Deo. 1, 1895.J 



FOREST AND STREAM. 



496 



tion, as it might be the means of adding a magnificent 

 fish to the fly-takers in the waters of this State. 



W. L. Agnew. 



MORE ABOUT THE MARSTON TROUT. 



Editor Forest mid Stream: 



In the description of Salvelinus marstoni published in 

 Forest ajsd Stream of this date the printer made me say 

 the fish "pushes" at the fly with a rapid dart, when the 

 word should be "rushes," and thus convey a different 

 sense from that intended, at least to those who may not 

 have guessed at the proper meaning. Very likely the 

 manuscript was indistinct, and this may have accounted 

 too for "Eimouski" being spelled "Rimonski" throughout 

 the article. 



Only a few days after having mailed you the article in 

 question, I received by good luck a few more specimens 

 of this beautiful fish (taken of course by special permit). 

 Some of them reached me in most brilliant coloring, and 

 you may hear more of them, for I immediately expressed 

 three specimens each to Mr. A. N. Cheney, New York 

 State Fishculturist, and Professor Garman, of Cambridge, 

 Mass, One I skinned for purposes of future external 

 comparison, and another a young artist friend is endeavor- 

 ing to reproduce in water colors. He agrees with me that 

 it will be no easy matter to so mix colors as to produce 

 the particular shade upon the sides and belly of his brill- 

 iant model. When this fish reached me the reddish 

 shade of orange upon its sides had attained, near 

 the roots of the ventrals, to very nearly the brightness of 

 cardinal red. I much regret that the specimen I retained 

 for a table test was cleaned before I had an opportunity 

 of examining whether it contained spawn. I hope my 

 friends Messrs. Cheney and Garman will be more fortu- 

 nate in this respect, for at present there is little but guess- 

 work and conjecture respecting the spawning habits of 

 the Marston trout. Mr. Hurley, of this city, to whom 1 

 am indebted for my last specimens of the fish, believes 

 that in the waters they inhabit they are now making for 

 their spawning beds. If this be so, it is likely that Decem- 

 ber is nearer to their spawning season than either Janu- 

 ary or February. 



The flesh of the specimen that was cojked for me re- 

 tained a pale pink hue after coming upon the table, much 

 more pronounced than salmon. I cannot claim that it 

 was as firm as the flesh of some brook trout that I have 

 eaten, but this may be because of the time that it had 

 been out of its native element. E. T. D. Chambers. 



Quebec, Nov. 30. 



Alabama Gulf Fishing. 



Point Clear, Ala. , Nov. 25.— Fishing is simply grand 

 from Oct. 1 to February, for white trout, speckled trout, 

 redfish, croakers, ground mullet, sheepshead and Spanish 

 mackerel. Capt. Joe Rayfield, of Mobile, visits here about 

 once a month and spends a week fishing and hunting. 

 The last time he was here he bagged forty-four quail, 

 twenty teal ducks and three turkeys, and caught an im- 

 mense number of fish. T. S. B. 



$wn& mid <Jffeijr tjjtroktitian. 



New York Fish Commission. 



The finances and records of the former New York Fish 

 Commission are in a mixed condition, which Messrs. Lyman, 

 Bahcock and Davis, as a special committee of the new Com- 

 mission, have been endeavoring to untangle. We give be- 

 low the report made on Nov, 26. It is reported that Commis- 

 sioner Thompson has resigned. At a meeting of the old 

 Commission, called by Secretary Doyle at Albany on last 

 Monday, $1,500 was handed over to the Comptroller, making 

 $3,500 m all paid by Secretary Doyle on the old accounts. 

 The report reads: 



This Commission organized April 25, 1895, electing Edward 

 P. Doyle, who had been secretary of the Fish Commission, 

 which we succeeded, as secretary. The books of record, 

 account books, vouchers and official correspondence of the 

 old Fish Commission were at 53 Broadway, New York, and 

 in the custody of Mr. Doyle as secretary, excepting a portion 

 of the papers which related to game protectors' business. 



