Oct. 23, 1890.] 



FOREST AND STREAM. 



269 



r Talk about the "Jersey," why he isn't to he mentioned in 

 I the same breath as his North Carolina cousin. To say 



■ that they were as thick as bees does them an injustice. 

 I They actually covered us from head to foot, and would 

 I insert their venomous bills into our clothing with as much 

 lease as an ox would his horns into a bay stack; there was 

 Ino'let up with them, and had it not been for a stiff breeze 

 I which sprung up after we had been out for perhaps an 

 I hour, I don't think there was a man in the party who 

 I would have remained on the grounds for a minute longer 



■ than was absolutely necessary. 



However, upon reaching the grounds previously se- 

 l leoted by friend W., who had "been there" before, and 

 ■■was considered an "old timer" in the business, although 

 I young in years, good sport was predicted, and W. im- 

 I mediately proceeded to locate us at what he considered 



■ good stations about 300yds. apart. After placing out our 



■ decoys, as very little snipe shooting is done in that local- 

 lifcy without them, each one was ready for the fun, and 

 ■fun it was too. I had scarely time to return to the station 

 I after giving the finishing touch to the last decoy, before 

 I the birds began to make their appearance. There were 



■ scores of them, the yellow-shanks being in the majority, 

 laud three hours' almo.st continuous shooting was the re- 

 Isult. By this time the birds became wary and somewhat 



scattered, and consequently we concluded to give them 

 a rest. Upon counting the killed we found we had a 

 total of 415. the smallest number, 65, being bagged by 

 niyeelf. As honest confession is good for the soul, I will 

 not say that it was owing to my poor marksmanship that 

 I came out at the tail end of the list, but must attribute 

 the cause to a severe headache, which began to assert 

 itself by the time I had knocked down fifteen or twenty 

 birds, and the more I shot the worse my head would 

 ache. I must not forget to say that H. got the second 

 best bag, 120, and that the "old timer," W., took the 

 cake, bagging 150. 



Having gathered up the birds we started for the house, 

 and upon our arrival there awaited us a tempting break- 

 cast of which we at once partook. This over, my com- 

 panions amused themselves in various ways, while I, 

 having thrown myself on a couch, endeavored to get rid 

 of the aforesaid headache which still affected me in a mild 

 form. My efforts were not fruitless. I felt entirely re- 

 lieved when 1 arose, and so expressed myself, and when 

 tsked if I wished to resume the sport, of course replied 

 n the affirmative. Everything being in readiness, it did 

 aot take us long to repair to the hunting ground, and, as 

 •die decoys had not been disturbed after the first shooting, 

 we were soon banging away again at a rapid rate. 



I had hardly seated myself on an old leather cushion 

 left at the station by H., who had previously occupied it, 

 before two large jack-plovers flew past in good shooting 

 distance. I succeeded in bagging one, but the other con- 

 tinued on the wing after a clear miss. The rest of the 

 boys were soon at their posts, and for a short time the 

 Shooting was excellent, over 200 birds falling victims, 

 principally gray-backs, which we considered superior to 

 the others in point of flavor and condition. In some 

 instances they were so fat that upon striking terra firma 

 in their fall from wing the flesh on their breasts would 

 split wide open. On collecting the spoils the wagon was 

 hailed, and in a few minutes we were again at the house. 

 Thus ended the first morning's sport, and the next ques- 

 tion to agitate us was, what to do with the game. 



As will be observed, more than 600 birds had been killed, 

 and to dispose of them to good advantage, the weather 

 being warm, was no small matter. However, after some 

 little discussion, all concluded that they should be shipped 

 to Norfolk for distribution among our friends. To accom- 

 plish this end, it was necessary to first freeze them in a 

 arge chest prepared for the purpose, and then pack in a 

 barrel which was provided with an ice tank, placing 

 myrtle leaves between the layers of birds. This done, the 

 barrel was lifted into a pony cart, and not many minutes 

 elapsed before it was aboard one of the small steamers 

 which ply up and clown the Chesapeake and Albemarle 

 Canal, bound for Norfolk. 



