118 



FOREST AND STREAM. 



[Aug.: 10, 1885. 



lake, where there was a good camping ground, and put 

 up a temporary shelter for the night. What a beautiful 

 spot I The lake on one side, the river rushing down at our 

 back, and a beautiful green sward stretching out at our 

 feet, an abundance of grand old trees, good wood and 

 good weather, made indeed an ideal camp. 



Next morning being Sunday, we did not do any bunt- 

 ing. After breakfast we paddled away up to the head of 

 the lake, some six miles or so, to visit McKay's lumber 

 camp. We found the men, as usual on Sundays, all half 

 asleep and taking things easy all round. Sabbath is there 

 truly a day of rest. They of course pressed us to stay and 

 have dinner with them, which we did. Life and grub in 

 a lumber camp are not just what they are cracked up to 

 be. Take, for instance, our dinner on Sunday. It con- 

 sisted of salt codfish, boiled potatoes and tea sweetened 

 with molasses. What grand fare for the woods! Their 

 bread certainly is very good, and several loaves which we 

 got from them proved a most welcome addition to our 

 stores. After dinner they got up a shooting match for 

 my benefit, and the excitement for a time waxed very 

 warm. I endeavored to keep out of it, but finally ha,d to 

 shoot. I had grave doubts as to my ability to plug a nail 

 at 40yds., especially with such a critical audience. For- 

 tune favors the brave, though, and my first shot fortu- 

 nately struck home, and I modestly declined to shoot 

 again. As I well knew, I could not expect another such 

 fluke. The following morning we returned to where we 

 had originally camped, started into some new country 

 and spent ten days partly exploring, partly hunting, and 

 principally enjoying ourselves. Perhaps at some future 

 time I may put on paper how we spent those days, the 

 ducks, partridges and rabbits we shot, the small animal 

 life we saw and the tantalizing glimpses we occasionally 

 got of moose and bear. 



Our time was up and the 1894 hunt was ended. We 

 can but look forward to another equally successful one in 

 1895, which, if all goes well, we will narrate for the bene- 

 fit of Forest and Stream readers. Tiam. 



Halifax, Nova Scotia. 



CHICAGO AND THE WEST. 



The Week's News. 

 Chicago, 111., Aug. 1.— The four prominent events in 

 the current week for the West are the death at Chicago 

 of the great jurist, author, naturalist and sportsman, 

 Hon. John Dean Caton; the preliminary victory of the 

 sportsmen in their suit against the Merritt cold storage 

 house at Kewanee; the progress of the "war" fake at 

 Jackson's Hole; the renewed attempt of a railway to get 

 a right of way into the National Park. 



The Death of Judge Caton. 



The death of Judge John Dean Caton was an event of 

 sad interest to a country wider than Chicago and its en- 

 virons. Illinois had no greater son, the nation no better. 

 Forest and Stream readers will welcome some mention 

 of the life and accomplishments of this distinguished, 

 venerable, honorable and honored man, who was great 

 in all things that he did. 



John Dean Caton. was born in 1812. He came to Chi- 

 cago from Oneida Co., N. Y., in 1833, far in advance of 

 the furthest Western railway. At the time of the great 

 Chicago fire he was nearly 60. At the time of his death 

 he was 83. He knew Chicago from the days when the 

 wildfowl swarmed where now great granite buildings 

 rise. A struggling young lawyer in the first years of his 

 citizenship in Chicago, 1833 to 1835 (he tried the first 

 jury case ever tried in Chicago), in 1842 he went to the 

 Supreme bench. For 22 years he was a member of the 

 Supreme Court, most of the time Chief Justice. Always 

 a man of affairs, he steadily engaged in great business 

 enterprises, accumulating large amounts of land and 

 great holdings in telegraph and other stocks. During 

 these years" he was more or less a sportsman, and one en- 

 joying to the utmost the great possibilities of this 

 region for sport. He was well acquainted with the 

 pine woods north of Chicago. His was one of the 

 early canoes on the once famous and now 

 nearly fotgotten Brule. Not more sportsman than natur- 

 alist, he loved as much as his own luxurious home the 

 well-stocked deer park at Ottawa, 111. Here he studied 

 and wrote about the Cervidoz as no other man has done. 

