Atro. 17, 1895.] 



FOREST AND STREAM. 



146 



me to get proof or in any way to help or assist in getting any proof of 

 any violation, or give to me the least help in any way to enforce the 

 laws or to protect the fish and game of the State; but I have good 

 reasons to believe that he has rather been working against us. 



A few years since Mr, Stilwell (as commissioner) sent mo uponatrip 

 into the northerly part of Penobscot and easterly part of Hancock 

 counties. This was in the winter. The nest summer I met a well- 

 known hunter, trapper and guide (whose name I will give if wanted), 

 who told me that he knew that I was about there at the time, as Manley 

 Hardy wrote him that I was in that vicinity and to be on his guard. 

 He also stated that if I had caught him, he would only had to call on 

 Hardy to get money to help him out ! 



At the time of Hardy's daughter's writing the series of "Six Years 

 tmder the Game Laws" (which I believe to have been dictated by him) 

 she made many statements that were, to say the least, misleading. I 

 corrected her, and gave her the proof that they were so ; but no cor- 

 rections were made in Forest and Stream that I could detect. 



As to the prosecution (or, as he would have it, persecution) of the 

 man for selling salted trout, he was and had been for some time before 

 selling them on the market Fquare in Bangor. He might have been a 

 peddler, but I have seen him for days at a time at his stand, both before 

 and after his arrest, but never saw him elsewhere to my knowledge. 

 The trout might have been, as he claimed, imported, but they were 

 exactly in appearance like trout taken in the lakes of Maine, and he 

 had no barrel or anything to show that they were not such. 



What I wanted to have decided war. if salted trout could be sold in 

 close time, whether native, legally caught, or imported, and so told 

 the man and he so understood it; and I requested Mr. Wentworth, if 

 the man had to pay a fine, that so much ot the fine as was coming to 

 me (one-half) be remitted; but the man has paid no fine or costs. 



You are at liberty to make such use of this as you deem proper. 

 Yours truly, 



E. G. Morse, Fish and Game Warden. 



Penobscot, ss.— June 29, 1S95. — Personally appeared the above-named 

 E. G. Morse and made oath that the statements by him herein made 

 are correct. Before me, 



Charles E. Drew, Justice of the Peace. 



To support his assertions that trout, or "togue," as he calls 

 them, were sold iu close time iu Augusta, he has brought for- 

 ward the following letter from Mr. R. G. Leonard, written 

 from memory and of which I need make no comments, and 

 an affidavit from his daughter, Mrs. Fanny Hardy Eckstorm; 



Passadumkeag, Me., May 16, 1895.— Mr 'Manley Hardy. Dear Sir; In 

 reply lo your ietter of the 15th inst., will say that I did write Mr. Stan- 

 ley about the togue on sale in Augusta that winter. He wrote me 

 that he knew of no arrests being made there for the illegal sale of 

 fish, and said that they were not caught in this State, but came from 

 Lake Ontario. Yours Truly, R. G. Leonahd. 



To this may be added the following affidavit: This certifies that I, 

 the undersigned, saw Commissioner Stanley's _ official reply to Mr. 

 Leonard's complaint above mentioned, and the same was seen and ex- 

 amined by others interested in game matters, also that the commis- 

 sioner's ietter admitted the justice of the complaint, stating that 

 lake trout had been sold in Augusta in close time as affirmed, but ex- 

 amination showed that the fish were taken in Lake Ontario; therefore 

 the matter had been dropped. 



This further certifies that at date the law absolutely forbade the 

 sale of lake trout in close time; that Mr. Stanley's colleague had 

 prosecuted the proprietors of the Bangor House, in Bangor, for serv- 

 ing on his table trout taken in a pond exempted by special law from 

 the usual close time, and that the supreme bench, to whom the case 

 was carried, decided that the law forbade selling in close time fish 

 taken legally— as may be seen by reference to the Maine law court de- 

 cisions, case of.the State vs. Flarius O. Beal— Maine Reports, Vol. 75, 

 page 289. Fancy Hardy Eckstorm. 



The fish mentioned above in State us.' F. O, Beal were 

 togue, taken from Tunk Pond, in which there was no close 

 time, and of another kind of fish from those mentioned by 

 Mrs. Eckstorm 



Mr. Hardy further says: "These statements prove that 

 Mr. Stanley either was ignorant of the laws relating to the 

 sale of togue (the italics are mine) at that season, or that 

 he knowingly allowed them to be violated with impunity. 