In the afternoon my companions again started for the 

 marshes in good spirits, being encouraged by former sue- 

 oess. I had concluded to remain at the house, thinking it 

 more than likely that my headache would return should 

 I again resume shooting that day. The time seemed to 

 pass rapidly, and it was not long before I heard the voices 

 of the returning sportsmen. They came back in the same 

 good humor in which they left, notwithstanding a small 

 bag of game, about 150 birds, and at once began to make 

 excuses for their failure to "bring to grass" the usual 

 number of birds. H. displayed a swollen jaw, the result 

 of frequent shocks from his gun, and W. attributed his 

 small score to the wariness and high flight of the birds. 



This ended the first day's shooting. At 10 o'clock all 

 retired, and by daybght preparations were under way 

 for another trip to the hunting grounds. In an hour's 

 time we were off, and after shooting for nearly two hours 

 at some scattered birds we concluded that we had had 

 enough, at least for the time being, and returned to head- 

 quarters. A half hour later we were all sitting around 

 the breakfast table, making chaos of the good things, 

 especially the ever-favorite dish of snipe. Breakfast 

 over, friends W. and T. , who were residents of Norfolk, 

 said they would start for home in the afternoon, and 

 after some little talk H. and myself concluded to do like- 

 wise. The results of the two last shootings were soon 

 packed in a box with cracked ice and myrtle branches, 

 and it was not long before we were under way. At 10 

 o'clock Wednesday morning we landed in Washington, 

 none the worse for the wear. 



The grounds over which we hunted was the property 

 of the Currituck Inlet Club, of which H. is a member, 

 and nearly, if not all the land in the vicinity of Cur- 

 rituck, is posted and controlled by various clubs, some of 

 them representing considerable wealth. W. E. V. 



Washington, D. C. 



Cylinder vs. Choke. — Editor Forest and Stream: I 

 know it is standing face to the gale, but I stand there all 

 the same. This rage for close choked guns is not in the 

 superlative degree sensible. For cover shooting — not at 

 the trap — give me the old cylinder bore, or pretty close to 

 it. As for trap-shooting, that is another matter. But 

 why should a tulerably fair shot, whose work is confined 

 to brush and stubbie, concentrate all his load into what is 

 practically a bullet after it leaves the gun? "With my 

 cylinder bore I notice that I get as much game as the 

 OAQkebores.— Fooy. 



CHICAGO AND THE WEST. 



CHICAGO, 111., Oct. 15— To-day I got a note from Col. 

 E. S. Bond, the well-known South Water street 

 commission man, who sells about as much game as any- 

 body on the street, in all probability. In response I 

 called, and we passed the time of day. 



"I see by last week's Forest and Stream that you 

 don't like that article on 'Law-breaking Game Eaters' 

 that appeared in the Herald latelv. Now, my dear sir, 

 do you kuow what I wanted to see you for? I wanted to 

 ask you how many times this year you have broken the 

 Indiana law by bringing game out of that State?" 

 "Not once, this year," said I, "but last year"— 

 "That's it. You maybe didn't know it was unlawful. 

 Now, my friend, do you know who wrote that article in the 

 Hcraldr 



" Well, Colonel," said I, "judging from the South Water 

 street twang it had, and the way it went for the sports- 

 men, I should think a man about the size of Col. Bond 

 was not far off about the time that article was written." 



The Colonel looked a little wise at this. 



"Now, here," be said, "is a letter that you may want to 

 read, aud here is my answer to it. That will show you 

 just what I think about the game laws of some of our 

 States. Show both sides of the case if you are fair. You 

 say agitation is good." 



Following are the letters: 



Grand Rapids, Mich., Oct. 9.— Bond & Whitcomb, 201 South 

 Wat er Street, Chicago, 111.— Gentlemen: A circular sent to your 

 trade bag come into iny possession wherein you say that the de- 

 cision of the U. S. Supreme Court upholds in the original package 

 case a principle which destroys tho right of a State to regulate 

 the manner in which game shall be killed and shipments made 

 thereof out of the State. If this is your opinion, will you consent 

 to make a test case of The matter. If so. please advise me without 

 delay, otherwise I shall take steps to enforce our law against you. 

 — Respectfully Wji. At^dbn Smith. 



