476 



FOREST AND STREAM. 



[May 19, 1893. 



fishing grounds that lie between the headwaters of the 

 Mississippi and Great Lakes on the one hand and the 

 Pacific Ocean on the other. The beautifully illustrated 

 pamphlet which we have just received contains abstracts 

 of the game laws of the various States through which 

 the road passes, as well as the names and descriptions of 

 localities where all sorts of game — from moose and bear 

 down to the smaller game birds — can be had. Fishing 

 localities are not neglected, and many points are named 

 where we have taken the big trout and gamy grayling. 

 Useful pages of the book are those devoted to suggestions 

 as to ammunition, clothing, guides, pack animals, and so 

 on, and still more important is a list of localities with 

 names of men who are competent to guide tourists, and 

 the prices which such men charge for their services. 

 The pamphlet is for free distribution, and those desirous 

 to see a copy of it should apply to the General Passenger 

 Department of the Northern Pacific Railroad, St. Paul, 

 Minnesota. 



NEW YORK ASSOCIATION. 



[Special to Forest and Stream.'] 

 ^pHE next annual convention of the New York State 

 Association for the Protection of Fish and Game 

 will be held in the city of Syracuse, beginning on Mon- 

 day evening, June 13. 



The various organizations throughout the State, which 

 are members of the Association, are requested to send the 

 usual number of delegates, and all clubs and associations 

 which are in sympathy with the objects and purposes of 

 the Association but not affiliated with it, are cordially in. 

 vited to make application for membership at this meet- 

 ing. 



It is much to be desired that influential men every- 

 where who desire reformation in forestry and the game 

 laws shall join local organizations and thereby become 

 eligible to seats in the convention. 



It is expected that the preliminary proceedings of this 

 annual meeting will possess unusual interest. It is prob- 

 able that the committee appointed pursuant to a resolu- 

 tion by the State Convention in this city last February 

 will make a report at this time and propose some changes 

 in the constitution of the Association for the purpose of 

 broadening its scope and influence. 



The local associations, which have the preparations for 

 the convention in charge, will in due time make the 

 usual announcement of programme, etc. 



Syracuse, May 18, Horace White, President. 



To the Sportsmen of New York: 



The undersigned constitute a committee charged with 

 the duty of submitting to the New York State Associ- 

 ation for the Protection of Fish and Game at its next 

 meeting, in June, amendments of the constitution and a 

 plan of action looking to more efficient game and fish 

 protective effort by the Association. We wish to com- 

 municate with all gun clubs and protective societies, 

 whether now membera of the Association or not; and 

 with all individuals who may not belong to any club but 

 may nevertheless be interested in the purposes of the 

 Association. Communications may be addressed in care 

 ef Forest and Stream. F. J. Amsden, 



D. H. Bruce, 

 R. B. Lawrence, 

 C. B. Reynolds, 

 J. S. Van Cleee. 



EXPERIENCE WITH CALIBERS. 



THE diversity of opinions in regard to calibers of rifles 

 for large game will always exist. Perhaps some- 

 tog might be done to assist the uninitiated (those hav- 

 ing killed game know all about it) in selecting a rifle 

 suitable for successfully and satisfactorily killing the 

 larger of the American game. Actual records made with 

 different calibers might determine which would give the 

 best results. 



Headquartered at Florence, Wis. (time covered six 

 weeks) with a .50-95 hollow point magazine Winchester, 

 I killed 118 deer; eight deer of every ten fell when they 

 "got the lead ;" average of whole number. One ball of 

 six passed through deer, average of whole number of 

 balls shot into deer. No deer shot in the body and lost. 



On the rivers Brazos, Chamee, Manajo and Blanco, 

 I scored for the same cartridge and gun (time covered 

 four weeks) eighteen bear, not one of them touched by 

 a second ball. 



During the past four seasons I have killed with the .50- 

 95 and .50-110, hollow points, magazine Winchester, 121 

 bear. Not one wounded bear lost from these guns. The 

 .32 may kill for you, but not for me. Ed. Richmond. 



Ducks in Lake Erie Nets. 



Dunkirk, N. Y., May 10.— I noticed in a late edition of 

 your paper that the lake fishermen are finding lots of 

 dead ducks in their gill-nets. I was told to-day by a gun 

 dealer, Mr. E. Wages, that he had seen as many as 2,000 

 brought in here at one time by the steamers fishing on 

 Lake Erie. He says one of the fishermen told him 

 yesterday that they ran through about ten miles solid of 

 ducks of all kinds, and that lots of the females were so 

 heavy with egga they could hardly raise out of the water. 