 Let us see if this is so." 



Mrs. Fanny Hardy Eckstorm says in her certificate: "This 

 further certifies that at that date the law absolutely forbade 

 the sale of lake trout in close time," 



The only thing necessary for me to say is, that neither at 

 that time, nor at any other, has there ever been any close 

 time on lake trout in Maine. 



I presume Mrs. Eckstorm not being familiar with the fish 

 and game laws of Maine caused her to make the mistake in 

 certifying to the close time on lake trout, for which I cheer- 

 fully excuse her. It can do me no harm, and I hope none 

 was intended. 



Notwithstanding Mr. Hardy's assertion to the contrary, I 

 here state the fish I saw were not togue, and were unlike 

 anything we have in Maine. I went with Mr. Thayer, of the 

 Augusta House, "who had had these fish on his table," to 

 the market where he bought them. The dealer took us to 

 his refrigerator and showed them to us, and said they came 

 from Lake Ontario, and were lake trout, which I have no 

 doubt they were, for which there is no close time in Maine, 

 or need of any. 



Mr. Hardy further says: "I do not deny that for years 

 trout have been in close time on the bill of fare at the 

 Augusta House, and that I, a commissioner, appointed and 

 sworn to see the game laws were not violated, had allowed 

 this to pass unrebuked." This sounds cranky; yet I cannot 

 believe he is tinctured with any blood of that'kind. Neither 

 do I wish to be understood as insinuating such. But can 

 he point out any lawmaking it my duty to interfere with 

 Mr. Thayer by saying what he shall and what he shall not 

 have on his bill of fare? There are no close times on 

 bills of fare or on lake trout in Maine. But I have said 

 enough about these Augusta trout. It is of no great impor- 

 tance what they were. They came from out the State. The 

 case recently decided by the full bench in the case of the 

 poor peddler, whom Mr. Hardy says we abused, decides they 

 were not contraband, even if they are what Mr. Hardy says 

 they are. 



Now as to the last question, "Mr. Stanley says, 'If Mr. 

 Hardy knows so much about the illegal shipping of deer 

 from Bangor why don't he inform the Commissioners, which 

 he has not done?' My answer to this is: that after trying in 

 vain to call the attention of wardens to it, finally at the 

 meeting of the Fish and Game Association in Bangor a year 

 ago last winter, when both Commissioners and many war- 

 dens were present, I not only made the statements of which 

 he here speaks, but stated on the authority of a member of 

 the Association that at least 200 deer had been sold to mar- 

 ketmen that season, and I gave proof that only about twenty 

 were skinned here, showing that only these were cut up to 

 sell in Bangor." 



My answer to this is: that he did make the assertion he 

 states, but that he did not offer to produce one iota of nroof 

 of illegal shipment, and never did to the Commissioners of 

 Fish and Game to my knowledge, nor ever gave them any 

 help to enforce the laws. Mr. Hardy further says: "I also 

 stated how the wardens pocketed fines belonging to the 

 State, and gave an instance of one who sold me over §100 

 worth of seized hides and who, Mr. Stilwell said, kept the 

 whole part of the proceeds belonging to the State; and I said 

 that the warden I referred to was then sitting in front of me 

 and I called on him to rise and deny it if he could. I ask 

 Mr. Stanley if that. is not being interested in game protec- 

 tion and informing the Commissioners?" 



I will say in reply: Mr. Hardy did tell the truth. The man 

 he speaks of did sit before him, but he was not a warden and 

 Iiad not been for some time, and for the very reason Mr. 

 Hardy speaks of we had refused to recommend his reappoint- 

 ment or to employ him. I have no doubt the man had 

 pocketed fines, but Mr. Hardy pi oduced no proof, or offered 

 to, that the man had done so, although I presume he may 

 have thought so by the telling of the seized hides, which the 

 man had a perfect right to if they were legally seized. They 

 were his. 



If Mr. Hardy knew they were illegally gained, it is an open 

 question whether he was not liable himself for buying them. 

 Mr, Hardy further says: "Or has he forgotten stating in the 

 store of S. L, Crosby before he left Bangor that nine-tenths 



of what I said was true?" No, I don't recollect anything of 

 the kind, but will say that as far as the charge against the 

 warden (who was not a warden at the time) was true, and 

 for that very reason was struck from the list and had not 

 been employed for some time. 



