190 



FOREST AND STREAM. 



[March 27, 1890. 



A Grouse on the Ground.— Editor Forest and 

 Stream: I had marked the flight of a ruffed grouse 

 across a vale to a steep and well-wooded hillside, f 

 knew for a certainty the bird was there, and supposed 

 that if I should see him I would surely recognize him: 

 but the result proved that I could not. Following after, 

 I got on a small path that ran along the hillside about 

 midway up. I had gone but a short distance, when I 

 stopped for a rest. Happening to look on the ground 

 above the path, not over ^Oft. away, I saw something 

 that attracted my attention. Why I noticed it I cannot 

 say. I stood for some time trying to make it out. I 

 looked for a head, a tail, a body "or an outline, but could 

 distinguish none; neither could I make out any difference 

 in its color from the surrounding ground. A dry limb 

 about 3in. in diameter and 3 or 4ft. in length lay directly 

 across it. I finally concluded it was all imagination; 

 that there was nothing there, and moved on to seek the 

 grouse, when up went the object. It was indeed the 

 grouse, who lay thus perfectly flat upon the ground. 

 When he flew the limb across his back flew also quite a 

 distance. It was in fact the stick that had completed 

 the deception. Nettled at being thus outwitted I made 

 a hasty shot at him as he went, and had the satisfaction 

 of seeing him fall, but only winged; he ran down the 

 steep hillside and into a rabbit burrow. 1 pushed my 

 hand in and managed to drag him out; he struggled 

 desperately, but I finally bagged him.— Dorp. 



Gun Test Suggestion.— Editor Forest and Stream: 

 I am one of those cranks who are greatly interested in 

 pattern and penetration tests, and who, if not bankrupt 

 when the results are published in pamnhlet form, will 

 own a copy. But there is something I would like to see 

 done. I have not spoken of it before because I hoped 

 that somebody else felt as I do and would speak out. I 

 meet scores of people who tell me that a muzzleloading 

 shotgun can beat a breechloader, especially in penetration. 

 I don't believe it. I have owned high grade muzzleload- 

 ers, and never possessed anything in advance of a pretty 

 low grade breechloader, and with me the latter always 

 outshot the former. For years I shot an old shaky 12- 

 gauge full-choke breechloader against all comers with 

 muzzleloaders, and beat every time. I would like to see 

 one or two really fine muzzleloaders tested at the Forest 

 and Stream screens. Surely such arms are available, 

 and the value of such tests for purposes of comparison 

 would readily offset the extra trouble. If such plan is 

 not feasible, why "nuff sed," but I thought it would be no 

 harm to mention it.— L. I. Flower (McDonald's Point, 

 N. B., March 20). 



Newburyport, Mass.— The South End Gun Club, of 

 this place, was organized in the fall of 188S, starting 

 with fifteen members and occupying a room only 12ft. 

 square. It now occupies a large and comfortable build- 

 ing, handsomely furnished and decorated, and has a con- 

 stantly increasing membership. The officers are: Henry 

 Godfrey, President; C. W. Small, Vice-President; A. O. 

 Noyes, Secretary; J. MacDonald, Treasurer. The object 

 of the club is to secure the protection of game, dogs and 

 fish, also the encouragement of the citizens in their 

 efforts to increase the varieties and numbers of fish and 

 game in this vicinity, and the enforcement of all game 

 laws. The club is engaged at present in restocking this 

 section with quail, having received and distributed 180 and 

 are to receive 360 more. They are expecting some ruffed 

 grouse and California quail. They also intend to stock 

 the brooks with trout. During the spring, summer and 

 fall the club hold weekly shooting matches. They open 

 the season at their grounds on Fast Day, April 3. — Tilly. 



Death to the Chuck.— There has been introduced in 

 the Massachusetts Legislature a bill which provides that 

 "any person who shall kill or caused to be killed any 

 woodchuck or ground hog within the limits of this com- 

 monwealth, and shall under oath produce satisfactory 

 evidence thereof, together with the head of the wood- 

 chuck or ground hog killed, to the clerk of the city or 

 town within whose limits the woodchuck or ground hog 

 was killed, shall receive from the clerk of such city or 

 town a certificate thereof, stating the fact, and, upon 

 filing the said certificate with the city or town treasurer, 

 such person shall be paid out of the treasury of such city 

 or town the sum of 25 cents for each and every wood- 

 chuck or ground hog so killed." The bill if passed will 

 please the farmer and the farmer's boy, and may perhaps 

 lead to the formation of woodchuck preserves all over 

 Massachusetts. 



By the Roadside. — In returning from a day's hunt 

 last October a woodcock flipped across the road directly 

 in front of the horse and alighted upon the other side. It 

 was in a spot where there was no apparent inducement 

 for a cock to locate either from attraction of feed or 

 shelter; it was such a place as one might expect to see a 

 domestic fowl cross, and the action of the twittering 

 longbill was not unlike that of the barnyard pullet. 