The Forest Commission, which we also succeeded by the 

 Consolidation Act, known as Chapter 395, Laws of 1895, had 

 its office in the Capitol, and upon our organization this Com- 

 mission occupied its old quarters. Its secretary, before re- 

 tiring, delivered its books and other property, together with 

 complete files and duplicate vouchers, check books, stubs, 

 official papers and correspondence. 



Upon the organization of this Commission we. adopted 

 rules for its government and divided the work of the Com- 

 mission among five committees, assigning to each of the five 

 Commissioners the immediate responsibility of looking after 

 the details of the business of his department. As is well 

 known to this board, it must be made the duty of this com- 

 mittee, in addition to the duties of auditing accounts and 

 the special care of the finances of the Commission, to 

 examine and check all books and accounts, and report the 

 result of such examination to the board as often as once a 

 month. 



The outgoing Commissions made no statement or formal 

 transfer of funds or property on hand, an omission which 

 was perhaps as much our fault as theirs, as good business 

 principles and common sense require that we should have 

 demanded this formal transfer and an exhibit of the assets 

 and liabilities of the boards, which, by the Consolidation 

 Act, we were to succeed as legal representatives, before 

 attempting to go on with the business, which, among other 

 things, required, as we now have found, the settlement and 

 liquidation of thousands of dollars of debts owing by our 

 predecessors, and the collection and adjustment of thousands 

 of dollars due the State from various sources, but princi- 

 pally on account of fines and penalties and judgments there- 

 for, and on account of sales and leases of oyster franchises. 



The only excuse your committee has to offer for failing to 

 make this demand for an early accounting and delivery of 

 property and funds is that this Commission had retained in 

 its service the chief executive officer of the Forest Commis- 

 sion and the secretary and engineer of the Fish and Game 

 Commission, who was also its disbursing officer and ac- 

 countant and manager; also the chief game protector and 

 his clerk, besides having upon this board two members, one 

 each from the Consolidated Commissions. 



The secretary on May 20 made to us and entered on our 

 minutes the following reports, viz,: "The secretary in- 

 formed the Commihsion that the Comptroller had paid the 

 pay roll of the old Commission, and that the secretary had 

 paid personally all outstanding accounts of the late Fish 

 and Forest Commission." 



This statement we very soon found to be a mistake, by 

 the scores of bills and claims which were presented for pay- 

 ment, some running back as far as 1890. Your committee 

 then began a thorough examination of the office and found 



that they had no books of accounts, vouchers, canceled 

 checks or stubs of the late Fish and Game Commission. In- 

 quiry developed the fact that all books and papers relating 

 to financial transactions, as well as all official correspond- 

 dence, were kept at S3 Broadway, New York, which had 

 had been used as a branch office. Requests were made for 

 their production, but same was ignored, and thereupon, 

 June 7, the following resolution, offered by Commissioner 

 Babcock of this committee, was adopted, viz.: 



Brsolved, That all the books, papers aud receipts pertain- 

 ing to the Commission in the New York office be removed to 

 this office and turned over to the auditing and pay clerk at 

 once within ten days, 



Within a few days a box containing some old books, dupli- 

 cate hatchery accounts, letters, obsolete blanks and other 

 papers, many of which did not relate to the public business, 

 was received, but found not to include the account books 

 and fines and penalties, oyster franchises and general expense 

 or any of the accounts or duplicate vouchers needed to euable 

 us to liquidate claims against the Fish Commission or col- 

 lect outstanding accounts due this Commission. 



The most serious difficulties were met with in the depart- 

 ment of fines and penalties, where hundreds of people, in- - 

 eluding justices, protectors, peace officers, lawyers, printers 

 and others, were interested in moieties of recoveries which 

 could only intelligently be adjusted from the accounts con- 

 tained in the books and papers withheld, aud can only be 

 paid from the funds collected from fines and judgments re- 

 covered for violation of the game laws. We had no official 

 knowledge of the serious condition of things until personal 

 complaints began coming to members of the committee. A 

 personal request for the books and vouchers met with no 

 better success than the written direction of the Commission 

 and the existence of the missing books and vouchers was 

 denied. 