As for his assertions about deer being shipped from Bangor, 

 I believe in part to be true, but not to the extent he asserts. 

 Assertions are no proofs. 



I still say that Mr. Hardy has never produced a single case 

 or offered to— to my knowledge. If he has done so, he can 

 easily cite the case, and I will cheerfully retract my words 

 and ask Mr. Hardy's pardon. Assertions through the news- 

 papers should never be made unless you can back them up 

 with the evidence. 



There are several other assertions in his article of the same 

 ilk, but of little importance, which I shall not notice, as I 

 have not the time or inclination. 



In closing I will say I don't intend to have any more con- 

 troversy with Mr. Hardy through the newspapers, and will 

 say the worst I will accuse him of is his apparent ignorance 

 of the real interests of fish and game matters in Maine, and 

 some points in the fish and game laws with which he don't 

 appear to be familiar. Henry O. Stanley. 



Dixfield, July 15. 



Circular to Maine Wardens. 



Item L Wardens will serve under orders from or by vir- 

 tue of contract for service with the commissioner, and in 

 either case will be allowed $2 per day, including expenses, 

 unless different rates are agreed upon. Provided, however, 

 that when ordered long distances from their usual field of 

 labor, extra allowance will be made for necessary transpor- 

 tation. 



Item 2. Wardens, while on duty, will make weekly re- 

 ports in writing to the commissioners, stating location and 

 nature of work for each day covered by report, and also how 

 to communicate with them if desired. If not on postal 

 route, report must be sent as soon as such route is reached, 

 giving reason for delay. 



Item 3. All claims of wardens or others against inland 

 fisheries and game department must be in duplicate and 

 rendered to commissioners at end of each month. Blanks 

 for same will be furnished by commissioners upon applica- 

 tion. 



Item 4. Wardens will not employ aid, except in arrests 

 and service of criminal processes, without authority from 

 the commissioners, and when so employed must file voucher 

 with charge for same. 



Item 5. Wardens will make themselves familiar with 

 their duties as fire wardens; ascertain the names and ad- 

 dresses of owners and agents of wild lands, and promptly 

 notify them of any forest fire, beyond their control, on land 

 of such owners and agents; and for that purpose may use 

 telegraph and telephone at expense of ihe State. 



They will also ascertain origin of fire, and names of per- 

 sons and parties kindling the same. 



Item 6. Wardens will make no settlement, nor receive 

 any money in settlement for the violation of any fish and 

 game law, or any offense against the same. Offenders must 

 settle at court. Offenses are punished by fine, of greater or 

 less sum, or by imprisonment, or both, as court may deter- 

 mine. All fines for violation of fish and game laws, except 

 in local or special cases where the law otherwise provides, 

 belong to the county and not to the State as formerly. 



Item 7. In the services of all processes, civil or criminal, 

 wardens are entitled to regular officer's fees, to be paid by 

 the county or court to whom fines are paid, such as arrest, 

 travel, conveying and keeping prisoner, summoning wit- 

 nesses and travel for same, attending court, amount paid 

 for necessary aid in arresting, keeping and conveying pris- 

 oner. Fees for service of mittimus should be taxed thereon. 



Item 8. The law prohibits taking trout less than 5in. in 

 length, and sea salmon and landlocked salmon less than 9in. 

 in length. This law has been commonly violated. It is im- 

 portant that it should be understood and enforced. We can- 

 not have large fish if we destroy the small ones. Wardens 

 will give due attention to the enforcemant of this law. 



Iwrnh 



FIXTURES. 



BENCH 8HOW8. 



Sept. 9 to 13.— Industrial Exhibition Association's annual bench 

 show, Toronto, Ont. C. A. Stone, Sec T y and Sup't. 



Sept. 17 to 20.— Rhode Island State Fair Association's third annual 

 bench show, Narraganseit Park, Providence, R. I. 



Sept. 17 to 20.— Orange county Fair Bench Show, Newburgh, N. Y. 

 Robert Johnson, Sec'y. 



Sept. 17 to 20.— Montreal Kennel Association's show, Montreal, Can. 

 Geo. K. Lanigan, Hon Sec'y-Treas. 



fcept. 24 to 27.— New England Kennel Club's second annual terrier 

 show, Boston, Mass. D. E. Loveland, Sec'y. 