 The team was stopped, the cock walked up, and one 

 more bird added to the day's bag. For a wary flight 

 bird, the proceeding was certainly unusual, to say noth- 

 ing of being stupid, for the hour was still some distance 

 from dusk. I have often known woodcock to fly across 

 the road from day shelter to night feeding grounds just 

 at dark, but never one to do so under such conditions as 

 did this October cock. — Featherweight (Manchester, 

 N. H.). 



To Protect Ontario Game.— A despatch to the Mon- 

 treal Gazette, dated Toronto, March 17, says: "In the 

 local Legislature to-day Mr. Balfour moved the second 

 reading of his bill for the protection of game and fur- 

 bearing animals. He explained that under the measure 

 it was intended to permit shooting of river duck from 

 Sept. 1 to May 1, and to prohibit shooting of marsh ducks 

 between Jan. 1 and Sept. 1. These fowls, he stated, were 

 being shot in great numbers in creeks, rivers and bays 

 on the Canadian side. Their law as at present consti- 

 tuted prevented Canadians doing this, while there was 

 nothing to prevent Americans, who came over in boats, 

 and were often abusive if interfered with. In conclud- 

 ing, he said the abuse referred to was particularly ob- 

 noxious along the St. Lawrence River. The bill was read 

 a second time." 



Montreal Game and Fish Protective Club.— A 

 meeting of this association was held here March IS, Mr. 

 Matthews in the chair. The meeting was opened by a 

 reference to the irresponsible conduct of certain Ameri- 

 cans, who travel over the waters of Lake St. Francis in 

 steam yachts and use swivel guns, destroying ducks bv 

 wholesale. The president, Mr. G. W. "Stephens, has 

 already written to Premier Mowat, of Ontario, in refer- 

 ence to the matter and explaining the difficulties under 

 which the game wardens of both provinces labored. On 

 motion of Mr. I. H. Stearns it was resolved that the club 

 heartily approve of any measure that would lead to con- 

 cm-rent legislation, and that the committee be instructed 

 to use all means in their power to reach this desirable 

 result. The secretary reported that since Jan. 26 he had 

 succeeded in obtaining seven convictions against offenders 

 against the game laws, each of whom were fined $5 and 

 §6.75 costs, and two more cases were now pending. There 

 was considerable discussion about the amendments of the 

 game laws of Quebec, which do not appear to be clearly 

 understood by any one. A law that met with the ap- 

 proval of all genuine sportsmen was on the books a 

 couple of years ago, wherein it was forbidden to take: 

 1. Caribou and deer between Jan. 1 and Oct. 1 in each 

 year. 2. Moose at any time until Oct. 1, 1890, after which 

 date the close season will be the same as for caribou and 

 deer. The law up to the present stands as follows: Sec. 

 1396. By this section, which may be cited as the Quebec 

 game laws, it is forbidden within this Province to hunt, 

 kill or take: 1. Deer, between Jan. 1 and Oct. 1 in each 

 year. 2. Moose and caribou return Feb. 1 and Sept. 1 in 

 each year. 3. It is forbidden to make use of dogs for 

 hunting, killing or taking moose, caribou or deer. All 

 sportsmen will be sorry if the amendment now proposed 

 passes. The law now forbids the use of dogs in running 

 deer, and the proposed amendment will do away with all 

 that and permit the use of dogs for a month. This is cer- 

 tainly a very backward step and it behooves this club to 

 watch the progress of events and prevent such legisla- 

 tion. By comparing the extracts from the statutes printed 

 above and the following, the true inwardness of the pro- 

 posed amendment will be appreciated. The Quebec Leg- 

 islation has had before it the following bill to amend the 

 Quebec game laws: 1. Article 1366 of the Revised Sta- 

 tutes of the Province of Quebec, as amended by the Act 

 52 Victoria, Chapter 19, is further amended, by striking 

 out the word "deer" at the end of paragraph 3 of the said 

 article, and by adding the following paragraph thereto: 

 "4. It is forbidden to make use of dogs for hunting, killing 

 or taking deer, except between Oct. 15 and Nov. 15 in 

 each year." 



Pennsylvania Protection.— In the cases of J. W. 

 Hague, Warden, vs. William and Sarah Wilkinson for 

 having twenty quail, and same vs. Noamie Sassara alias 

 Noamie Jones for having 115 quail illegally in their pos- 

 session, the Grand Jury returned true bills in all the 

 cases. The Wilkinson cases were on the list for trial, 

 but were not tried owing to so many jail cases and be- 

 cause of the license court. They all go over until the 

 June term, when they will be tried. The authorities 

 feel sure of conviction in all cases. The cases of the 

 restaurant keepers were settled by them paying the fine 

 and costs. 