In October, with the consent and by the courtesy of the 

 honorable Comptroller, we employed an expert accountant 

 to go to his office and make copies of all vouchers paid within 

 the last fiscal year, and get such memorandum from his 

 books and files as would enable us to make up our accounts 

 for settlement with claimants, and for the purpose of ascer- 

 taining how much our funds had been impaired, and to en- 

 able us to make the financial report to the coming Legisla- 

 ture required by law. 



This gentleman has already made his preliminary report 

 to this board, dated Oct. 8, which showed that several thou- 

 sand dollars of advances made, which was applicable to and 

 supposed to have been used in liquidation of the indebted- 

 ness of this Commission, had not been so applied, and that 

 several thousand dollars iu vouchers returned had not been 

 credited up because of imperfections therein or a misunder- 

 standing of the particular appropriations to which charge- 

 able. 



These discrepancies are being adjusted and balances col- 

 lected, and later on the expert will make a supplementary 

 report. 



The late secretary resigned July 9, and soon after, by reso- 

 lution of this board, a letter was addressed to each of the 

 ex-Fish Commissioners respectfully asking them for such in- 

 formation as they possessed in reference to the missing books 

 and documents. Information was promptly received from 

 ex-Commissioners Bowman and Huntington stating that the 

 books and duplicate vouchers were left by them in the New 

 York office, and volunteering to go with your committee and 

 examine the office and confer with the late secretary as to 

 what had become of the same. 



We met Nov. 11 at the former branch office as agreed upon, 

 and succeeded in finding there a quantity of duplicate 

 vouchers, which we placed in a box for shipment to Albany. 

 We also found several hundred official letters of this Com- 

 mission which had been mailed to, or at least brought up in, 

 the office at 53 Broadway, and had never been seen by this 

 Commission. Many of them were of the nature of complaints 

 as to the negligence of this board as to unpaid overdue bills, 

 in some instances imputing to us dishonesty and crooked- 

 ness, and others containing matters of more or less impor- 

 tance, which should have been considered and answered. 

 These were also packed up for shipment to this office. It 

 may be asked how our official correspondence was thus mis- 

 sent. The explanation is simple. 



First. — The old Commission had their branch office there, 

 and nearly all their business was transacted through their 

 secretary and general manager for many years. Again, this 

 Commission allowed its letter heads, vouchers, envelopes, ap- 

 plications for fry, etc., to be printed and go broadcast with 

 the statement that 53 Broadway was a branch office still, 

 thereby misleading the public and sending much of our cor- 

 respondence there, especially that pertaining to bills which 

 had been contracted there, as the public had been educated 

 to look to the secretary personally for. their pay. Upon in- 

 quiry we were told by Commissioner Thompson that the 

 account books which we were looking for had been sent to 

 the Comptroller's office, as he had been informed by Mr. 

 Doyle on the previous day. 



Communicating with the Comptroller's office, this was 

 found not to be so. Mr. Leslie furnished us with an extract 

 from the general account book, which he had made, showing 

 the franchise account. We requested an inventory of the 

 public property of the men in and about the office, but were 

 informed that they could not give it to us without the con- # 

 sent of Mr. Doyle, who had personally employed them. 

 When asked if he had not received notice that his services 

 were dispensed with by this Commission, Mr. Wyeth said he 

 had not, and said that there was due him $474, beyond some 

 advances, the amount of which he declined to state without 

 Mr. Doyle's consent. Mr. Leslie informed us that Doyle had 

 charge of the correspondence, and that at times there would 

 be as many as 200 letters awaiting his coming to be opened. 