Oct, 8 to 11.— Danbury, Conn.— Danbury Agricultural Society. G. L. 

 Rundle, Sec'y. 



1896. 



Feb. 19 to 22.— Westminster Kennel Club's twentieth annual dog 

 show, Madison Square Garden, New York. James Mortimer, Supt. 



FIELD TRIALS. 



Sept. 2.— Continental Field Trials Cub's chicken trials at Morris 

 Man. P. T. Madison, Sec'y, Indianapolis, Ind. 



Sept. 10.— Morris, Man.— Manitoba F. T. C. John Wootton, Sec'y 

 Manitou. * ' 



Oct. 29.— Assonet Neck, Mass.— New England Field Trial Club's 

 fourth annual trials. Artnur R. Sharp, Sec'y, Taunton, Mass. 



— . Morris, Man.— Northwestern Field Trials Club's Champion Stake 

 Thos. Johnson, Sec'y, Winnipeg. 



Nov. 5.— Chatham, Ont.— International F. T. Club. W. B.Wells, SecV. 

 • Nov. 7.— Newton, N. C— U. S. Field Trial Club*s Trials A. W. B 

 Stafford, Sec'y, Trenton, Tenn. 



Nov. 11.— Hempstead, L. I.— National Beagle Club of America, fifth 

 annual trials. Geo. W. Rogers. Sec'y, 250 West Twenty-second street 

 New York. ' 



Nov. 18.— Eastern F. T. Club, at Newton, N. C. W. A. Coster, 

 Sec'y, Saratoga Springs, N. Y. 



Nov. K5.— Continental Field Trials Club's quail trials at Newton 

 P. T. Madison, Sec'y, Indianapolis, Ind. 



Dec. 2 to 4.— High Point, N. O— Irish Setter Club's trials. Geo. H. 

 Thompson, Sec'y. 



Toronto Show. 



Toronto.— Owing to a mistake on the entry forma of 

 the Industrial Exhibition Dog Show, Sept. 9 to 13, it 

 appears that the fee for registration or listing is 50 cents 

 each, when it should read that the registration fee is $1, 

 while that of listing is only 25 cents. I would call attention 

 to Canadian exhibitors that the Canadian classes are for 

 dogs owned in Canada, and who have never won a money 

 prize in Canada, United States or Europe at any recog- 

 nized show. These classes are made for the purpose of 

 allowing a large number of those who are desirous of 

 exhibiting, but know that they have no show against the 

 crack dogs of America. Classes for dogs and bitches will 

 be divided if there be five or more of either sex entered. 

 A puppy class for St. Bernards; rough or smooth coated, 

 will be added to the prize list of the Toronto Dog Show 

 Class 151 for dogs and bitches, fust prize, $10; second prize. 

 $5; third, diploma. C. A, Stone, Sec'y of Dog Show. 



English Setter Type. 



New York.— Editor- Forest and Stream: The remarks 

 of "Albert" in Forest and Stream of Aug. 10 contain 

 much that is wise and true. His reference to the sorti- 

 ness of cocker spaniels well illustrates how type can be 

 established by breeding to a standard which all agree to 

 and which all understand. 



The spaniel club judges, I think, are unanimous on the 

 matter of type, and there is a consistency in their judg- 

 ing which engenders confidence on the part of the public, 

 besides furnishing fixed lines for the guidance of breed- 

 ers. There are not the bewildering upheavals of all the 

 records which occur alternately when English setters are 

 judged at succeeding shows. To be of any value, there 

 must be an approach to consistency in the records. If 

 Towser gets first to-day and Rival gets vhc, the public 

 infers that Towser is a good deal better dog than Rival; 

 but if to-morrow Rival gets first and Towser vhc, the 

 public does not know anything worth knowing about 

 Towser and Rival. Judgments which are directly op- 

 posed to each other are worth nothing. If one is right, 

 the other must be wrong. Which one is wrong the pub- 

 lic cannot determine, but the public can get tired and 

 disgusted and can turn its back on the whole matter. 

 This constant reversal of decisions, one judge against an- 

 other, may be very good for a few breeders who have 

 breeds corresponding to the types of the two opposing 

 camps; for, knowing the type preferred by the judge, 

 they know when to show and when not to, and of course 

 throw their influence in favor of their favorite. This 

 serves more and more to make the opposing types dis- 

 tinct. The result is not, as one might suppose, two per- 

 manently distinct types, but a loss of all type. Breeders 

 get careless and trust more and more to luck. If they 

 breed carelessly, they may consider that if they miss one 

 type they may strike the other. There is nothing fixed 

 definitely as a standard. Guesswork or carelessness su- 

 persedes intelligence, enthusiasm and industrious effort. 