Middlesex County Association.— Middletown. Conn., 

 March 17.— Editor Forest and Stream: The following 

 preamble and resolution was adopted unanimously by 

 the Middlesex County Association for the Protection of 

 Game and Fish : ~\¥)iereas, The Connecticut Association 

 of Farmers and Sportsmen for the Protection of Game 

 and Fish accomplished most effectively the object for 

 which the Middlesex County Association for the Protec- 

 tion of Game and Fish was organized, rendering its 

 active continuation unnecessary. Therefore, Resolved, 

 That in the opinion of this committee it is not advisable 

 to continue the active organization of this association. — 

 John C. Broatch, Secretary. 



Slaughtering the Robins.— Editor Forest and Stream: 

 The following note, taken from a paper published in In- 

 diana, shows something of the great destruction of birds 

 which has been going on this spring: "Robins continue 

 to congregate by the many thousands near Bradford, Ind., 

 and are slain in great numbers, people visiting the roosts 

 after nightfall provided with a lantern and a long pole, 

 and knocking them from their perches. The killing is 

 contrary to law, but it is continued without interference 

 on the part of the officials of Harrison county."— D. 



Pittston, P.— The Wyoming Valley Sportsman's Asso- 

 ciation has been organized here with these officers: Pres- 

 ident. E. B. Knight; Secretary, E. W. Campbell; Treas- 

 urer, E. H. Williamson. More than thirty members have 

 already joined, and the list will no doubt reach fifty in 

 all. The association has purchased a number of par- 

 tridges (quail), bringing them from Tennessee, and will 

 put them out in the spring. The members have secured 

 the arrest, conviction and fine of Wm. Hepler for killing 

 game out of season. 



An Ontario Genius wants to protect quail by forbid- 

 ding the use of dogs in their pursuit. He thinks that 

 perhaps it would not be necessary absolutely to forbid 

 the use of dogs, but that a license fee of $100 to be paid 

 by those who did shoot with dogs would narrow down 

 the sport sufficiently to preserve the game supply. 



Too Fly.— Dobbs— What do you think of those trout I 

 have paiDted for the exhibition, old man ? Studies of some 

 I caught last summer, you know. Scumble— I should say 

 they were not like the originals in one respect. Dobbs — How 

 so? Scumble— They don't look as though they'd go on the 

 line.— Puck. 



Forest and Stream, Box 2,832, N. Y. city, has deseriptive illus- 

 trated circulars of W. B. LeffingwelTs book, "Wild Fowl Shoot- 

 ing," which will he mailed free on request. The book Is pro- 

 nouDced by "Nanit," "Glean," "Dick Swiveller," "Sybillene" and 

 other competent authorities to be the best treatise on the subject 

 extant. 



The Most Popular Through Train in the Worud.— The 

 most popular through passenger train in the world is the No. 5, 

 on the New York Central and Hudson River Railroad. It leaves 

 New York for the West at 6:00 P. M. daily, and contains of from 

 twelve to sixteen magnificent Wagner vestibule sleepine oars, in 

 addition, to day coaches, dining, baggage, mail and express cars, 

 -J-dv, 



tn m\A §wqt fishing. 



RIPARIAN RIGHTS IN CANADA, 



Editor Forest and Stream: 



I have read with pleasure the letter of Mr. Henry 

 Wells in your issue of the 13th inst., under headir 

 "Canadian Fishing Leases," in reply to "Fisherman- 

 communication under same heading in issue of 7th in; 

 As I was either plaintiff or defendant and also couns 

 and attorney in the many suits brought in New Brut 

 wick for the establishing, or rather the recovery, of rij; 

 rian rights, the following items may not, I hope, be co 

 sidered out of order by your readers. 



A lease had been granted by the Minister of Marine ai 

 Fisheries of Canada of all the fishing rights on the upp 

 waters of the Southwest Miramichi extending down p& 

 and including certain waters owned by Judge Steadma 

 Mr. Hanson and myself. We claimed as riparian owne 

 the exclusive right of fishing in the waters opposite o 

 lands, and we persisted in exercising such rights, ai 

 were fishing our water when Robinson's guardians seiz. 

