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FOREST AND STREAM. 



[June 23, 1892. 



FARMERS AND FARMERS. 



Editor Forest and Stream: 



It is a pity that "Podgers's" tender-heartedness is not 

 broad enough to include with beasts and birds the most 

 necessary and most abused class of people on earth. 



He must have been very unfortunate in his intercourse 

 with farmers to have formed such an opinion of them, 

 more unfortunate than most sportsmen have been, for 

 the columns of Forest and Stream bear frequent testi- 

 mony to the good feeling which prevails between the 

 two classes, one of which is so often a part of the other. 



But there are different kinds of sportsmen as there are 

 different kinds of farmers, and judging from the tone of 

 your commentator, there would seem to have been a con- 

 tact of the most uncongenial elements of each class. In 

 that case the estimate of either concerning the opposite 

 class as a whole, is likely to be unfair. 



Tonce heard a hoary-headed "true sportsman" boast of 

 killing off a whole covey of quail that a farmer had 

 wintered and summered at his barn and in his fields, and 

 this after he had partaken of the farmer's hospitality and 

 drawn from him the secret of the birds' whereabouts. 

 That farmer could not be expected thereafter to enter- 

 tain a very exalted idea of the honor of all sportsmen. 

 And I heard a young farmer boast of wringing the necks 

 of a brood of young partridges in sheer wanton savagery, 

 but I know that there is not one in a thousand of any 

 class who would commit so bratal a deed as either of 

 these cited. 



Because there may be a very few dishonest lawyers, 

 we should not condemn all of that most honorable pro- 

 fession, nor because there are among us too many who 

 are selfish and illiberal is it just to characterize us all as 

 being so. 



As one of them I do not claim that farmers possess all 

 the virtues any more than they do their rightful share of 

 the material good things of earth but only that accord- 

 ing to their means and opportunities, they are as unselfish, 

 as liberal and as broad-minded as any other men. Also 

 that it is not their common practice to poison harmless 

 birds nor to commit the sin of going about without 

 stockings. In witness whereof, I, being only an ordinary 

 farmer, and the day warm, do testify that I am at this 

 moment wearing a pair, under my cowhide boots. 



AWAHSOOSE. 



NEBRASKA PRAIRIE CHICKENS. 



Kearney, Neb., June 16.— Editor Forest and Stream: 

 A scarcity of game is reported from the Southern and 

 Western States, owing to the late spring and heavy 

 floods. High water along the Missouri River and its 

 tributary streams has drowned out the quail and chicken, 

 and Eastern sportsmen are beginning to ask themselves 

 where they shall get their fall shooting this year. I have 

 a little game pocket, perhaps not so good as Mr. Hough's, 

 for I can boast of nothing but prairie chicken and quail, 

 but such as it is its location will be made known by me 

 to any parties inquiring (please inclose stamp for reply), 

 the only requirements being that the inquirers Bhall re- 

 side where they cannot get shooting on this kind of game 

 at home, and that they be sportsmen and not game hogs. 

 I can probably give one hundred men locations where 

 they will find the shooting a little above the average, 

 where they will find pleasant people, good accommoda- 

 tions and reasonable prices. The rains and floods have 

 not afflicted us. Young chickens are out of the shell and 

 quail are breaking out this week. The country I have in 

 mind is easily accessible and lies by rail, twenty to sixty 

 miles from Kearney. Arrangements should be made to 

 arrive on the grounds by Sept. 1 for chickens. The best 

 hunting on quail will be found after Nov. 1, with some 

 corn-field shooting at chicken. 



I will make arrangements to accompany a few parties 

 personally (for sport, not remuneration), and those who 

 go with me can be assured that they will have some good 

 dogs to shoot over. This country is practically unknown 

 to sportsmen, as it has been reached by railroad only 

 within the past two years. It is none too early to lay 

 plans. I am through this country every week and will 

 try to keep your readers posted on the outlook. 



C. P. Hubbard. 



OBJECTIONS TO THE CANNON. 



1. The weight. I am no baby, but I don't carry any 10 

 or 121b. gun into the country that deer usually inhabit. I 

 believe in being humane to myself. I won't stay at home, 

 either. And what is more, I can walk all around any 

 man that will load himself down thus, see more deer and 

 get more shots. 



2. The recoil. For the big loads it is unpleasant unless 

 the gun weighs about 121bs. 



3. The danger. Bullets driven by from 70 to 120 grains 

 of powder are dangerous to stock and persons anywhere 

 within a mile of the shooter. 