 In the late years of his life he was interested in the sub- 

 ject of the elephant, and at the time of his death had 

 nearly finished a treatise on the ivory-bearing elephants. 



Judge Caton used often to relate with much amusement 

 stories of his life in the primitive days of Illinois. In one 

 of his very first cases it was understood that a client was 

 hunting for a lawyer. Mr. Caton and his rival attorney 

 both wanted the client, but did not want to be unprofes- 

 sional. They were both poor, and had to eke out their 

 practice by carrying chain for a surveyor. They departed 

 for their day's work, one lawyer on each end of the chain, 

 agreeing that neither should urge his services on the client. 

 They were in the depths of an alder swamp when they 

 heard the client approaching through the grass and heavy 

 cover. He could not see either of them , and neither spoke 

 but Judge Caton dropped the chain pins together once or 

 twice, making a noise toward which the client steered, so 

 that Mr. Caton got him. He often laughed at this in later 

 years, as illustrating the methods of the early days. 



In those times the lawyers had to "ride circuit," and 

 Springfield, the home of Lincoln and other great men, was 

 much theix Mecca. The long journey from Chicago to 

 bpnngfield was done by stage road, and in winter it was a 

 hard experience. In the springtime, however, it was most 

 pleasant, and one can only read with interest the descrip- 

 tion of such a journey in the days when Illinois, Chicago 

 and her sons were all young together. 



"A four-in-hand, with splendid horses, the best Troy 

 coaches, good company, the exhilaration of great speed 

 over an elastic road, much of it a turf of grass, often 

 crushing under our wheels the most beautiful wild 

 flowers; every grove fragrant with blossoms, framed in 

 the richest green; our road not fenced in by narrow lanes 

 but with freedom to choose our route; here and there a 

 picturesque log cabin covered with vines; boys and girls 

 on their way to the log schools, and the lusty farmer dig- 

 ging his fortune out of the rich earth. Everything fresh 

 and new, full of young life and enthusiasm, these June 

 trips to Springfield would, I think, compare favorably 

 even with those we make to-day in a luxurious Pullman 

 car." 



The last time I saw Judge Caton in a business way was at 



his Chicago residence, in 1890. Even then he was show- 

 ing his weight of years, but the tremendous vitality natural 

 to him still animated his tremendously large and rugged 

 frame. He was then suffering from a weak foot, and his 

 eyes, which later failed him almost completely, troubled 

 him at that time so much that he complained he had to 

 have Forest and Stream read to him. He was working 

 then on an article which he said he would send to For- 

 est and Stream, and which I believe was sent. He 

 could no longer write much and worked by dictation. In 

 manners Judge Caton seemed dignified, but courteous 

 and easy. His was no pseudo-aristocracy. His conver- 

 sation was frank, pleasant and cheerful, and he was a 

 delightful man to interview. He told laughingly of his 

 last trip into the pine woods with his friend Mr. John 

 Stockton, and remarked that he always got wet, but was 

 never hurt by it. "If you ever get wet through," said 

 he, "be sure to dry your clothes upon you, and don't 

 change them at once for dry clothes. You are not so 

 apt to take cold if you dry out the wet clothes without 

 taking them off." 



Judge Caton was in his day a tireless sportsman, a fine 

 shot and a most observing student of things afield. His 

 "Antelope and Deer of America" would alone have as- 

 sured him recognition, and we believe that it was in 

 matters of sportsmanship and of natural history that he 

 took his chief pride and main enjoyment. 



In 1893 Judge Caton had an operation performed which 

 helped his eyesight a little, but be could not read any 

 longer. In 1891 a daughter died. In 1892 his much 

 beloved wife, companion of his days since 1835, left this 

 earth. The year after that Judge Caton had a stroke of 

 paralysis. Since then he has gradually and gently sunk 



Judge John D. Caton. 



away, until at 9:30 of Tuesday morning, July 30, the end 

 came, and he passed away, full of years and full of 

 honors, after a life replete with all that makes life most 

 desirable and admirable. 



Cold Storage Defeated. 