Your committee on the following day called at the office 

 and met Mr. Doyle and requested the delivery of the books 

 and documents. He told us we could not have the books 

 and vouchers, as they were the property of the old Commis- 

 sion, which, counsel had informed him, was legally dead, 

 and that this Commission had no jurisdiction or control of 

 its official books or papers; that' he had sent the oyster 

 franchise account book, which also contained miscellaneous 

 expenses and some other accounts, to Mr. Huntington, upon 

 Mr. Thompson's orders, and the fines and penalties books to 

 Mr. Bowman, and the duplicate vouchers to the Comptroller's 

 office. When informed that the matter, so far as your com- 

 mittee was concerned, was ended, except to refer it to the 

 Attorney-General's office or other proper authority, he re- 

 considered and agreed to produce the books at Albany the 

 next day, which he did, at the same time informing the 

 chairman of the committee that he had been a regular em- 

 ployee of the Commission since July 9, under an agreement 

 with Commissioner Thompson that he should take the entire 

 charge and management of the Shell- Fish Department at a 

 salary of S100 per month, but had not claimed any pay so 

 far. 



A casual inspection of the fines and penalties account 

 showed a shortage, as admitted by Mr. Doyle, of $1,195, for 

 which he gave a check to the chairman of the executive 

 committee, subject to a re examination and further adjust- 

 ment of the accounts, which, with $356 before returned, as 

 per report of the chairman of the executive committee, Nov. 

 7, makes $1,551 repaid upon this account. 



Your committee deem it their duty also to report that the 

 books known as the shell-fish accounts and records are very 

 incomplete They also indicate there has been a neglect to 

 collect moneys due, and unless better methods are at once 

 adopted this Commission will have difficulty in making a 

 proper detailed statement ot its receipts from that source, 

 and the State will be a loser thereby. 



The maps of the whole oyster territory sold and leased by 

 the State are none of them on file in the office of the Secre- 

 tary of State or Comptroller. To produce these maps "has 

 taken years of time and cost the State thousands of dollars, 

 and, together with the field books and other important data, 

 showing title to and location of the hundreds of irregular 

 parcels of land sold or leased by the State, should be on file 

 in the office of the Secretary of State, and become public 

 records in fact as well as in theory. As it now is, they are 

 subject to loss or destruction. Iu this connection we desire 

 to say that, in our opinion, the legitimate surveying and 

 mapping of these grounds chargeable to the State should be 

 done by and under the direction of the State Engineer and 

 at the expense of that department, and that the advertising 

 for the application of leases should be at the expense of the 

 purchaser. 



There has been an expense incurred by this Commission 

 since April 25 of about $2,500 in advertising applications to 

 lease lots for oyster cultivation, and nearly or quite as much 

 more in various kinds of engineering and other expenses 

 connected therewith. 



The lots are in parcels from one-half acre to eight or ten 

 acres. There is no real competitive bidding, all sales for 

 good, bad and indifferent lands being for 25 cents au acre, 

 the minimum price allowed by law. It is claimed that the 

 theory is to give the preseut occupant a better title and in- 

 sure him quiet and peaceable possession. It would seem, if 

 this is the only end to be served, that it could be done by act 

 of the Legislature at much less expense to the State and 

 less annoyance and uncertainty to the occupant and owners 

 of the equities therein. Be that as it may, the funds of this 

 Commission will not admit of further wholesale depletion in 

 this direction unless we close some of our hatcheries and 

 withdraw a large part of our protectors from the forests. It 

 is expected that when the shortages found by our expert 

 have beeu returned to the Comptroller and the Commission it 

 will help the condition of our finances somewhat, unless the 

 Comptroller holds that moneys so returned must be credited 

 to the general State fund. We find that several judgments 

 for costs have been entered against the State and certified to 

 us for payment because of indifference of attorneys in charge 

 growing out of the neglect to answer their communications 

 or settle their bills, and many others are threatening to let 

 cases go by default if no attention is paid to their claims for 

 services and disbursements heretofore made. 



These complications become very serious for this Com- 

 mission, especially in view of the fact, as reported by this 

 committee at your last meeting, that of the $92,750.82 appro- 

 priated May 10, 1895, for the maintenance and work of the 

 Commission for the fiscal year ending Oct. 31, 1895, we had, 

 outside of funds specially appropriated for the purchase of 

 lands, but $34,019.31 left Oct. 31, about one-fifth of which is 

 required at once to liquidate debts incurred by ourselves, 

 without considering the obligations contacted by our pre- 

 decessors. We believe that this board should decide at once 

 whether they will, from the funds on hand, pay any more 

 accounts of the old Commission, and if they conclude not to 

 do so, inform every creditor of the fact, and why they cannot 

 settle their claim, and when they might reasonably expect 

 relief. 