4. The butchery. Even a .38 bullet, unless carefully 

 placed, will spoil half of a deer's meat. If you can't get 

 a deer without smashing his hindquarters, better let him 

 go, that is, unless you are just killing for the fun of it. 

 To murder a deer of moderate size with a .50 caliber hol- 

 low or split pointed bullet is like shooting ducks with 

 buckshot. If a .45 split point is "about the same as fiee 

 .32-40's," why not use a "icatter-gun," and be done with 

 it? 



A .38 or .40 caliber bullet with from 40 to 65 grains of 

 powder will make two holes in a deer's skin nine times 

 out of ten. How much more penetration do you want? 

 What is the use of penetrating somebody or something a 

 mile on the other side? If you must shoot from behind 

 try for the neck. Then it is either kill or miss. For a 

 side or quartering shot the loads I have just mentioned 

 are sufficient for any deer. What may be needed for 

 grizzlies or moose is another matter. Aztec. 



San Luis Potosi, Mexico. 



The Safety of Guns. 

 Eagle Rock, Pa., June 11.— I think the recent articles 

 on "safety" devices on guns must be productive of 

 much good in calling attention of sportsmen to the neces- 

 sity of care in handling guns, loaded or unloaded. They 

 have, at least, taught me a lesson. After reading the 

 first article i couldn't rest till I had tested my gun by re- 

 peatedly raising the hammer to nearly f ull cock and let- 

 ting it fall. I didn't succeed in breaking a primer, but I 

 did succeed in breaking a mainspring. — Mc. 



A Stench From Mr. Jackson's Trunk. 



Stamford, Conn., June 15. — Editor Forest and Stream: 

 My attention having been called to an open and flagrant 

 violation of the game laws of the State of Maine, perpe- 

 trated within the last ten days or so, by a resident of this 

 town, I wish to inquire if there is no method by which 

 the miscreant can still be made to suffer for his actions. 



The only facts I have been able to gather are as follows: 

 Yesterday a trunk arriving in the baggage on the N. Y. 

 N. H. & H. R. R. from the East, excited such strong sus- 

 picions, on the part of the railroad people, because of the 

 strong odor which it emitted, that it was held, pending 

 an investigation of the deputy-sheriff. 



It was claimed and opened in the presence of the 

 deputy -sheriff, by a party of the name of Jackson, and 

 was found to contain the hide and other portions of a 

 large bull moose, which Jackson stated he had brought 

 from Maine. 



These remains were subsequently buried upon Jack- 

 son's premises, as they were so greatly decomposed as to 

 be valueless. Jackson did not state whether he killed 

 the animal himself or not. Can the State Game and 

 Fish Commissioners of Maine do anything, at this late 

 day, if notified? Dragon. 



[If the full name and address of the man who had the 

 moose in his trunk shall be forwarded to Commissioner 

 E. M. Stilwell, Bangor, Me., we presume that something 

 may sometime happen to Mr. Jackson.] 



This Must be that "Game Pocket." 



Grand Rapids, Minn., June 13. — Editor Forest and 

 Stream: Thinkin that som of the sportin comunity would 

 like to hear from this part of the country in regard to 

 game & fish? I take the liberty in addressin you, & you 

 can if you wish? publish this letter so they can get 

 posted in regard to theas parts. I am a thourbreed 

 sportesman myself & like to help out the sportin com- 

 unity in strikin a good place to hunt & fish. I hav ben 

 over nearly all parts of the country in quest of game & 

 fish? & I can assure them that this part of the States 

 takes the cake. Deer, bear, moos, & careboo abound in 

 countless numbers. Also ducks & geas in the fall owin 

 to the emence wild rice f ealds here. Fish? There is in 

 the lakes & streems here pickrel-pike, bass-trout & mus- 

 calunge in great quantityes. 3 miles from this place is a 

 lake called the Pocagmau Lake? literly swarmin with all 

 of the above fish. The lake has 195 miles of shorage, and 

 is a clear beautiful sheet of watter. There is lakes in 

 every direction all swarmin with the abov fish. This 

 place is now only 3 years old so you see this is a new 

 country. If I can giv ena information to ena of the 

 sportis fraternity? I will gladly do so on application. 

 Also if you wish for ena score sheets on fish ketches I 

 will furnish them. Respectfuly youres? J. W. Goucher, 

 P. O. Box 7, Grand Rapids, Minn. 



The Cold Storage Game Case. 



