March IS, 1891.] 



FOREST AND STREAM. 



IBS 



bie: trout. His troutship seemed to hit the chip with his 

 tail, for it flew out into the air a foot or more above the 

 sui'face of the water, and he swallowed the mouse. The 

 flsVierman in charge of the line succeeded, after some 

 difficulty, in landing the trout, which proved to be a fine 

 pounder." Afterward filr. Withers learned that the live 

 mouse was known to mauy of the fi-ihermen as one of 

 the most killing baits for tlie black-spotted trout, and its 

 use is very general in that part of Colorado. 



ANGLING NOTES. 



NOW and then justice, though slow, does seem to 

 reach the wicked, and the two individuals who in- 

 dulged in netting the Sandburgh Brook are probably 

 ypishina- they had confined themselves to legitimate fish- 

 ing. We also hear that another poacher came to grief 

 over on the Wallkill for netting black bass. He was 

 fined over one hundred dollars through the evidence of a 

 "chum" with whom he had quarreled That "chum" 

 will have to fish fair now, for the other fellow says he is 

 going to catch him next season. 



Mr. W. E. Cook, who purchased the famous Saterly 

 stretch of the west branch of the Neversink, has added 

 to his property by buying Biscuit Brook from the mouth 

 to the falls. This brook in its best days, or even a few 

 years ago, was alive with trout, and the lower stretch 

 contained some charmmg pools which aff'-rded excellent 

 fly-fishing. With the building of the Ontario & Western 

 R. R, came along the usual gang of loafers who spent 

 Sunday in poaching the trout streams and robbing the 

 farmers of fruit and poultry, etc. Giant powder soon 

 finished the Hbh, but of late ye.4rs these waters have im- 

 provtd, and under tbp protectinn of Mr. Cook, will not 

 only afford himself and friends good fishing, but supply 

 the public waters below with a never failing stock of 

 trout. 



Thouijh it is yet weeks before the anxious angler can 

 wet his line and the weather not at all suggestive of fish- 

 ing, yet trout fishermen are getting uneasy. The annual 

 spring fever is beginning to shovr itself, and, as it is very 

 contagious, it will soonfpr^;ad over the whole community. 

 Already it seems to me that Ic;m hear tlie tinkling of 

 the cow bells and the sweet song of the wood robin, while 

 a perfume of s^pruce and hemlcck, and the damp, fragrant 

 odor of moss and dpad leaves mingles with the cloud of 

 tobacco sent up from my old brier wood. I must over- 

 haul my rods and traps, and as I do so the "good wife" 

 wants to know, "For gracious sakes, what are you getting 

 out that rubbish foi? It's months yet before you can go 

 to the woods, do put the old stuff away!" 



The usual rubbish about best flies for April, and May, 

 and June, etc., begins to appear in the papers. One list 

 we read was undoubtedly copied from Sarah McBride's 

 old catalogue, no where else can you find such high-flown 

 descriptions of "hyaline" and "sub-hyaline" wings, etc, 

 Most people discovered years ago that a good fly in April 

 was a good fly any lime when the same conditions ex- 

 isted as to height of water. Scarlet Ibis. 



RIPARIAN RIGHTS. 



Editor Forest ami Stream: 



Fifty years ago a small natural stream flowed through 

 a certain Connecticut section. About thirty-five years 

 ago a manufacturer bought the right of flowage from the 

 lacd owners bordering on the same, forming a lake of 

 some fifty acres. About five years ago this lake was 

 stocked with fish bv parties, ankms no permission of the 

 flowers or land owners. Can the flowers control the 

 fishing in this lake, or do the Innd owners bordering it 

 have the right to do this? The flowers own a little land 

 bordering on the lake. Can the flowers prevent boating 

 on the lakt? Enqlirer. 



[Our correspondent must be aware, if he will think a 

 litde, that questions such as these are not to be answered 

 off hand. Tiiey require to be brought up in the courts 

 and to be ruled upon by the highest judicial authority. 