Chicago, 111., Oct. 14.— Wm. APlen Smith, Esq , Game Warden 

 of the State of Michigan, Grand Rapids, Mich.— Dear Sir: Your 

 favor of the 9th inst. is at hand. Your proposition to make a test 

 case as to that section of your game law prohibiting shipments 

 out of the State is respectfully declined, as I have no money to 

 waste on such a case. The point in question has been passed 

 upon by courts of two or more States. Kansas had such a section 

 in the game laws of that State, which was held by the Supreme 

 Court of the State as unconstitutional on the ground that the 

 Legislature had no right to Interfere with commerce between 

 States. Judge Field, of the Circuit Court of Lake county, In- 

 diana, iu the case against F. A. Howe and the late Judge Knicker- 

 bocker, charged with transporting game contrary to law out of 

 that State, held that the law was unconstitutional for the same 

 reason. 



The Supreme Court of Minnesota in the dressed beef case held 

 that the law prohibiting the sale of beef unless first inspected on 

 hoof was not constitutional, as it prohibited the importation of 

 dressed meats from other States in violation of the inter-State 

 commerce section of the Constitution of the United States. Hence, 

 if unlawful to prohibit imports of food it would be unlawful to 

 prohibit exports of the same. The Supreme Court of your own 

 State, in the case against O'NeU.in recognizing the property right 

 in game, virtually wiped out the non-export clause in the game 

 laws of your State, and held that game acquired in the open sea- 

 son could be held and sold every day in Ike year. The court de- 

 cided that a thing once lawful never became unlawful by lapse of 

 time, and adds that this is a well settled principle of law. 



Justice McCreary of the U. S. District Com t of Iowa in the Gran- 

 ger cases held that transportation from one State to another was 

 inter-State commerce, over which the Legislature had no control, 

 and that this power belonged exclusively to Congress. The de- 

 cision of the Supreme Court of the United States in the original 

 package case is well known and re-affirms the decision of the lower 

 courts covering the point in question. The only adverse decision 

 covering the point is a late decision of the Supreme Court of 

 Illinois holding that, game was not property, and that transporta- 

 tion could be prohibited inside or outside the State. Able lawyers 

 hold that this is mere dictum and not good law. 



In the face of all these decisions you will see that it would be a 

 waste of money to make a test case, especially in the face of the 

 decision of the Supreme Court of your own State in the U'Neil 

 case. 



In your letter you misquote my circular, as it did not say that I 

 dem'ed the right of a. State to regulate the niauner in which game 

 shall be killed, as the State Legislature has that right, and it is 

 admitted by me. You will find that I will give my earnest sup- 

 port to all game laws protecting game for food. The Legislatures 

 of nearly all the States wisely prohibit prize fights, cock fighting, 

 dog fighting and other cruel sports. Thekilliugof harmless birds 

 or animals for sport should be prohibited by law, and the whole 

 ohject of game protection should be to preserve it for food. The 

 killing of birds or animals for sport develops the vicious and 

 brutalinstincts in human nature and blunts the finer sensibili- 

 ties. Our country roads and boulevards afford good opportunities 

 for our sportsmen to take all the exercise they need without the 

 incentive to kill harmless birds or animals. 



In conclusion I wish to say that I regard the decision of the Su- 

 preme Court of your own State in the O'Neil case as a just and 

 lair one and founded on a sound common sense view of the ques- 

 tion before them. I regret I cannot say the same thing of the 

 decision of the Supreme Court of Illinois in the Effingham case 

 above referred to. Yours respectfully, 



E. S. Bond, of Bond & Whitcomb. 



The latter letter covers two or three well-known points; 

 for instance, it is known generally that no Indiana con- 

 stable will arrest a shooter for taking game out of the State. 

 The Michigan decision is also known. It is very probable, 

 however, that so far as the Illinois decision is concerned, 

 the Effingham case will be found to be a "dictum" that 

 will stick. It would seem that Col. Bond has offered the 

 gage of war to the Michigan warden. The result is not 

 determined. 