There is a prospect that the case of the New York 

 Refrigerating Warehouse Co. , of 107 Murray street, this 

 city, will soon come to trial. This is the concern in 

 whose establishment Protector Brown recently seized 

 1,074 birds, the possession of which it is claimed was an 

 offense under the game law. Papers have been given to 

 the Sheriff, and action has formally been begun against 

 the company. The amount of judgment demanded is 

 $25,000, and the case for the prosecution is a particularly 

 strong one. The refrigerating company have twenty 

 days in which to file their demurrer, and the case will be 

 ptit on the calender for the fall term. No expense or 

 effort will be spared by the Commission and their 

 attorney, E. J. Whitaker, to have the statutes fully vin- 

 dicated' We understand that the Refrigerating Co. have 

 made overtures for a settlement. 



At a meeting of the American Association for the Pro- 

 tection of Game, Game Dealers and Consumers, last 

 week, it was decided that a fund of $5,000 would be 

 necessary to defend the suit against the New York Re- 

 frigerating Co. for having in possession game, and ar- 

 rangements were made to raise the money. 



ROD AND GUN AND CAMERA. 



As a recognition of the important place of amateur photography 

 n its relation to sports of the held and prairie and mountain and 

 forest and stream, the Forest and Stream oilers a series of 

 prizes for meritorious work with the camera. The conditions 

 under whicn these prizes will be given, are in brief as here set 

 forth: 



There will be ten prizes, as follows: First $35. Second $30 

 Third $15. Fourth $10. Six of $5 each. 



The competition will he open to amateurs only." 



The subjects must relate to Forest and Stream's held— game 

 and fish (alive or dead), shooting and fishing, the camp, campers 

 and camp life, sportsman travel by land or water. 



There is no restriction as to the time when the pictures may 

 have been or may he made— whether in 1892 or in previous years. 



Pictures will be received up to Dec. 31, of this year. 



All work must be original; that is to say, it must not have been 

 submitted in any other competition, nor have been published. 



There are no restrictions as to make or style of camera, nor as 

 to size of plate. 



A competitor need not be a subscriber of Forest and Stream. 



All photographs will be submitteed to a committee, shortly to 

 be announced. In making their awards the judges will be in- 

 structed to take into consideration the technical merits of the 

 work as a photograph, its artistic qualities; and other things 

 heing equal, the unique and difficult nature of the subject. 



Photographs must be marked only with initials or a pseudonym 

 for identification. With each photograph should be given name 

 of sender, title of view, locality, date, and name of camera. 



The photographs shall he the property of the Forest and 

 Stream. This applies only to the particular prints sent ub. 



Half Bates to Cincinnati; O., via Pennsylvania B. B. 



For the benefit of delegates and visitors to the Prohibition 

 National Convention at Cincinnati, O., on June 29 and 30, 1693, 

 the Pennsylvania Railroad Company will sell excursion tickets 

 to Cincinnati, O., from all principal stations on its lines, at a 

 single f we for the round trip. The tickets will be sold June 37 and 

 28th, good going only on date of sale as stamped on back, but not 

 later than for trains leaving initial point of ticket June 88th. 

 The return coupons will be good to return on date stamped on 

 back by agent at Cincinnati, but not good for return passage to 

 initial point after July 8th.— Adv. 



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 accessible from this city, where we believe that good 

 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. 



THE SALE OF CULTIVATED TROUT. 



Editor Forest and Stream: 



In Mr. W. L. Gilbert's paper, read before the American 

 Fisheries Society, he says: "Connecticut, Rhode Island 

 and Maryland have modified their laws in relation to the 

 sale of trout artificially raised." 



Let us examine Connecticut's "modified" law: "Every 

 person who shall catch any brook trout except with a 

 hook and line, or shall sell, expose for sale, purchase, 

 catch, or have in his possession any trout, except from 

 the first day of April to the first day of July, shall be 

 fined $7 or imprisoned not more than thirty days, or 

 both; provided, that any person may take trout in waters 

 owned by him, for the purpose of stocking other waters." 



The proviso means this: "That any person may take 

 live brook trout in waters actually owned by him, for 

 the purpose of stocking other waters; or he may take 

 and sell any live brook trout actually reared in such 

 waters, for propagating purposes only." 



My understanding of the law governing trout in Con- 

 necticut is that no one can legally sell dead brook trout 

 from July first to April first. There can be but little 

 consolation for fishculturists in Connecticut's "modified" 

 law if they wish to "peddle" trout out of season. 