 The statutes bearing on this subject are as follows: 



2500. Every pergon who shall tat«-or carrv awav any eatable 

 ■fl<ii frora any s ream, pond rr reservoir witbour the consent of 

 the owner ol thts land covered bi- and adj linmg such water, shall 

 b" flDca not lesB tJian three nor mme tuan flfcy dollars, or im- 

 prison- eat U'lt more than thirty da\8 or both. 



2501. Evf-ry p-rson wbo shall enter on the land of another for 

 the yinpnse of taking fiali from any private pond, stream or 

 spiiDg tii'^reou, after the owner or O' cupaat of such land or pond, 

 stream or soring, shall have posted a notice adjacent thereto, 

 forbiddiug such entry, shall be fined not more than one hundred 

 dollars, 



:i50i. All waters, the shores of wbich a^e owned or leased by 

 any one person or crporation, and all artificial ponds or pjnds 

 formed entirely by erecting dams across streams, fucn pouas and 

 dams lieing owned or leased either by private parties or by incot- 

 porations, except pouds now owned, or in part owned bv the 

 towns in which they are situated, or which have been stocked by 

 thp Fish Commissioners, shall be private ponds or streams wlthm 

 the meaning ol this chapter, bat nothing contained in this sec'ion 

 shall be construed to apply loNorth.Pond in the towns of Leb- 

 anon, Hebron and Colchts'er. 



The above are the statutes on the subject, and we may 

 add that the North Pond mentioned m the last staiute 

 has been the cause of litigation for many years. One P. 

 W, Turner leased all the land bordering on the pond and 

 has attempted to prevent all persons from fishing therein. 

 The people of the adjacent towns are so indignant that 

 after many years' contest in the courts they have peti- 

 tioned for the lay out of a public highway to the border 

 of the pond, so that they can reach the water without 

 trespassing upon any one's land. The decision has not 

 yet been made public. In view of these statutes the 

 answers to the lay mind seem plain, and competent Con- 

 necticut authority agrees with us that (1) The parties 

 who stocked the pond with fish without the permission 

 of the flowers or land owners acquired no rights what- 

 ever. (3) Prom the statutes quoted above that owners of 

 the land bordering upon the lake can control the fishing 

 by preventing any one reaching the pond by crossing 

 their lands. (3) Tnat the flowers have no rig'hts what- 

 ever, except such as they derive from their ownership of 

 land adjacent to the pond.] 



The North Pond case has just been decided, and Dr. 

 Wm. M. Hudson sends u=^ this report of the finding as 

 given in the Hartford Ti/nes of March 3: " WiLU^rA^^Tlc, 

 March 2.— There is great rejoicing among the people of 

 Hebron and in the adjoining towns at the result of the 



the Hon. Luzon B. Morris and the Hon. Chas. E. Searls, 

 the committee appointed by the Superior Court for Tol- 

 land county to hear and report the fac^s in the case, have 

 made their report. They find that Mr. P. W, Turner 

 does not ovm North Pond, as he claimed, from the time 

 that he purchased the land all around the pond up to and 

 during the time of trial; but that the town of Hebron 

 itself owns a considerable portion of the land covered by 

 the waters of the pond, and that the title to the greater 



Eortiou of land covered by the waters of the pond has 

 ecome lost and abandoned. The committee say in their 

 report; 



Joshua Ohapoell conveyed all his right and title to said pond 

 to Abigail BoHWorih, in the year 1773. The most diligent search 

 of all the town. Court of ProDate atid other records has failed to 

 discover that the title of said pond, within the five mile square of 

 land, ever i)assed from the said Abigail Boswortli, and f-o the 

 committee find that the said t tie never passed from her to any 

 party or parlies, hut tlie same became lost and abandoned. 



True it is, that no party has ever appeared during the 

 past 117 years, claiming "title or any interest in this jjart 

 of said pond, from or tlirough the said Abigail Bosworth; 

 and during this long period of time 106 deeds have been 

 given of the land contiguous to this part of the pond, 

 which have, in every instance, botmded the grantee or 

 grantees by the shore of the pond. 