 The fishermen consider the ducks a great nuisance to 

 them, for in their struggles to get out they draw the 

 mesh of the nets so small that the fish can't get caught. 

 It seems that the immense flocks keep well out in the 

 Jake away from shore and the gunners. What a pity so 

 many days of fine shooting are taken away from the 

 > portsman who so thoroughly enjoys it, by the ducks 

 being killed by people who didn't want to catch them 

 and would much prefer to have them keep away from 

 their nets.— E. H. K. 



NEW YORK GAME LAW. 



The full text of the new law has been pnt 

 into type by the Forest and Stream Publishing 

 Co., and is now ready. Price, 25 cents per copy. 



A special edition has been prepared for the 

 use of clubs and associations, who may order 

 in lots of 100 or more. These will be supplied 

 at a nominal price. "Write for terms, stating: 

 the number wanted. 



Map of the United States. 



A large, handsome map of the United States, mounted and suit- 

 ahle for office or home use, is issued by the BurliDgton Route. 

 Copies will be mailed to any address on receipt of twelve cents in 

 postage by P. S. Eitstis, General Pass. Agent, C, B. & Q. R. R., 

 Chicago, 111.— Adv.. 



Playing Cards. 



You can obtain a pack of best, quality playing cards by sending 

 fifteen cents in postage to P. S. Eusiis, General Passenger Agent. 

 C, B. & Q. R. R., Chicago, 111.- Axtv, 



Rahe chance now offered to secure 2,000 acres wild land through 

 whien runs four miles of finest trout stream In Pennsylvania. 

 Good shooting in season. Stream can easily be protected. Easy 

 access. Address N. B. Bubb, Williamsport, Pa.— Adv. 



Names and Portraits op Brans, by Gurdon Trumbull. A 

 book particularly interesting to gunners, for by its use they can 

 identify without question all the American game birds which 

 they may kill. Cloth. 220 pages, price 82.60. For sale by Forest 



4JND STBSAJ*. 



The four full-page pictures. Young Mountain Sheep, American 

 Elk, Groun of E1K, and Forest and Stream's G-rzzlv. from the 

 "Forest and Stream Animal Series,'''' handsomely printed on heavy 

 paper suitable for framing. The set of four (in tube) will be sent 

 for ten cents (stamps will do) —Adv. 



Jw* ut[A §w$t Joshing. 



The full texts of the game fish laws of all the States, 

 and Canada, are given In the Booh oi the Game Laws. 



Trout and Bass Fishing. 

 We have secured, for the private information of the readers of 

 Forest and Stream, knowledge of a number of streams and 

 lakes easily accessi ble f rom this city, where we believe that eood 

 fishing for trout and black bass may be had. The information 

 we shall he glad to furnish without charge to any reader of Forest 

 and Stream who will apply for it, either personally or by letter. 



JAMAICA BAY SUNDAY FISHING. 



Editor Forest and Stream: 



In your issue of May 12 you called attention to the cou- 

 fl'ct between Stction 172 of the new fish law, which con- 

 tains the following provision: "Fish shall not be fished 

 for, caught or killed by any device except angling, which 

 shall be lawful on any day of the year between the first 

 day of April and the hrst aay of December in the waters 

 of Jamaica Bay or the inlet thereof.'' And Section 276, 

 which provides that "nothing in this chapter shall be 

 construed to amend or repeal any provision of the crimi- 

 nal or Penal Code." 



The section of the Penal Code which bears upon this 

 question is No. 265 and contains the following clause ; 

 "All shooting, hunting, fishing, playing, horse-racing, 

 gaming or other public sports, exercises or shows upon 

 the first day of the week, and all noise disturbing the 

 peace of the day are prohibited," 



The question which arises is this: Does the law just 

 passed make angling on Sunday in Jamaica Bay lawful? 



A reference to two or three decisions of the Court of 

 Appeals will aid us in answering this question. 



The Penal Code was enacted in 1882, and it defined 

 generally the crime of bribery and fixes the punishment 

 therefor; and in the same year the New York Consolidation 

 Act was passed, and it also prescribed a different punish- 

 ment for the crime of bribery committed by a municipal 

 officer. 



The Consolidation Act also provided that the Penal 

 Code was to have the same effect as if it had been passed 

 after that act; that is, it in terms subordinated the 

 Consolidation Act to the Penal Code. 



