39 6 



FOREST AND STREAM. 



[Deo. 4, 1890. 



PROTECTIVE LEGISLATION. 



THE reference to "The New Iowa Fish Law," by Win, 

 H. Steele, in Forest and Stream, of July 31, bears 

 directly on the general inutility of protective legislation 

 as at present applied. 



That laws for the protection of game have to some ex- 

 tent a value in restraining the useless and wantou waste 

 which the unrestrained impulses of man thoughtlessly 

 engender, and that they also in a measure educate the 

 masses to the necessity of the preservation and husband- 

 ing of natural food resources will be admitted by all. But 

 that in a greater measure they are ineffectual in bringing 

 about that general recognition of their necessity and 

 value, and that general sympathy and cooperation in 

 their enforcement upon which their usefulness depends 

 will also be generally admitted. 



And why, we may well ask, is this the case? It is cer- 

 tainly not always on account of a determination of any 

 class of our people to destroy wantonly, or in utter disre- 

 gard of the law, or of the general good. Violations of 

 the laws often arise from the stern necessity of want, 

 which knows no law, but more frequently, perhaps, 

 through a lack of proper understanding of the question 

 in all its bearings. It is true that in the bitter struggle 

 for existence the thirst for gain stamps out of many all 

 but the most sordid considerations. 



Still, in every community the great majority may be 

 considered not only as themselves law-abiding, but also 

 in full sympathy with laws which they feel are of general 

 benefit in their tendency, unless they believe that they 

 are enacted in the interest of the few. There is greater 

 excuse for the illegal capture of game by the illy-fed and 

 suffering poor, for it is with them a question of existence 

 which all at least who have endured the struggles of 

 poverty will recognize. 



There is, however, another influence actuating the 

 poorer people who are not actually driven by necessity, 

 and that is the belief that game laws are made for the 

 sole benefit of the wealthier classe?. the "rod and gun" 

 clubs, angling associations, etc., the sole object of which 

 is the fostering of sport, in which they can have but 

 little share except by stealth. 



Whether or not this is the case, the prejudice exists, 

 and must be recognized and treated with intelligent and 

 politic consideration and conciliation, if there is ever to 

 be brought about a general recognition of the necessity 

 and value of the protection of game, and a cordial sym- 

 pathy and cooperation by all classes and conditions of 

 our people. 



The constant lamentations over infractions of the 

 laws will not induce compliance with them, nor any 

 number of game wardens be able to enforce them. 

 Most of the violations occur in the darkness of the 

 night, or in unfrequented places, with snares and nets. 

 Every deep place in a trout stream for a distance 

 of two or three miles will be seined out in a single night 

 with a seine very clumsily formed out of coarse bagging 

 (burlap), by pulling out some of the threads to make it 

 more open, and by constructing a bag-like extension of 

 the net to trail behind. Such a net fastened to a pole at 

 either end will prove destructive at night, as the fish when 

 frightened huddle in the deepest holes. By wading in 

 the water to the armpits these will be completely cleaned 

 out. Gill and fyke nets are also set after dark and re- 

 moved before daylight. How is the game warden to dis- 

 cover these things unless the community, and particu- 

 larly the farming and laboring classes, are in sym- 

 pathy with him? And even where they may be in full 

 sympathy with the spirit of the game laws how many 

 would inform on a friend or neighbor? Either on the 

 score of friendship, business advantage, or dislike of the 

 notoriety, to say nothing of probable retaliation in some 

 way, but few would be found to give information even if 

 much greater rewards were offered. Nor, in the opinion 

 of the writer, are they much to be blamed. For they 

 see constant violations of the laws by those to whom 

 they look for example as well as precept. As well might 

 we expect our hoodlums to be always gentlemanly and 

 decorous while our college youths, the representatives of 

 our culture and civilization, often demean themselves as 

 savages, or worse. 



As an example of the apparent disregard of the law or 

 of the thoughtlessness existing concerning the conse- 

 quences or influences of such disregard on others — 

 especially the young — by those who should be exemplars, 

 an article by the writer published some years ago in a 

 paper devoted to nature will be repeated here, with the 

 names of place and persons changed in the present pub- 

 lication , and for the sole purpose of practically illustrat- 

 ing the point in question: "I want to say a few words 

 concerning a matter in which I think I will have your 

 thorough sympathy, although you may not always agree 

 with me. While waiting for a train at A, , in New Jersey, 

 the other day, I was eye-witness to a shcoting match in 

 which glass balls were used instead of pigeons. Although 

 not taking any special interest in the sport myself I 4 like 

 to see others enjoy it. Of course I formed a high opinion 

 of the gunners because of the absence of the cruelty at- 

 tending pigeon shooting. But judge of my surprise when 

 I saw them occasionally drop a swallow, many of which 

 were circling about, low in the air, busily engaged in 

 feeding upon flying insects. The climax was capped 

 when a whippoorwill came swiftly gyrating to the 

 ground, mortally wounded. Possibly in consequence of 

 this sport several broods of young birds will starve. 