Mr. Gilbert also states: "We 

 pay a tax not only on our plant, 

 but also on our trout as stock in 

 trade, and the law declares them 

 to he our absolute property. 

 Under these conditions we feel 

 that we are entitled to the same 

 property rights in trout at ail 

 seasons of the year that every 

 class of property that is useful 

 to man." 



Chief Justice Shaw, of the U. 

 S. Supreme Court, Bays: "We 

 think it is a settled principle, 

 growing out of the nature ot 

 well-ordered society, that every 

 holder of property, however ab- 

 solute and unqualified may be 

 his litle, holds it under the im- 

 plied liability that his use of it 

 shall not be injurious to the 

 equal enjoyment of others." 



This is according to the maxim, Sic utere tuo ut 

 alienum non laedas ("enjoy your own property in such 

 manner as not to injure that of another"). 



An eminent judge says: "By the general police power 

 of the State, persons and property are subjected to all 

 kinds of restraints and burdens, in order to secure the 

 general comfort, health and prosperity of the State." 



Analogous to the question whether "artificially reared 

 trout" can be sold at all seasons of the year or not: The 

 State of Georgia had a law known as the "Local Option 

 Law" which exempted from its provisions wines manu- 

 factured in that State. The Supreme Court of the United 

 States held that it was not competent for a legislature 

 thus to discriminate between wines made in Georgia and 

 the wines of other States and foreign wines. Tiernan vs. 

 Rinker, 102 TJ. S. 123— Weil vs. Calhoun, 25 Fed. Rep. 

 865. If it was not competent for a legislature to discrimi- 

 nate "between wines made in" its own State, how can a 

 State discriminate between "artificially reared trout" and 

 wild trout? 



This quotation from Mr. Gilbert's paper is a gem— of 

 its kind, it reads: " Our customers (for trout) and our- 

 selves shall be the judge of when that time (to sell) is, not 

 the State." 



Chief Justice Bradley, of the Supreme Court of the 

 United States, in giving the opinion in Coe vs. Errol, 116 

 U, S. 517, said: " A State has jurisdiction of all persons 

 and things within its territory which do not belong to 

 some other jurisdiction." 



If Mr. Gilbert is right in his assumption that he can do as 

 pleases with his property (trout) then Chief Justices 

 Bradley and Shaw, of the Supreme Court of the United 

 States, are wrong — their statement repudiates such a 

 distinction. 



The right to sell " artificially reared trout," at any time 

 would embarrass, derange, and effectually destroy the 

 law regulating wild brook trout. 



Mr. Gilbert cites the Massachusetts Fish Commis- 

 sioner's report of twenty-two years ago to strengthen Mb 

 position. Persons' views sometimes change in less than 

 twenty-two years. A, C. Collins, 



Hartford, Conn., June 18. 



Editor Forest and Stream: 



I notice you have published my paper on the sale of 

 artificially raised trout, which I read at the last meeting 

 of the American Fisheries Society, and also Gov. Russell's 

 veto message of the bill which passed both branches of 

 our Legislature which provided for the sale of artificially 

 reared trout from Jan. 15 to April 1. You also pub- 

 lished an editorial criticising the paper and bill, which it 

 would eeein was not a courteous thing to do at this time. 

 It should have been done at the meeting, at which time 

 criticisms are invited. 



It is evident that Gov. Russell and yourself have fallen 

 in the same dilemma in regard to the public rights in the 

 trout streams of Massachusetts. The Fishery Act of 1869 

 made the fish in every unnavigable stream in this State 

 the absolute property of the riparian owner by simply 

 posting it forbidding fishing therein. The same is also 

 true of every pond not over 20 acres in area, and of every 

 pond created by artificial flowage. 



Trout cannot live in water above 65° in temperature, 

 and therefore confined to the unnavigable streams of 

 this State, and the small artificial ponds therein, and 

 to-day almost every trout stream and trout pond from 

 Provincetown on the east to the New York State line on 

 the west is posted, forbidding any fishing under penalty 

 of the law, and what few are open to the public can be 

 closed up by simply posting them, 



Under these conditions I ask where are the public 

 rights in the trout streams of Massachusetts? They exist 

 only in one's imagination. Previous to the passage of 

 this law of 1869 the people had the right to fish in all the 

 streams and ponds in the State over ten acres in area, 

 subject only to an action of trespass, and on streams 

 which run through wild woodland, no action of trespass 

 can be maintained, and were open to the public to fish 

 in during the open season. Why did the people consent 

 to the passage of this law taking away their rights? The 