 Steadman's and Hanson's rods, and Robinson broug 

 suits in the Supreme Court of New Brunswick against ti 

 three of us for trespassing upon and fishing within t' 

 limits of his lease, and I brought suits against him f! 

 seizing their rods. In the suits against us we agre<. 

 upon a special case for decision of the court. The matfc 

 was argued and the court gave judgment against us, I 

 law was sustained and we were put in for damages ai 

 costs. We did not appeal from this judgment only I 

 cause we believed there had been some misunderstandii 

 on the points raised in argument; and as we had the cas 

 of Hanson and Steadman vs. Robinson for seizure of ti 

 rods still pending and ready for trial at the next assize 

 we determined to go to trial, and if judgment we* 

 against us we would then appeal. The trial was had ai 

 we got a verdict subject to the decision of the court abo 1 

 on the question reserved as to the validity of the leae 

 The Supreme Court then, after argument, sustained t! 

 verdict, declaring the lease void, and, in fact, reversii 

 their former judgment. No appeal was taken from the 

 judgments, but the Governor-General in council thi 

 made an order (under authority which they assumed w 

 given them by the Canadian Fisheries act) forbidding j 

 persons to fish on any of the non-tidal waters of Canai 

 without a license or permit from the Minister of Mari: 

 and Fisheries. 



Judge Steadman, Hanson and myself persisted in exe 

 cising our rights of fishing on our own water, irrespecti- 

 of any permit from any one. The fishing inspector fro 

 St. John (Venning), acting under orders from Ottaw 

 forbid our fishing, and with a large posse of constabl 

 and fishing guardians came upon our land where I wi 

 fishing for salmon and demanded my rod. On my d 

 clining to give it up he held a consultation with his leg 

 adviser (who was present on behalf of the Minister • 

 Marine and Fisheries), and then asked me if I meant : 

 say that I would resist him with violence. I replied th 

 I would resist with such violence as was necessary i 

 protect my own property. "Then," said he, presenting 

 revolver at my head, "I will use this." Of course thei 

 was no further resistance. I gave up the rod with ti ; 

 remark "that I would not endanger my life for the sal' 

 of my rod." He then seized Steadman's and Hanson' 

 rods. I then brought suit against him in the Supretr 

 Court of New Brunswick for assault, for Steadman, Hai 

 son and myself, and he prosecuted us for fishing withoi 

 a permit. These latter were before the police magistra' 

 and a justice of the peace at Fredericton, and were a 

 dismissed. In my own suit vs. Venning the jury ga\ 

 me a verdict of $511 and costs, which amount was pa: 

 without appeal. Steadman and Hanson's suits were n« 

 tried until the next assizes, before another judge and 

 different jury; they obtained verdicts for a considerab] 

 larger amount. 



On the trial of all these cases the question as to tl 

 authority of the Governor in council to make the abo> 

 mentioned order in council was reserved for the decisic 

 of the court in banc. On argument the court decide 

 that the order in council was ultra vives; and sustaine 

 the verdict in my own case, but ordered a new trial i 

 the other two cases unless plaintiffs would accept reduce 

 damages at a stated amount. This plaintiffs offered 1 

 accept but defendants would not pay. They paid mm 

 judgment but appealed to the Supreme Court of CanadI 

 in the others. On this appeal the judgment of the couiB 

 in New Brunswick was sustained, on the point of tlM 

 illegality of the order in council, but a new trial wM 

 ordered in Steadman's and Hanson's suits on payment < j 

 all costs including costs of appeal by the defendants, of 

 the ground that the Supreme Court of New BrunswicM 

 should have either confirmed the verdicts in toto (1 

 ordered a new trial, that they could not give the plaintif* 

 an alternative of accepting a reduced amount or subin j 

 to a new trial. After considerable demur and some moil 

 costs, defendants paid the amount with all costs whicB 

 plaintiffs had offered to accept after trial of my suit. ll 

 giving judgment on the appeals in these suits the Suprem* 

 Court of Canada declared that in all non-tidal rivers il 

 New Brunswick, where the land was ungranted, thl 

 Government of New Brunswick were riparian owner* 

 and held the exclusive right of fishing; and when sue* 

 lands had been granted the exclusive right was in th 

 grantee. So you will see the riparian rights were nc 

 recovered without some fighting; and that all possibl 

 phases of the subject have been argued before and de 

 cided upon by the highest courts in Canada; and suo< 

 decisions must be taken as final at least until reverse! 

 either on appeal to the Privy Council or by the Suprem 

 Court is reversing their former judgments. 



It was after the courts both in New Brunswick and s I 

 Ottawa had declared Robinson^s lease void, that h» 

 brought his suit in the Exchequer Court of Canada againsm 

 the Queen, for damages in granting him a lease beyon* 

 the authority of the Minister of Marine and Fisheries 

 which suit was appealed to the Supreme Court of Canada 

 and the judgement given as stated by Sir. Wells. Sec* 

 91 of the British North American Act is as follows; 



"Distribution of Legislative Powers. — It shall be law* 

 ful for the Queen by and with the advice and consent o j 

 the Senate and House of Commons, to make laws for th\ 

 peace, order and good government of Canada in relatioaj 

 to all matters not coming within the classes of the sub 

 jects by this aot assigned exclusively to the Legislature* 

 of the Provinces; and for greater certainty but not so a 