Subsequently Henry J. Jaehne was tried for bribery 

 under the Penal Code, and his counsel claimed that he 

 should have been tried under the Consolidation Act, which 

 fixes a shorter term of imprisonment. 



The Court of Appeals, in its opinion, held, in reference 

 to the provision, that the Penal Code was to have the 

 same effect as if passed after the Consolidation Act, as 

 follows: 



This provision, although somewhat anomalous, does not. as we 

 can perceive, transcend the legislative power. It subordinates 

 the Consolidation Act to the PVnal ('ode wherever the two sta- 

 tutes are in conflict, and moreover, what is material to notice, 

 the provision affords the plainest implication that in the sense or 

 the Legislature there were, or might be, penal provisions in the 

 Consolidation Act in conflict with the Penal Code. For the pur- 

 pose of construction the Legislature has declared in what order 

 of time the two statutes shall be depmed to have been enacted, 

 and there being no question of legislative power, it is the plain 

 duty of courts ro construe thp two statutes in accordance with 

 this direction. 103 N. Y. 182 (189). 



This, at first glance, would seem to answer the ques- 

 tion, but it does not, although it has an important bearing 

 upon it. 



It does decide that the Legislature has power to say 

 that in case of a conflict between a new act and the Penal 

 Code, the provisions of the new act shall be subordinate 

 to the Penal Code. 



And it also decides that under the provisions of the 

 Consolidation Act the mode of procedure and punishment 

 prescribed for the crime of bribery were subordinate to 

 the Penal Code on account of the special provision in the 

 Consolidation Act, and the above is all that this case has 

 decided; but it has an important bearing upon the con- 

 struction to be given to Section 276 of the~new fish law. 



This law undertakes to prescribe that certain acts are 

 misdemeanors, and specifies the mode of procedure and 

 fixes the penalties or punishments attached to these 

 offenses, and the effect of Section 276 under the principle 

 settled in the above case is simply to subordinate the pro- 

 visions of the new fish law so far as they relate to the 

 mode of procedure and punishment to the Penal Code. 



The real question in this case is whether the Legisla- 

 ture intended to authorize fishing on Sunday in 

 Jamaica Bay, and if so that intention must prevail, not- 

 withstanding the provisions of Section 276. 



A case involving the same apparent conflict has just 

 been decided by the Court of Appeals, by which the well 

 settled principles of the construction of sta*utes have 

 been reaffirmed. Io Hoey vs. Gilroy 129 N. Y. 132 the 

 following question was before the court: 



The Consolidation Act of the State of New York pro- 

 vides that the common council shall have no waiver to 

 authorize the placing or continuing of any obstruction 

 upon any street or sidewalk, and afterward the same act 

 provides that the common council shall have the power 

 to regulate the use of streets and sidewalks for signs, sign 

 posts, awning-posts, etc. 



Under this specific power the common council had 

 authorized the continuance of an awning which the court 

 below as well as the Court of Appeals held was, accord- 

 ing to ths general rules of law, an encroachment upon 

 the street. 



In sustaining the power of the common council the 

 court gave the following opinion: 



Effect must be given to this statute according to the Intention 

 of the Legislature. It will nor do to say that because the Legis- 

 lature in general words declared that the common council '-shall 

 have no power to authorize the placing or continuing of any en- 

 croachment or obstruction upon any street or sidewalk," and In 

 ttie same statute specifically authorized them to reeulate awu- 

 insro, the prohibition and the specific power are en contradictory 

 and inconsistent that one or the other must b* rejected. Courts 

 in construing statutes aim to reconcile apparent contradictions 

 and 'o give effect, if possible, to every part of the enactment. 



It cannot be doubted that the pow^r to regulate awnines carried 

 with it the power to authorize the'r erec ion and maintenance 

 upon compliance with the rule* adopted upon that subject. It is 

 just a" clear that the Legislature intended f> authorize the com- 

 mon council to permit the construe inn nf awnings as it is tha* it 

 intended to prohibit iVm from permitting encroachments upon 

 or obstructions in the streets. Aa awning was an obstruction that 

 was in'ended to be excepted from the general protnouive words, 

 or perhaps it would be better to say that the Legislature did not 

 intend that the general words should cover that particular case. 