Such is the game dealer's side of it. The letter ex- 

 presses the genuine views of its writer, except the part 

 where Col. Bond says he will support all the laws pro- 

 tecting game for food, and righteously declaims against 

 the naughty sportsman who kills game for sport. That is 

 pretty funny, and Col. Bond knows it is funny. He likes 

 to shoot as well as anybody, but he always takes pleasure 

 in having a whack at the sportsman in game law matters. 

 For instance, he told me that he and his fr'end John 

 Watson had just got back from a week's trip to Dunning, 

 Nebraska, where the two guns got about 25 prairie 

 chickens a day, just for food, you know; and would have 

 gotten more, if the Colonel's favorite dog which he kept 

 so that he could go out and get a little food with it, once 

 in a while, had not recently died. They also went out 

 after deer, but failed to get any food of that sort, as some 

 hounds had run the deer out of that section. Col. Bond, 

 Col. Bond! estimable and jolly soul as you are, tell us, 

 which of ye twain, the game dealer or the sportsman, is 

 entitled to wear the jewel of consistency? 



But here was a good place to get some shooting news. 

 My friend the Colonel told me that the hot dry winds 

 that ruined the crops of western Nebraska also killed 

 many chickens, as there were not even any dew at night 

 during the hot season. The failure of crops would cause 

 a great many settlers to fall to shooting for the market 

 for a living. He had sent out to one party, who would 

 shoot for the market in Nebraska this fall, a bill of am- 

 munition that amounted to $187. Think what that will 

 do. Then ask yourself once more whether it is the sport- 

 man or the market shooter who kills off the game. All 

 the shooters of Chicago will hardly shoot $187 worth of 

 ammunition at actual game during the whole season. 



"Once the center of the pinnated grouse region was in 



southern Kansas," said Col. Bond, "' but they seem ex- 

 tinct there now. Then it was northwestern Iowa, till 

 that got played out, then it was southwestern Minnesota, 

 then Dakota. Now it is in northwestern Nebraska, west 

 of the North Loup country. We get most of our chickens 

 from there now. From the w T ay the preparations are 

 being made to shoot them systematically there, I think 

 this year and next will clean them pretty much all up 

 there, and that ends it. There won't be any more 

 chicken center then. I've seen the game center move 

 1,000 miles in my time. 



"I believe about the best place for ducks now is at the 

 lakes about forty miles north of Dunning, Nebraska, but 

 there is no road to get there on. 



"We are now getting a great many fine mallards from 

 northwestern Nebraska, away out beyond the Loups. 

 Both the. Loups have plenty of water this season, though 

 the Platte hasn't. I lately got in 387 line mallards from 

 Minnesota, south of Crookston, on the Manitoba road, 

 and not far from Ada, in Noreman county. There are 

 lots of mallards in there. Dakota is all dried up. We 

 have also got in this fall enormous shipments of Wilson's 

 snipe, robin snipe, yellowleg plover, etc, from the 

 country around Big Stone Lake and Lake Traverse, in 

 Minnesota. There is where most of our snipe come 

 from. 



"Partridges and venison have been very scarce this 

 fall. We have not sold a dozen saddles all this season. 

 The deer are being cleaned out of Wisconsin. From 

 stations where we used to get a thousand saddles or car- 

 casses in a season, we now will not get over ten or twelve 

 saddles, if we do that. 



"Do you know who cleaned out most of the deer in 

 Wisconsin? It was an outfit called W. S. Hale & Bro. 

 They hunted for the market on a grand scale. They had 

 dozens of hounds, and they hired all the Indians they 

 could get and put them on the runways to shoot for 

 them. They made a regular business of killing deer, and 

 in three years, while they were around Crivitz, now Ellis 

 Junction, they shipped out over 3,000 deer from that one 

 station. I have not heard much from this outfit for the 

 past four or five years." 



Is there not enough in this to sicken any lover of sport 

 or of humanity? Is there not enough to make even 

 apathetic sportsmen resolve to see to it that better and 

 more sensible laws are enacted and enforced? Is it not 

 plain to be seen how inoperative and worthless are laws 

 and a system under which the game has disappeared from 

 this great country almost in a day? 