 Men who have a just pride in breeds which are true to a 

 recognized standard lose interest in those which are bred 

 carelessly and loosely to a shifting or double standard. 



As "Albert" says, English setters can be bred to a type 

 as cockers are. The same care and unanimity of action 

 applied to the setter would have results -of the same suc- 

 cessful and pleasing nature as those applied to the cocker. 

 There must be but one standard, and the judges must 

 judge by it. As long as there are two opposing camps, 

 even though they profess to use the same standard, the 

 English setter will lose type. Making standards to fit 

 dogs, instead of breeding dogs to fit standards, may be re- 

 munerative to a few for a short time, but in time it is 

 certain to end injuriously to the breed of setters and its 

 interests. 



I regret that I misunderstood "Albert's" remarks as to 

 judging at New York. He claims that the first four dogs 

 showed English setter type, and that leaves the inference 

 that the rest of the class did not. Surely a Better class at 

 New York should be of such high quality that all the dogs 

 in it would be of the same type. There would of course 

 be the little individual differences, perhaps so minute that 

 careful inspection would be necessary to detect them, 

 even if the type was uniform: but there is a possibility of 

 breeding to type so closely that all the individuals of a 

 breed may appear alike to the eye at first, and only by 

 the more careful comparison of details can the differences 

 be noted. The general effect is the impression of like- 

 ness. The unlikeness must be searched for. When there 

 is a uniformity of type, there is that quality so pleasing to 

 the eye and so gratifying to the breeder, that is, sortiness. 

 Such results can never come from haphazard breeding 

 and mixed or many standards. 



The matter is worthy of the serious consideration and 

 action of the setter breeders of America, if that beautiful 

 dog is to be kept up in the future to the high place he 

 held in the past. 



The differences are not confined to type entirely. The 

 sizes vary greatly, from the slender, weakly dog, of feeble 

 constitution and weak mind, and the little, runty, toy 

 setter, up to large, coarse dogs, or tall, thin, flat, lank 

 dogs, whose ancestry might be accredited to a dozen for- 

 eign sources were there not written evidence that the dog 

 is well bred, and in the face of such written evidence 

 good breeding must be conceded whether the dog is a 

 freak or a fine one. Breeder. 



Gordon Setters. 



New York.— Editor Forest and Stream: Please state 

 that exactly the same prizes will be paid at the Rhode 

 Island dog show, next month, in the Gordon setter classes 

 as to English and Irish setters. 



Last September the entries at the Providence show 

 were 48 English, 28 Irish and 88 Gordon setters, and im- 

 mediately upon reading their premium list, a few weeks 

 ago, in your paper, I wrote the secretary protesting 

 against any distinction in prizes against Gordons, and 

 stating that I would not exhibit myself, and hoped other 

 Gordon setter owners would refuse to exhibit, where our 

 dogs were not put upon an exact par with all other 

 setters. 



This remonstrance caused the increase nnted above. If 

 dog shows are really held for the improvement of all 

 dogs and profit is only incidental, I see no consistency in 

 inviting and entering a poorer exhibit by offering poorer 

 premiums, and as a Gordon man I resent any action that 

 places our setters below other kinds. I object to Gordon 

 setters (the handsomest of all dogs, bar none) being put 

 upon the same grade in the premium list with pugs, ter- 

 riers and bulldogs. And I own as many Irish setters, 

 winners in field trials and bench shows, as Gordons. 



Jamis B. Blossom, 

 President Gordon Setter Club of America. 



Cocker Spaniels. 



Oma h a, Neb,— Editor Forest and Stream: Through the 

 columns of the Forest and Stream I would be pleased to 

 hear if there ever has been bred a pure white cocker 

 spaniel. My solid black cocker bitch Reham Raven 

 Beauty (37,347, Kong Raven by Lady Fulton), whelped 

 seven puppies to King Raven (Champ. Black Duke by 

 Topsy S.), one red, five black and one pure white. I have 

 bred quite a number of thoroughbred cockers, and I wish 

 to say this white puppy has all the appearance of the 

 right sort, except the color. R, F. Maher. 