 When a statute contains two distiuct provisions, one being ppeci- 

 fic with pr< eise dirt ctions to do a particular thing or p3rmir P to 

 be done, and the other genera], prohibiting certain acrs which, in 

 their general sense include the i>arth ultr thing authorized by the 

 direction, the general prohibitive clause does not control the 

 specific authority. When a general intention is expressed and 

 alBo a particular internum Incompatible witti the general inten- 

 tion, the particular intention is to be considered in the nature 

 of an esct-ption. (Ci-urc^iU vs. Crease, S Bins. 178: People ex rel. 

 v.McClave,99N.Y.83,S9.) P 



Perhaps the principle recognized and settled in the 

 above case cannot be more tersely stated than by quoting 

 from the opinion of the Court of Apppals in Puggs vs. 

 Palmer, pp. 506, in which the Court sajs: 



It is a familiar cannon of construction that a thine wh'eh is 

 within ihe intention of the makers of a sratute i j as much within 

 the statute as if it were wiihin the letter: and a thing which is 

 within the letter of the statute is not within the statute, unless 

 it be within the intention of the makers. 



Bv applying the principle settled in the case of Hoey 

 vs. Gilroy we arrive at the following construction : _ 



Section 276 expresses the general intention of the Legis- 

 lature that the game anel fish law must be t-ubordinate to 

 the P^al Code, and Section 172 expresses the particular 

 intention of the Legislature ttiat its provisions are to be 

 considered in the nature of an exception, 



Pottghkeepsie, May 16. J. S, Van Cleep. 



EVOLUTION OF THE RUBBER BOOT. 



Editor Forest and Stream: 



Perhaps nothing has caused the old angler, who has 

 alwavs rejoiced in the firm and steady foothold which 

 his old hob-nails always have given, more quiet enjoy- 

 ment than that derived from seeing the novice who has 

 freely expressed his disd in for "hob-nails" and his con- 

 tempt for the old fogy who persists in using them, make 

 bis first attempt at wading a stream in rubbpr boots, es- 

 pecially when the stones were so covered with slime or a 

 clay ooze that they almost defied the grip of the hob-nail 

 itself. I do not refer to the rubbpr leggiog of to-day, but 

 its ancestor, the rubber boot. What that boot was can 

 perhaps best be described by relating an incident or two. 



In i860 Dr. K. was one of our party of four which vis- 

 ited the Beaverkill for a week's sport with the fly, when 

 we made our home at that most delightful retreat, Jae. 

 3\lur dock's. The D* ctor, who during his whole trip the 

 preceding year bad grumbled about "ihe deuced wet- 

 ness of the water," had Beveral times informed us that 

 we were at liberty to make fools of ourselves if we 

 wantpd to by using hob nailed shoes, but that he had 

 provided him -elf with a pair of rubber waders just put 

 upon the market at the very modest price of $10. 



On the first day our trip was down stream, and we 

 were all to meet for lunch at the well known pool below 

 Voorhees's dam. When the time to start arrived the 

 Doctor appeared arrayed in the most stupendous pair of 

 boots ever beheld. They were a sort of Siamese Twins: 

 the feet were fbiek and heavy, the legs were immense, 

 and they were joined at the crotch and extended up 6m. 

 or more in front and behind, and were held up by straps 

 over the shoulders; the tout ensemble was that of a rub- 

 ber meal bag with legs and feet, and the upper part of a 

 man sticking out of the top. 



The morning tramp in the water soon polished the 

 soles of the boots, and the Doctor reeled through the wa- 

 ter like a drunken man in his efforts to preserve his 

 equilibrium. He reached the pool in our lur ching place 

 a little before us, and was fishing in the water up to his 

 hips when suddenly he uttered a loud cry for help. 



The treacherous 'boot had got in its fine work: there 

 sat the Doctor on the bottom of the stream up to his arm 

 pits in the water, holding his rod with his right hand and 

 hugging his creel with his left arm. The top3 of his 

 boots had expanded to the size of an umbrella while he 

 was bouncing over the stones and riding down stream as 

 fast as the swift current could take him. We rushed to 

 the rescue, raised him up, led him ashore and laid him 

 down on his back upon the bank. 



He admitted that he was already converted to the doc- 

 trine of the hob-nail, but we felt that he could only be 

 admitted to the fraternity of anglers through "baptism 

 by immersion," and so while one of us held him down 

 the other two lifted up his feet until at leasthalf a barrel 

 of wafprhad been poured over his breastand face. When 

 he had expressed due contrition for wearing the boots 

 and the proper spirit of forgiveness for what we had 

 done, and bad given a promise not to wear such boots 

 annf her day, we released him, 



With becoming generosity we never referred to the 

 rubber boots again, but just as we were leaving for home 



