committees. 



The pin-headed legislator will say, "Oh, you sportsmen 

 are not united on anything you want, and some want one 

 thing and some want another." I deny this allegation in 

 toto. 



The State Association is always united and knows what it 

 wants, and it presents its wants to the Legislature in a fair, 

 comprehensive manner. It is a stunner, however, when the 

 sportsman asks the pin-headed legislator if he ever heard of 

 any other body of people being divided? Do all the people 

 think the same of capital punishment, of free passes for State 

 officers on railways, of teaching the young in our public 

 schools about the evil effects of alcohol? 



In a study of the Donaldson game law bill one hits upon 

 Section 49 as the first act of devilishness on the part of the 

 last Legislature in connection with the new game law. The 

 county of Wayne is made exempt from all the specifications 

 of law in regard to the killing of rabbits. 



In Wayne county— the only county in the State— there is 

 no law affecting rabbits. In Wayne county the rabbit is left 

 unprotected the year around. They can be hunted there 

 every day in the year, with ferrets too. That's a good joke, is 

 it not? 



Whether it mainly affects the rabbit or Wayne county let 

 the reader decide. 



But again, the rabbit can be killed in this State only be- 

 tween Sept. I and Dec. 1. December is the best month in the 

 year in which to hunt the rabbit, and about the only time 

 for tracking them in the snow, and also about the only time 

 the farmers' boys can hunt them, for it is not everyone who 

 can afford to own hounds and guns and the other parapher- 

 nalia of hunting rabbits. What do the farmers' boys say to 

 that game law? While rabbits can only be hunted from 

 Sept. 1 to Dec. 1, ducks can be hunted from Sept. 1 to May 1, 

 and from an hour before sunset to an hour afterward. 



Instead of trying to make the open and close season on 

 game as nearly uniform as possible, as the sportsmen have 

 always urged, the legislators have attempted to make it as 

 varied as they could. 



Woodcock and grouse shooting opens Aug. 16 and closes 

 Dec. 31. Take Section 79; who, do you imagine, ever asked 

 to have the closed season on meadowlark made perpetual? 



The most ravenous game butchers might ask for a tem- 

 porary inhibition, but even the most conservative sportsman 

 could give no reason why one ought to be prohibited froni 

 killing meadowlarks at any time of the year simply to help 

 out Long Island sportsmen. Did the Legislature at Albany 

 think it a good joke on the sportsmen of the State, except- 



