Aug. 6, 1891.1 



FOREST AND STREAM. 



4 



stop the evil . It's the milk-and-water weak-kr eed sports- 

 men that handicap enforcing the game and fish laws. 



It should be borne in mind that game warden works 

 for glory and curses. No salary is connected with the 

 office. 



What would your readers think of a man who discov- 

 ered a chicken thief plying his vocation and the party 

 finding the thief becoming "tongue-tied?" The true say- 

 ing, ''Birds of a feather flock together," would apply in 

 this case. 



In Chief Justice Peters's charge to the jury (Supreme 

 Judicial Court, Maine) relating to game laws and their 

 enforcements, said: "Now, the great majority of per- 

 sons, all good people, will observe these laws, and if the 

 violators of the laws are not to he punished, they would 

 be supported in their violation of the laws, and it would 

 be a law really for the benefit of law breakers rather than 

 for law observers; because, while the great majority of 

 the people are obeying the law, the few who are not 

 obeying it, if not punished for their violations, are bene- 

 fited, as they can more readily capture the game when 

 the great majority are not attempting to capture it. It 

 is the bounden duty of all to obey the laws." 



A. C. Collins. 



Hartford, Coan,, July 31. 



The Hartford Post of July 30 says: "Game wardens 

 were, previous to 1S88, appointed by the selectmen who 

 were entitled to appoint two or more. If each town had 

 appointed two or more there would have been over SOO 

 game wardens in the State. But it soon came to be real- 

 ized that the game wardens appointed by the selectmen 

 were of no earthly use for enforcing the game laws. So 

 in 1888 the General Assembly passed a law giving the 

 county commissioners the power to appoint one game 

 warden for their county. This is how it happens that the 

 reappointment of the present elEcient warden, Abbott C. 

 Collins, was made by the county conamissioners. 



"The New York Tribune had the following pleasant 

 reference to Mr. Colhns not long ago: 



" 'A. C. Collins, of Hartford, of the State Giime and 

 Fish Association, has done more than all the rest of the 

 people of the State in preserving the remnant of the 

 game and fish in Connecticut.' 



"The writer of the above knew the situation. Pre- 

 vious to the warden's appointment the game and fish 

 laws were flagrantly violated. A change for the better 

 has taken x)lace since. The honest sportsmen (this in- 

 cludes rod and line fishermen, as well as shooters) owe 

 Mr. Collins a debt of gratitude. 



"Mr. Collins has been instrumental in bringing upward 

 of seventy-two illegal fishermen and hunters into the 

 courts and losing but two cases. These were for shoot- 

 ing game out of season, snaring, selling game birds out 

 of season, netting ti-out and bass, Sunday shooting, il- 

 legal "pound" shad fishing, illegal transportation of 

 game, etc. Among his victims were one justice of the 

 peace, one deacon, one capitalist and other prominent 

 men. The rich and poor are on a level when Mr. CoUine 

 starts out to enforce the laws. Of course opposition to 

 enforcement of the game and fish laws was to he ex- 

 pected, but many who thought they could deter Mr. 

 Collins from enforcing the law found out their mistake. 

 As a result of his indefatigable labors game is more 

 abundant and game fish are also on the increase." 



CHICAGO AND THE WEST. 



CHICAGO, 111., July 31.— This week's story of protec- 

 tive work in. Chicago is better than a dime novel. 

 The world moves out here also. 



Last week I spoke of the case against Chas. Kern, 

 county treasurer of Cook county, president of the Au- 

 dubon Club, ex-president of th©» Illinois State Sports- 

 men's Association, defender of the faith, etc., and men- 

 tioned the evidence secured against his restaurant, as 

 ■well as the conversation had with him, About 30 min- 

 utes, perhaps, after I had left Mr. Kern, the latter met 

 Mr. Wolfred N. Low, well known as active in the protec- 

 tive work of the State Associations though not at present 

 a member of the Kankakee Association, 



"Mr. Low," said Mr. Kern, "that Kankakee Association 

 is a grand good thing, and I am in sympathy with it, I 

 must send in my check for $20 for a life membership." 