"The fruit trees in and around A. are richly festooned 

 with the webs of the caterpillar, which some years ago 

 so beautifully ornamented the shade trees of Philadel- 

 phia. The mosquito crop about A. is also a full one. 



''The English sparrow comes in for much abuse for 

 driving away our native insectivorous birds. What do 

 you think of men who wantonly shoot them? Now, who 

 do you suppose were the individuals engaged in this de- 

 lectable amusement? Of course you will conclude that 

 they were roughs and hoodlums. * Let me give you some 

 of their names, first giving you notice that they are mem- 

 bers of the A. Rod and Gun Club. First there was Judge 

 V., with whose name many of you are familiar. It was 

 he who shot the whippoorwill. Then there was Squire 

 C, the justice of the peace of the borough, the man 

 before whom prosecutions for such offense would take 

 place. Among the others were U. I. M., Oapt. M. D. and 

 K. N. O. There were others, some of them small boys in 

 knickerbockers, among the shooters, 



"You will no doubt be able to imagine the judicial air of 

 severity with which Squire C. would give sentence to a 



poor laboring man who would shoot a few robins, or a 

 quail or rabbit, out of season as food for his illy-fed family. 



' 'Why did not I make a charge against these violators of 

 the law and of wise policy you may ask? Well, my dear 

 reader, to be frank, I could not afford the time and 

 money necessary, and I question whether I would not 

 have been subjected to much annoyance and animad- 

 version. Another thing, 'it was not my funeral,' not 

 being a New Jersey agriculturist. If the good people of 

 A. can stand it of course I can, I was informed that it is 

 a common occurrence. I would, however, be glad to be 

 one of a grand organization formed to prevent just such 

 violations of the law and good public policy, to say 

 nothing of the wanton cruelty involved, and I would be 

 glad to hear from any of you who feel interested in the 

 subject." 



There is no doubt in the mind of the writer that this 

 violation of law was the result of mere thoughtlessness. 



What is a bird or two, more or less, is the plea of the 

 inconsiderate. But the aggregate of wanton destruction 

 in a single State, if it could be known, would probably be 

 somewhat startling. 



During the spring migration northward of the robins 

 they are killed by thousands in the vicinity of Washing- 

 ton, under the very shadow, so to speak, of the Agricul- 

 tural Department and the Smithsonian Institution. 

 Scores of hundreds made by single individuals in a day's 

 shooting are recorded in the local Virginia and Maryland 

 papers, and they are treated in all respects as being as 

 much game as the reed bird is in the fall. But while the 

 reed bird is wholly graminivorous, the robin is largely 

 insectivorous and one of the most useful of our birds. 



The existence of conflicting sentiments in the different 

 States becomes here a matter of interest, and must be 

 taken into consideration. And now the question arises, 

 how may a general uniformity of protective legislation 

 be secured, and how, also, may a general respect and 

 sympathy for such legislation be promoted throughout 

 the land? 



At the last meeting of the American Fisheries Society 

 a paper was read, suggesting, in the case of fish pro- 

 tection at least, the development of that society into a 

 great national organization, having State branches, these 

 again having subordinate branches ramifying through the 

 counties and even to the townships and boroughs, thus to 

 form in every community throughout the land an associa- 

 tion of individuals not consisting of anglers and gunners 

 only, but of all classes interested in any way whatever in 

 game protection. In this way a means of disseminating a 

 proper knowledge of the objects of the laws enacted would 

 be afforded, tending to a higher appreciation of their value 

 to all. There would also be a complete system of obser- 

 vation and espionage of the waters of the country, and, 

 furthermore, the necessary means for the apprehension 

 and prosecution of violators of the laws, independent of 

 individual obligations and entanglements by throwing the 

 burden of prosecution upon the broad shoulders of a great 

 association. This is the way in which all reforms in 

 political, industrial, or other matters are promoted, and 

 until some such movement regarding game protection is 

 inaugurated, it is probable that but little except the 

 stereotyped lamentations will be heard, Wm. P. Seal. 



PUBLIC AND PRESERVED. 



NEW YORK, Not. 26.— Editor Forest and Stream: 

 In your issue of this week, speaking of the famous 

 game resorts mentioned by an Ohio correspondent, you 

 ask, "Why should every favored locality where fish and 

 game are to be found be picked up for a private elub?" 