There is some more news from the contradictory and 

 complicated situation of game protection in Illinois, out 

 of which there may yet come some rather startling news 

 of one sort or another. The case brought against H. 

 Clay Merritt, proprietor of the notorious Kewanee freezer, 

 has been decided against the cold storage man and in 

 favor of the sportsmen of Illinois and of the country. Of 

 course, however, this is only the first round of the fight. 

 Defense appealed to the Circuit Court. If they lose there 

 the case will go to the Supreme Court, and it may be some 

 time before it reaches decision. The Supreme Court of 

 Illinois being on record in the Magner case, the sportsmen 

 should win at the last, errors and omissions excepted. It 

 is altogether sure that this case will not lag as did all the 

 earlier cases of the sportsmen against cold storage. The 

 case is very simple on its stipulations. Merritt admits 

 under oath and in court having such aDd such quantities 

 of game in possession. The contention is only whether 

 he can own for all the year as property the game he has 

 acquired. This is the great fight in which all the country 

 of sportsmeh is interested. No more important case has 

 come up in recent times. 



It was supposed that the justice suit would be the hard 

 place of the fight, as heretofore not even a warrant could 

 be obtained against Merritt, let alone a decision. Justice 

 Pyle, an old man, 60 years of age, is an old friend of 

 Merritt, but after sleeping on his decision opened court 

 next day and rendered for the State, telling Merritt it 

 was a hard decision for him to give, but that he thought 

 the law demanded it. 



The prosecution of this case was in the hands of F. S. 

 Baird, appointed from the law committee by the Illinois 

 Association, and Mr. Chas. K. Ladd, of Kewanee. State's 

 Attorney Emery C. Graves did not take charge in the 

 case, as erroneously reported elsewhere. Defense was 

 represented by attorneys Keep, of Chicago, and James K. 

 Blish. Mr. M. E. Bortree, president of the National Pro- 

 tective Association, assisted in the prosecution, he and 

 Mr. Baird being associated in the case from the first. 



In open court and under oath Mr. Merritt admitted he 

 had in possession 1,740 dozen quail, 120 pair redhead 

 ducks, 90 pair mallard ducks, 240 pair teal ducks, and 

 5,280 partridges, making a total number of 27,060 birds. 



There has been a great deal of ^misunderstanding and 



misrepresentation in regard to this case. The Sport- 

 ing journal of this city, recognized as the official 

 organ of the trade, this week states that Merritt was fined 

 $23,600. It has been stated that he could be fined as much 

 as $676,500, etc., etc. I sincerely trust he will be fined 

 the limit, but duty to truth compels the statement that he 

 was not fined at all. In this I think prosecution made a 

 mistake— which, however, can be and should be at once 

 rectified by another action, based on Merritt's own sworn 

 admissions; but Attorney Baird tells me the only case 

 brought was one to determine the ownership of the game. 

 The justice ruled the birds should be sold at lawful 

 auction in twenty-four hours. Defense took appeal and 

 replesined the property. The bond exacted by the jus- 

 tice was for $10,000. Nothing was done toward putting 

 the fine clause of the game statute in operation. Prior to 

 this suit Blow, the warden making the seizure, had made 

 two small seizures from this same freezer. These he 

 sold under the statute to J. Herr, of Chicago. The great 

 bulk of the game, therefore, now remains in the freezer 

 at Kewanee, and Merritt is responsible for it or its money 

 value. 



Thus do all things come around to Forest and Stream. 

 Last winter Mr. Blow and his organ were howling 

 against the wrong of persecuting cold storage men who 

 had legal property in game. They both thought the 

 proper caper was to go out in the field and protect it be- 

 fore it was killed — anywhere, everywhere, all over the 

 country. Mr. Blow thought he could do this. But now 

 Mr. Blow goes back entirely on this doctrine, fancies 

 there is more notoriety and more fees in going after the 

 cold storage people. He has had a change of heart. It 

 troubles his organ, the Sporting journal to stay with 

 him, but it also forgets its recorded position and hustles 

 into the new fine laid out by its pilot in protective mat- 

 ters. 