Mr. Kern's check, I learned upon inquiry, was duly re- 

 ceived by the secretary. It is a grand good thing to have 

 our protective societies supported in so liberal a way, and 

 one can only wish that other prominent sportsmen besides 

 Mr. Kern would add then- |20 contributions. I do not 

 think the cases against Mr. Kern's restaurant can be tried 

 before next week, as Mr. Low will be out of town for a 

 few days, and is very busy. He does most of the legal 

 work for the State Association. 



But to continue the story just the way it happened. It 

 was resolved by a few gentlemen to continue the investi- 

 gation, to have no favorites, and to secm'e proof against 

 as many restaurants and hotels as possible. Saturday 

 evening, July 25, nothing was planned, though some val- 

 uable time was lost in talking, Monday afternoon a list 

 of names, 21 in all, was prepared of those who would 

 probably be interested enough in this work to try to get 

 evidence. Blly Mussey put the addresses opposite their 

 names, and Mr. Fred. C. Donald had type-written letters, 

 signed by Mr. Abner Price, president of the State Sports- 

 men's Association, in the mails Monday afternoon, asking 

 attendance at Mussey's Hall, 106 Madison street, Tuesday 

 evening. 



On Saturday evening, July 25, previous to this called 

 meeting, Messrs. Abner Price, F. C. Donald and C. S. 

 Burton had visited the Central Eestaurant, on Randolph 

 street, in search of illegal game, and met so distinct a 

 refusal that they felt assured the restaurant was alto- 

 gether innocent of selling such game. Let this fact be 

 recorded with more pleasiu-e than had it been other- 

 wise. 



On Monday evening, July 27, pending the expected 

 mass meeting of indignant sportsmen, Mr. F. C. Donald, 

 Mr. A. H. Harryman and myself visited the "English 

 Chop House" kept by "Billy" Boyle on the alley between 

 Dearborn and Clark streets. This is a place ijatronized 

 largely by the class whom we may distinguish as sport- 

 ing men and not as sportsmen. As in Kern's restaurant, 

 there is at Boyle's place a glass case where the meatsj 

 etc., are displayed. We stepped up to this casie. A num- 

 ber of birds were on ice, labeled "Teal duck," Woodcock 

 &nd, ployer wei'e al»o labeled. ^ 



"Haven't you got any birds, any chickens?" I asked the 

 waiter, and in reply he finally fished one young prairie 

 chicken out of a napkin in a corner of the case. Its 

 feathered legs and long gaunt youthfulness told the story 

 all too plainly, and we all three knew at once that the 

 goods were genuine. 



"Give ttis gentleman the chicken," said Mr. Donald, 

 "and we two will each have a nice teal duck," And so, 

 of this openly displayed illegal game we chose and ate 

 and paid for it. This case was very simple enough. The 

 teal were of course as illegal as the grouse. 



On Tuesday evening, July a8, the mass meeting of 

 interested sportsmen resulted as such things usually do. 

 Less than a dozen were present, and some of those were 

 far more willing to advise and counsel than they were to 

 get out and do a little work. It was agreed by the few 

 present to push the cases in the name of the State Sports- 

 men's Association, and to pay any costs, etc., out of the 

 treasury of that Association. No one appointed commit- 

 tees to go on after evidence. That work regulated itself, 

 the gentlemen pairing off about as they liked. It was 

 about 7 P. M. when the start was made, 



Messrs. W, N. Low and C. D. Gammon went to the 

 Lakeside restaui-ant, Adams and Clark streets, and asked 

 for prairie chicken and duck. They were told that such 

 game was out of season and was not kept. They failed 

 to get a,ny, for which we should be very glad. 



Mr. Abner Price and Mr. F'rank Place went to Rector's 

 well-known oyster hoxise, the basement, corner of Mon- 

 roe and Clark streets. They found "teal duck" printed 

 on the bill of fare, but with no price attached. Mr. Place 

 ordered a teal duck and Mr. Price a prairie chicken. 

 "You've got that, haven't you?" they asked. 



"You know it's out of season," said the waiter. 



"Oh, that's all right, we're not afraid," was the reply. 

 And forthwith their order was filled and this case was 

 nailed. The prairie chicken was very small. 



Mr. W. P. Mussey and Mr. Percy Stone selected the 

 Lansing- McGarigle Catering Co.'s, 12G Clark street, as 

 their field of operations. Percy met a waiter there 

 whom he knew. Billy tossed him a coin and said, "Bring 

 us some prairie chicken, if you've got any." The waiter 

 pointed to the bill of fare, " 'English pheasant' — dot vas 

 brairie schicken mit ein ander name," said he, with a 

 pleasing wink. So one of these birds was ordered. It 

 proved to be an old prairie chicken, and was so badly 

 spoiled that it could not be eaten. The evidence, how- 

 ever, was clear. 