And further, that measures should be taken at once to re- 

 duce expenses by cutting down the number of our employees 

 and general retrenchment to meet the exigency. Otherwise 

 we will have no funds left to hatch and distribute or protect 

 forest and game. 



We may add that a casual inspection of the oyster fran 

 chise book shows a discrepancy on the face of it of about 

 -$1,200. The late secretary admitted that he expected that 

 account to be found short, but as yet all books and data for 

 checking the account are in New York. Our expert 

 accountant reports informally that he finds that duplicate 

 vouchers have been used to considerable extent in settle- 

 ments of shortages, which, as your committee thinks, ex- 

 plains the determined effort to keep all vouchers from the 

 possession or inspection of this board. 



"That reminds me." 



AN IMPARTIAL FEMALE. 



Yaas, sir, my wite Keturah, in one pertie'lar way, 



Is an abserlute fernomenon in this here present day. 



She's an imparshul female, without no prejudice, 



An 1 always hollers for fair play, and gives the best advice 



To both sides in a quarry, in her imparshul style; 



And sez, "Jist let the best man whip, after an honest tryle !" 



Now, a woman like that thar, sir, as wimmen folks do go, 



Is about as common in this world as is a milk white crow. 



Set down by that thar hemlock log, down by the runway thar, 

 An' I'll tell ye a short tale about Ketury an' a b'ar. 

 Me an' Ketury, late last fall, was coming home one night, 

 Down the trail to our old shanty (it was jast about twilight), 

 Ketury knittin' as sfle walked and singin' Sankey's hymns, 

 An' me a-goin' on in front an' holdin' back the limbs, 

 When jest by the old berry patch upriz a big he b'ar, 

 Showin' his teeth, ez if to say, "Jest tetch me i£ you dar'!" 

 I hadn't got no rifle, nor nothin' but my knife, 

 So thort I'd gin the b'ar the road, and lead a Christian life. 

 - But Ketury— waal, she up an' sez, "Now, Peter Jones 1" says she, 

 "Ef you're the style of hunter I've hearn you claim to be, 

 You'll sorter draw your toothpick, an' show that sassy brute 

 You're somethin' on the bowie knife ez well ez on the shoot." 

 So I perdooced my weppin, an' breathin' a short pra'ar, 

 I wrapped my coat erbout my arm an' started fer that b'ar. 

 I found I'd met my ekils, an' p'raps a leetle more, 

 'Twas slash an' stab, an' cussin an' chew, an' growl an' roar! 

 Ketury she sot on a log a-knittin' calm an' slow, 

 Quite easy an' Imparshul like, umpirin' that thar show, 

 An' every singil word she said was perfflck fa'r an' squar'. 

 Sometimes 'twas "Go it, hubby!" an' sometimes "Go it, b'ar!" 

 At last my foot ketched on a root, au' down I cum, kerflop 1 

 The b'ar he fell on top of me, an' sorter had the drop. 

 So I hollera out. "Ketury! my preshus angil pec, 

 Git a pole an' whack the b'ar, or else yer husband '11 be etl" 

 Then she spoke up so scornful, "No, Peter, 'tain't my style 

 To take a mean advantage of a pore dumb annimilel" 



Them nobil words inspired me; I gin a savage thrust, 



The knife it found the heart an' the b'ar he bit che dust. 



Now, but for that thar savage thrust the b'ar, with rav'nin' fury, 



Would most assuredly have et fust me an' then Ketury. 



But that consideration couldn't move her in the ieast 



To play the least unfair like on a pore dumb strugglin' baast. 



But what I liked most, stranger, and thort so kinder nice, 



Was her imparshul conduck, so free from prejudice. 



But hark I I know the meanin' of them thar baying saunds, 



Thar's a deer a-comin' toward us, in front of our two hounds. 



Jump right behind that birch tree, an' keep as still as mice, 



An' you'll git a daisy shot, if you roller my advice. 



Reginald Gourlay. 