Forest and Stream has been right on these protective 

 matters all along, so it does not have to change its doc- 

 trine. It is very likely that to-day Forest and Stream is 

 the only paper having the facts of all the news in these 

 protective entanglements clear down to the bottom, and 

 if necessary it will in time print all this news clear down 

 to the bottom, hurt whom it may; only it will not make 

 any movement which it conceives to be injurious to the 

 cause of protection. 



From Warden Blow Forest and Stream would with- 

 hold no credit to which he is properly entitled. To him 

 belongs the honor of being the first warden ever to get 

 into a Kewanee freezer, and to start a case which, if suc- 

 cessful, can clean out later some or all of the Chicago 

 freezers, ten to one more Infamous than that at Kewanee. 

 But let it be suggested to Mr. Blow that he weary not in 

 well doing. The best thing he can do now is to bring 

 actions against Merritt and get him fined as much and as; 

 fast as he can. 



The Illinois Association has perhaps forgotten the treat- 

 ment it has received at the hands of Chas. Blow, Game- 

 Warden. For my part, I do not forget it, and am slow to. 

 think a man soon to be taken into council who has derided' 

 and defied that council. The suggestion may have little • 

 weight, yet I suggest that the Illinois State Sportsmen's 

 Association advise its attorneys to bring aetion under the 

 full statute against Merritt and have him fined, besides 

 taking away from him his game. This is the second 

 string and the proper string to the bow. This action can 

 be brought independently of Blow, and without using him 

 as a witness at all. Merritt has furnished the evidence 

 under oath himself. The case ia agreed. Now, if Merritt 

 has been doing an unlawful act, let there be no dangerous 

 compromises, but let him be punished for it under the 

 law, in all lawful ways, and that as speedily and severely 

 as possible, and in such way that the sportsmen of Illinois 

 can claim the credit for it, and so find themselves in posi- 

 tion to do still more practical and decisive fighting in the* 

 future. Let the Illinois Association be sure that the eyes; 

 of the country are more than ever upon it at this juncture. 

 I feel sure that the result will please the sportsmen of 

 America. 



Merritt testified that he got little game from Illinois,, 

 but that most of it came from Iowa, Nebraska, Kansas; 

 and Dakota. His business ia over for this season. At- 

 torney Baird says that if he attempts to start up it must 

 be under the care of a warden on the platform, who shall 

 open every express package coming in or going out. 



Sunday School and the "War." 

 A level-headed dispatch from Pocatello, Idaho, sums 

 up the situation on the Indian "war" fake about right 

 when it points out the fact that a Baptist Sunday-school 

 picnic of little Idaho children was in progress at the time, 

 the said picnic being held in the heart of the "hostile" 

 country. Still the "war" will stretch the legs of the 

 troops, and mayhap leave a little money in the hands of 

 the settlera, who have before now not been averse to 

 having Uncle Sam send troopa into a country far from a 

 market. If eventually the truth about illegal game kill- 

 ing by whites and Indians in the Jackson's Hole country 

 be brought to light, the cause of game protection will at 

 least not be injured, and that is about the only benefit 

 reasonably to be hoped out of all the hullabaloo — unless 

 we should remember the space-money the fake corre- 

 spondents have secured. 



Park Railroads Again. 



The old, old attempt to get a railroad into the Yellow- 

 stone Park is to be resumed, it seems. The information 

 in this comes by way of the daily dispatches from Omaha, 

 Neb., and reads: "Omaha, Neb., July 30. — It is the pur- 

 pose of the Burlington to ask CongresB for a right of way 

 through the Yellowstone Park, agreeing in consideration 

 of such right to keep up the track in a perfect manner and 

 to give all lines desiring to enter the park the use of the 

 Burlington tracks at a certain yearly rental to cover the 

 cost of the maintenance of the road, as will be required by 

 the Government, and to pay the interest on the investment, 

 with charges for wear and tear of the property. 



"It is confidently expected that one of the first bills 

 introduced in the next Congress will be a measure grant- 

 ing the Burlington a route through the nation's big 

 preserve, to be surrounded with all the restrictions the 

 unusual • prayer warrants. Once into the park it is 

 believed the Burlington will build into Montana and open 

 up to civilization a comparatively new country." 



New Game Country. 



News is current that a railroad is to be built across 

 Siberia, 5,000 miles in length. This should open up new 