The only land covered by any of the water of the pond 

 which the committee find Mr. Turner owns is a small 

 strip lying near bis dam and extending northerly a little 

 way along the shore of the pond. 



The committee ftu-ther say: 



I'rom 'ime immemorial, all members of the great unorganized 

 puhlic, bo'hntar the pond and remote from it, whenever and 

 wherever dispo'^ed so to do, fisned in North Pond as a matter of 

 right, at ail seasons of the year; in boats during the spring, sum- 

 nitr and fall, Piid through the ice during the winter. This was 

 done without objection from any source whatever down to the 

 lime when the Plaintiff (Tutnei) bought all the land adjoining 

 the pond, when he only made complaint. 



This conclusion of the committee has been reached 

 after a long and exhaustiv^e trial in which able counsel 

 were engaged on both sides, and will give thorough satis- 

 faction to all sections of the State favored bj^ large bodies 

 of inland water, from the fact that the nutnber of these 

 natural lakes in om- State where people may resort for 

 the cherished sports of flshing, boating, picnicking and 

 other healthful recreations, in accord with the custom of 

 their fathers, are none too numerous; and if the late 

 tendency of crafty men to lease and buy the land sur- 

 rounding these lakes, and thereby exclude all persons 

 from access to them is to become general, the greatest 

 injustice would result therefrom. 



It is unusual that a committee is composed of so able 

 and experienced men, and when such have passed upon 

 Mr. Turner's title it would seem that it would put at rest 

 further attempts on his part to monopolize North Pond. 



Charles E. Pt^rkins, of Hartford, and Solomon Lucas, 

 of Norwich, were counsel for Mr. Tm-ner. Messrs. Buck 

 and Eggleston, of Hartford, and Charles Phelps, of Rock- 

 ville, were counsel for the town of Hebron. 



FLY-FISHING FOR SHAD. 



Editor Forest and Stream: 



Having seen several inquiries of late about flies for 

 shad, and being interested myself, I have asked some 

 friends about the matter, and, so far as I can ascertain, 

 fly-fishing for this spf cies is rather unsatisfactory. Way 

 back in the 80s Dr. John D. Hver, nf the U. S. Pafpnt 

 Office, took a few young shad in Ihe Potomac at the Vir- 

 ginia end of the long bridge, Washington, D. C. These 

 were very small fish, about ivz. in weight, and were 

 taken on a light colored fly. Mr. Hyeris not certain, but 

 thinks it was a white-miller. Under date of Ftb. 26, 1891, 

 the well-known Baltimore angler, Mr. A. F. Dresel, 

 writes my friend I). H. Mohler, of this city, as follow- 

 concerning his fly-fishing for hickory shad: "I have had 

 some Utile luck with the Montreal fly. Almost all the 

 fish were taken in the moderately stmng water, from 

 thirty to sixty fept below the dum at the Relay House. 

 On receipt of your letter of Jan. 14, I immediately wrote 

 to Mr. John J. Donaldson, who has fished more for 

 'hickories' than any one I know of, and I now inclose his 

 answer," Mr. Donaldson writes as follows: "With re- 

 gard to fly-fisJiing for &ha'l in the Patapsco River, I have 

 never known any to be taken with the fly in that stream. 

 Hickory shad will rise to the fly whenever they are run- 

 ning. They generally begin to come into the Patap.-co 

 River between Aprfl. 15 and May 1, and run from one to 

 three weeks. The conditions of water and weather that 

 are best are very much those that suit other kinds of fly- 

 fishing. The flies that are most killing, according to my 

 experience, are in the following order: 1. The fly that 

 Dukebart named after me, the 'Donaldson.' 8. The red 

 and white fly (Dukebart). 3. The Pennell gold salmon 

 fly. All these dressed on Pennell eyed hooks, about No. 