Oct. 16— To-day is the day that was set for the trial of 

 the two game law cases, the State vs. Henry A. Sloane 

 and State vs. J. B. Brosseau, the charge, being unlawful 

 exposure for sale of pinnated grouse before the date of 

 Oct. X. The main prosecuting witness is M. B. Bortree, 

 the attorney for prosecution F. S. Baird. Suit was brought 

 Sept. 25. To-day a continuance was had till Friday, to- 

 morrow, 10 A.M., which makes the third continuance. 

 It is a question whether issue will be really joined to- 

 morrow. 



.The history of these cases is peculiar, and attests once 

 more the manifold beauties of the Illinois game law T and 

 the manifold sorts of wisdom of its exponent, the honor- 

 able Mr. Brusewitz, by the grace of Gov. Fifer, game 

 warden for the county of Cook. The honorable Mr. 

 Brusewitz has again opened his mouth and put his foot 

 in it. It is a way he has. The honorable Mr. Brusewitz 

 knew that the open season for killing prairie chickens 

 began Sept. 15, He did not know that the legal season 

 for selling them began Oct. 1, and not Sept. 15, he not 

 being posted on our nice law. Accordingly, about Sept. 

 14. Mr. Brusewitz officially appeared on "South Water 

 street — it is about the only time ne ever did appear there 

 — and notified every game dealer on the street, and most 

 of the restaurants also, that they could now sell all the 

 prairie chickens they wanted to, as "the season was now- 

 open." Naive Mr. Brusewitz! 



The defendants in this case were among other dealers 

 who took advantage of Mr, Brusewitz's indulgence and 

 hung out chickens for sale. Henry Sloan was out of 

 town at the time, but his clerks exposed the birds for sale. 

 Mr. Bortree, it is understood, would just as soon be game 

 warden as not. Mr. Baird was once in the Legislature, 

 and was promoter of what is known as the "old game 

 law." Perhaps Mr. Baird would not be averse to goirig 

 to the L?gislature again. Mr. Baird is one of the Board 

 of Directors of the Fox Biver Fish and Game Association, 

 whose good work in fish matters has so often been men- 

 tioned in these columns. The Fox River Association in 

 the main knows and cares most for fish protection. Game 

 protection is only a wing with it. but the body is earnest 

 and honest, and it took up this game case, intrusting the 

 matter to Mr. Baird. Ostensibly the Fox River Associ- 

 ation is behind these suits. Really, however, its connec- 

 tion with them is only nominal. 



Mr. Bortree and Mr. Baird passed by a whole street full 

 of offenders, and picked upon Henry Sloan, who is the 

 very man they ought to have left alone. Henry Sloan is 

 a member of the Mak-saw-ba Club, and is more sportsman 

 than he is game dealer, and more gentleman than he is 

 anything else. He does not want to break the game laws, 

 although it is not for me to say that he has or has not 

 done so. I know he was among those dealers who all 

 through late August and September sent out word to their 

 customers in other States that they must desist from send- 

 ing in prairie chickens until Oct. 1. In this specific case 

 he was selling under specific advice of Brusewitz, and 

 Brusewitz has since the filing of the suit gone to him and 

 offered to pay any fine that might be imposed. Our war- 

 den out here is unique, be it observed. He doesn't work 

 to get game dealers fined for violating the law, but prom- 

 ises to pay the damage if anybody else gets them fined! 



The probability of a fine in these cases is slight. Bruse- 

 witz has refused to put his name on the warrant for 

 prosecution. Under the wording of tho law, which by 

 Justice Smith has been construed before now, the game 

 warden is the only witness who can arrest or search in a 

 case involving illicit game. In other word3, if the warden 

 don't see it, nobody can. It will be remembered that 

 last year Mr. Donald, acting for the State Sportsman's 

 Association, employed a man to watch South Water 

 street, who laid cases against Henry A. Sloan and G. ~W. 

 Randall. Both these cases, as was duly reported, were 

 dismissed by Justice Smith on the ground that the game 

 warden was not the complainant. 'Cause why? He isn't 

 complaining. There couldn't anybody get him to com- 

 riain then, and there can't now. He's all right. He's 

 3ruaewitz, by the grace of, etc, He pays fines, not in« 