The reason is simply that as soon as such a spot becomes 

 known to the public, particularly if the foreign element 

 is strongly represented in that vicinity, it is so hunted— 

 in season and" out — that a few years only are needed to 

 wipe out everything that lives or moves. 



What has become of the pinnated grou se and the wild 

 turkey in the East? Where are the thousands of wild 

 pigeons I used to see a few years ago? And what has be- 

 come of the herds of antelope, elk and bison that the In- 

 dians left on the prairies? And where are our salmon? If 

 you can tell me a single locality where the public has 

 free access and where game is plenty, I should like to 

 know it. The few deer that are killed in the Adiron- 

 dacks are those bred in private grounds, which escape 

 over the boundaries. If any one in the Raquette Lake 

 region wants venison he goes to the edges of the private 

 clubs for it, for he knows his chances are slim on public 

 grounds. 



Until people have to buy a license to kill public game 

 under wise and strict laws, and said license is only issued 

 to those who obey these laws, not until then will game 

 have a chance. I spent two days last week beating 

 through beautiful grounds, where I used to in years past 

 find game enough to satisfy my modest wants, and not 

 one feather did I stir. For the 'past five years the num- 

 ber of men and boys that Bwarm over our fields and 

 through the woods of Bergen county is something beyond 

 belief. While I sat in a little piece of woods eating a 

 cracker the other day I counted nine different parties file 

 through there; and I do not believe I sat there over 

 twenty minutes. Wakeman Holberton. 



MEAT WE DID HAVE. 



TT OW many sportsmen come home from a hunting trip 

 JLL empty handed and minus game. The writer recalls 

 to mind an expedition in which he participated a few 

 years ago in Wyoming, where this was reversed. 



There were but two in the party — Dick and myself. 

 Starting out one frosty September morning, for a two 

 days' hunt, with a team, we drove past fine herds of cat- 

 tle on the sage brush plains, occasionally startling and 

 putting to flight a jack rabbit or timid sage hen. With 

 our .40-82-260 Winchesters we were in quest of better 

 game and looked not upon this small fry with any degree 

 of longing. Arriving at the foothills we are soon ascend- 

 ing a canon characteristic of these regions. The trees 

 grow more plentiful and of larger growth, as we ascend 

 and reach an old deserted tie camp, close to a dancing 

 brook, whose source is among the snowy peaks yonder. 

 Our horses are soon tethered, coats, blankets, eatables, 

 etc, stowed away in the only log hut, which had seen 

 better days. 



A band of elk had passed this ground but recently, 

 their tracks were fresh, and we began to have hopes of 

 elk meat for supper. Following their trail was an easy 

 matter. Stealthily we proceeded through the pines, but 

 no big buck jumps up— where is the band? While we 



are thus meditating, up jumps a blacktail deer scarcely 

 five rods ahead of Dick. Standing motionless it surveys 

 us a few seconds and bounds away into a clump of quak- 

 ing asp. My main desire is a pair of elk antlers fit to 

 show Eastern friends, but the fates are against us. Night 

 comes and sleeping on the trail, we resume the hunt at 

 sun up. But they are traveling, not stopping to feed, and 

 our chanees are slim. Our allotted time is drawing to a 

 close and sorrowfully our steps are retraced to camp, 

 skunked. 



Dick, who is an old timer, and up to all the ways of the 

 country, astonishes me by saying, "Meat we must have, 

 meat we shall have, meat we will have," He kept 

 repeating this over and over again until I began to have 

 doubts as to his sanity. Our hunt was finished. Too 

 late to jump any more deer. But Dick was equal to the 

 emergency. Our traps packed up, no time is lost and 

 soon we are out again upon the plains. 



"Meat we must have, meat we shall have, meat we 

 will have." That is all Dick can give utterance to. Is 

 he crazy? No. His eagle eyes soon discern a young 

 maverick (unbranded calf). Up goes his rifle and bang 

 the old Winchester talks; 260 grains of lead has sped sure 

 as fate through the brain of that yearling. It being 

 alone, far from other cattle and unbranded, he argued, 

 it has no owner. At any rate, to skin him took but a 

 short time, and meat we did have for a fact. Merritt. 



Pheasant and Quail Breeding in California.— 

 "California may well boast of its big trees, its waterfalls 

 of the Yosemite, and its mammoth fruit and vegetable 

 products, but it has added another laurel to its crown in 

 possessing the largest aviary in the world," says the San 

 Francisco Chronicle. "An hour's journey from San Fran- 

 cisco by water and rail brings one to the quiet little town 

 of San Pablo, in Contra Costa county, and a short drive 

 from there is the old and well-known Alvarado Rancho, 

 now owned by Henry F. Emeric. Over an area of 2,500 

 acres of fertile ground are scattered orchards and wheat 

 fields that yield wonderful crops, and near the center of 

 this domain is the old home of Mr. Emeric's father, now 

 deceased. It is a quaint structure, with shaded verandahs, 

 and its roof is robed at present with a mantle of pure 

 white Castilian roses. Fronting the house are parterres 

 of choice flowers of innumerable kinds, bright with color 

 and as fragrant as the breeze-wafted odors of Ceylon. 