 9 or 10. I never have had much success with any other 

 flies. The largest catch that I have ever known vvas on 

 April 21, 1885, I think, when I basketed thirty-six, rang- 

 ing in weight from U to 21bs. Sines that year the largest 

 catch I have made vvas ten," 



The size of the Pennell hooks mentioned are Nos, 5 and 

 6, usual style of measurement. I am very anxious to 

 learn if there are good flips for shad and hope some of the 

 readers of Forest amd Stream can give us accounts of 

 success in fly-fishing for that savory species which is just 

 coming into season in the Potomac. Relpa. 



Washington, D. G. 



New 'Jersey Pickerel.— Among the big pickerel 

 hauled through the ice last week was one of 5f lbs. caught 

 by John G. Budd, at Budd's lake; one of Gj-lbs. taken at 

 Morris lake by J. H. Sutton, of Sparta, and one of 51bs. 

 caught at Swartswood lake by Joseph Brickner, of New- 

 tnn. He and his friends caught oolbs. of pickerel. Myron 

 H Cook, of Dover, caught 47 pickerel at Pickatinny lake 

 on Wednesday and 18 the dsLj hetoxe.—Neioark Suiidaij 

 Gall, March 1. 



Early Catch of Saugers.— Mr. Henry Douglass, of 

 Sandusky, Ohio, under date of March 1, writes Cbl. John 

 Gay, of the U. S. Fish Commission, that the fi-hi:.ig has 

 begun unusually early in Lake Erie this year. Eight tugs, 

 belonging in Huron, Ohio, are now fishing with gill-nets, 

 and although the work is very cold and disagreeable, it is 

 actively carried on and with good results. The fish prin- 

 cipally tafc^p irtfe© gayger iSti^gsUdimi catiad^nse), 



THE NEW YORK GAME LAW BILL. 



THE Assembly Committee on Fish and Game has finally 

 reported the codification bill, with many amend- 

 ments. At a hearing before the committee last Wednes- 

 day Fish Commissioner Blackford, of New York, said his 

 Commission was responsible for the creation of the revi- 

 sion commission, and it was expected that its members 

 would call upon the members of his Commission to meet 

 with them and exchange views, and together draw up a 

 codification bill looking toward the best interest of fish 

 and game protection. This, however, had not been done, 

 and as a result we have a bill which, judging from nu- 

 merous amendments already incorporated, will cease to 

 be a codification bill by the time of the committee's action. 



He objected to the provision abolishing his Commission 

 and for removing the office from New York to Albany. 

 He proposed an amendment to secure a gradual change 

 in^tfie personnel of the Commission by providing that the 

 present five members shall determine by lot which one 

 shall go out of office on Oct. 1, 1891, and one each year 

 thereafter, the vacancy thus provided to be filled by the 

 Governor. He said the New Y'"ork office was an absolute 

 necessity for the convenience of those employed in oyster 

 culture. 



The Commission had no power under the law under 

 which they are acting to abolish this Commission, and 

 their action was inspired by petty malice on the part of 

 one of the members of the Comcnission. who recently re- 

 signed as a State Fish and Game Commissioner. He pro- 

 posed several amendments. One provided that the open 

 season for brook trout should be from April 1 to Sept. 15, 

 except in the forest preserve, where the season shall open 

 May 1. He thought the bill should go into effect not 

 before July 1. 



Camp Comfort, a Vermont fishing resort, near Ben- 

 nington, is highly recommended by a recent correspond- 

 ent of the Troy Times. "Little Pond, or Lake Placid as 

 some have called it, is one of those beautiful sheets of 

 water which occasionally gem the highest valleys of Ver- 

 mont. It is somewhat octagonal iii form, and covers 

 about fifty acres of land. The water, which is perfectly 

 clear, varies from 2 to 13ft. in depth. Trout are the only 

 kind of fish that inhabit these waters. They are plentiful 

 and some will weigh from 3 to olbs. About 18,000 year- 

 ling trout were put into the little lake a few weeks ago, 

 and that number will be supplemented in a short time by 

 the addition of several thousand half-pound fellows, thus 

 insuring excellent fishing through the season." 



Idaho Trout Fishing.— A Coeur d'Alene corresoon- 

 dent, who has contributed many entertaining sketches to 

 Forest and Stream, writes that he proposes to spend 

 IVlay and June fly-fishing on a fine sheet of water in that 

 vicinity, and will gladly accommodate a party of six or 

 eight gentlemen in his camp. Later in the year he pro- 

 poses to visit a good hunting country. 



NEW YORK FISHCULTURE. 



WE have received the report of the Commissioners of 

 Fisheries of New York for the year ending Sept. 30, 

 1890, and find iu it a vast number of items of great pttbUc 

 ioipoitance. The enormous expADsiou of the work of the 

 Commission is fitly expressed in this valuable doctiment. 



The results obtained iu the State hatcheries were greater 

 than in 1SS9, altnottgh th <t year was a remarkably success- 

 ful one, and the work of fish atid game protection "was won- 

 derfully efficient. Owing to numerous freshets in the Hud- 

 son in the spring of 1890, the water was unusually muddy 

 nnd interfered seriously with the shad hatching operations. 

 The success of stockinj? rivers with shad was made evident 

 by the enormous catch in the Delaware in 1S90. The fish 

 ascended the fistiways at Lackawaxeu and dt-posited their 

 spawn in the n.-itural breeding grounds above these obstrtic- 

 tions. The increased distribution of lake trout and white- 

 fish was especially noteworthv, and a great number of 

 whiteflsh and ciseoes were deposited in Ltke Ontano Great 

 care has been bestowed on the selection ot localities for 

 planting fish iu order to prevent the enormous waste of fry, 

 wbich often follows careless sfcocking. Applicants fre- 

 quently ask for pickerel and brook trout to be associated in 

 the same body of water, and, of course, such applications 

 were refused. 



A flsh car was provided for by the Legislature of 1890, and 

 will greatly facilitate the distribution of fry and the inves- 

 tigation of streams to learn the result of previous stocking. 

 It is the intention of the Commissioners in the future to 

 deposit fish only in public waters, when the work is done at 

 the public exp'ense. Attention is called to the excellent 

 work performed at the several hatcheries, and especially at 

 the Caledonia hatchery, the site of which is regarded as a 

 most fortunate purchase by the State. The hatching of 

 wall-eyed pike was carried on this year at Clayton under the 

 supervision of Monroe A. Green, and a large number of fry 

 were deposited in Lake Ontario. During the coming year it 

 is proposed to stock the Mohawk River with wall-eyed pike. 

 The Commissioners believe that the propagation of food 

 flsh should be the main object of theirwork. 



After numerous experiments, Messrs. Green and Masou 

 succeeded in rearing mascalonge on Chatauqua Lake. It is 

 now considered practicable to collect and hatch millions of 

 eggs during the coming season. 



The total numher of fry and eggs distributed in 1890 was 

 about 40,000,000. The details of this cfistribution have already 

 been published in our columns. 



In the engineer's department there has been much activity 

 iu surveying the oyster grounds. The oyster protector finds 

 continual improvement in the condition of the waters of the 

 State, but owing to t-he want of power to compel corpora- 

 tions to come into court and plead to an indictment he has 

 been unable to stop the gas companies from emptying re- 

 fuse into public waters. 



The attention of the Legi-slature is again called to the 

 necessity of preserving the Adirondacks as a public park. 

 The health-giving properties of the region and its advantages 

 as a summer and winter resort have been recommended of 

 late years by many distinguished physicians. Much of this 

 territory, wbich should be permanently kept and improved 

 for the benefit of the people, is passing 'into the possession of 

 corporations and will benefit only the few individuals in- 

 terested in its purchase. 



Two fish ways sf the Rogers pattern have been built on the 

 Hudson River at Mechanicsville and Northumberland, and 

 the river is now accessible to auadronious fishes to a point 

 fifty miles above Troy. The reports of the stocking of the 

 Hudson with salmon continue to give great satisfaction, and 

 it is believed that complete success will attend the experi- 

 ment of making this a salmon river. The Commissioners 

 remind the fishermen that the law prohibiting the taking 

 of s^cioa is, yiets is iataaded for thste own beaefibs aad, its 