 There are, in fact, 310 varieties of roses alone to be seen, 

 and in the conservatory there are rare orchids and other 

 valuable plants. Through the vista of weeping willows 

 and peach and apple trees, heavily laden with bellflowers 

 and winter Nellies, the aviary is seen. This feature of 

 the place is an airy structure of closely netted wire sus- 

 tained at intervals of fifteen feet by wooden uprights, 

 forming a perfect cage. It is 175ft. long and 60ft. wide. 

 Within its confines is a miniature forest of quince trees, 

 the tops of which emerge through the netting. This, in 

 addition to a covert of thick brush, affords admirable 

 shelter for the birds in summer, while in the winter they 

 have the use of a large house that is in the cage for their 

 protection against the elements. With commendable 

 foresight Mr. Emeric has stocked this aviary with English 

 pheasants and Chinese golden pheasants, and there are 

 also hundreds of quail there, merely as a side issue. Mr, 

 Emeric estimates that he will have over 400 pheasants 

 next season and he proposes to set loose 100 or more of 

 them each year to run wild through the country, and will 

 give many away to those who desire to propagate them. 

 This will, of course, be of great benefit to all lovers of 

 bird shooting, and besides will assist materially in in- 

 . creasing the numbers of what are now a rare species of 

 fowl in this State,' The pheasants are fed with wheat and 

 occasionally chopped liver is given to them, They are 

 crossed with bantam hens, the result being game cocks 

 that are as pugnacious as their imported sires, and the 

 pheasant is notably a fighting bird. The golden pheasants 

 are only fitted for an aviary, and occupy the position that 

 a Sevres vase does in a drawing-room. Mr. Emeric has just 

 completed negotations to have a large invoice of Bob 

 Whites sent to him from the East next spring, and then 

 he will increase the proportions of his aviary to three 

 times its present size. This bird is similar to our Cali- 

 fornia quail, only a little larger, and is better flavored. 

 It is a great favorite with Eastern hunters, and will be 

 gladly welcomed by local sportsmen. The same course 

 will be pursued with these birds as with the pheasants. 

 The propagation of these valuable and interesting birds is 

 a hobby with Mr. Emeric, an expensive one naturally, 

 but one that he can afford, and his efforts should receive 

 the earnest support of all who axe interested in the intro- 

 duction of new birds on this coast." 



He Studied the Owl.— Calais, Me.— I thought per- 

 haps some of your readers might like to know of a new 

 way to study owls. Some friends went out shooting a 

 day or two ago. One shot at and wounded the wing of 

 a big Virginia horned owl. He was advised to kill the 

 bird but would not do so. He was going to study the 

 bird alive, so he put the big bird down behind him in the 

 blind. Soon a duck came flying along, and he stooped so 

 low in shooting he sat on the owl. The owl not liking 

 this way of being studied fastened its claws into his back 

 and refused all attempts to make it let go, and the more 

 they tried to get him off the harder he pinched, and from 

 the howling of the man it would appear as if the owl was 

 studying the man instead of the man studying the owl. 

 The " bird had to be killed before he would let go, and 

 although the man's back may not be as smooth as usual, 

 and. it may be some time before he can sit down, he 

 knows more about owls than he did. — Geo. A. Boardman. 



Concerning Plurals.— Editor Forest and Stream: I 

 rise to remark that when the words brace, couple, pair 

 and score are preceded by a numeral they are grammati- 

 cally used only in the singular number. As, 1 brace, 2 

 brace; 1 couple, 2 couple; 1 pair, 2 pair; 1 score, 3 score 

 and ten. It would be as correct to say 2 dozens apples as 

 to say 2 pairs of shoes. Macauley tells us of "a garret up 

 four pair of stairs." Yet birds mate in pairs, and hounds 

 hunt in couples, and so on. — Q. E. D. 



Dayton, O. — A note is received from Mr. Wickersham 

 stating that his party, consisting of Al. Zeiner, E. J. 

 Thomas, Wm. Zeiner and himself were the guests of L. 

 J. Voglesang, at Galiia Furnace, O., that Mr. Voglesang 

 had given them the exelusive privilege of shooting over 

 3,000 acres of furnace land, and that the party had in 

 four days killed 642 quail, 131 rabbits, 3 woodcock, 7 

 pheasants, 7 doves and an owl.— Brown. 