Messrs. R. B. Organ, ' A. H, Harryman and myself 

 went to Kinsley's famous restaurant on Adams street, 

 opposite the post office. This very exclusive, gilt-edged 

 and generally "way up" joint has long been suspected, 

 and the result shows the suspicion only too well grounded. 

 We went to the more quiet and seclusive apartments on 

 the second floor. On the bUl of fare we found wood- 

 cock, j)lover, etc, but no illegal game. 



"Haven't you got any birds? I'm dying to get hold of 

 a young prairie chicken," I said to the waiter. 



"Nothing but what is on the bill of fare," said that well- 

 trained functionary. "We don't serve it out of season." 



"Pshaw!" said Mr. Organ, "go along and tell your chef 

 that we want one teal duck and two prairie chickens; all 

 young, all broiled and all in a hurry. Do you see?" 



The waiter departed, and returning said, "We don't 

 serve game out of season, but we got some owls," A 

 faint trace of a smile crossed his visage, 



"That's all right," said Mr. Organ, "bring us two owls 

 and a teal, and hurry up," The waiter again departed, but 

 again returned. "Very soi-ry, sir," said he, " but the chef 

 says the owls are all out j us't now," 



We ate no game at Kinsley's, We think that the game 

 dealer of whom he purchases had warned him to be care- 

 ful for a while. An illegal prairie chicken is generally 

 called an "owl" in certain roadhouses and restaurants of 

 this city. 



Wednesday about noon, July 29, Mr. W. L. Wells, his 

 brother and"^ another gentlemen, called at the Leland 

 Hotel, the well-known and very select hostlery on Michi- 

 gan avenue, fronting the lake. They signified their 

 desire to eat three i)rairie chickens, and the cafe manager 

 accommodated them then and there, and the case is a 

 very clean one. 



On Wednesday evening Mr, W. P. Mussey and Mr. F, 

 A, Place visited the Wellington Hotel Cafe, on Wabash 

 avenue, a new and rather pretentious concern of the 

 rather sechisive and high-priced sort. Fifty cents to the 

 waiter, a bottle of claret, and two young prairie chickens, 

 at §1,25 apiece, followed in very rapid succession here. 

 It was all easy and open. A prairie-chicken supper in 

 Chicago costs from $3 to |5 in July, but you can get it if 

 you have the requisite amount. 



Mr. Harryman and myself visited Kinsley's again 

 Wednesday evening, thinking that as we had the pass- 

 word of the "owl" we should be able to secure what we 

 wished. As we went in we passed our waiter of the 

 evening before and I motioned to him to come to onr 

 table. This was a mistake. The head waiter saw it, 

 looked at us and doubtless recognized us as the persist- 

 ent chicken orderers of the i)revious evening. The 

 waiter, head waiter and cashier held a hurried consulta- 

 tion looking our way. "That settles it," said Mr. Harry- 

 man in an undertone, "we'll have to send some one else 

 here," I imagined the waiter was surprised when we 

 innocently called for fish and steaks and did not call for 

 game. We were no v almost cer tain that Kinsley's had 

 been warned, and so no more time was spent there. 

 There will be plenty of time between now and Oct, 1 and 

 I don't doubt that he will yet sell chicken to some inno- 

 cent looking third party who asks for "owl." I should 

 think selling illegal game would be a rather uncomfort- 

 able as well as dirty sort of business. 



On Thursday, July 29, it had become rather difficult to 

 find searching parties to go out. Mr. Geo. E, Cole, pres- 

 ident of the Ifox River and Kankakee River associations, 

 had been out of town, but upon hie return was told of 

 what was going on. Thursday noon Mr. Cole and myself 

 visited the elegant cafe of the reeherch4 Hotel Richelieu, 

 on Michigan avenue, lake front. I cannot say whether 

 or not they had illegal game upon the bill of fare, for I 

 did not wish to be too studious of it under the circum- 

 stances. The waiter came up. "You have some prairie 

 chickens?" I asked. 



"Yes, sir," he replied, "very nice." 



They were very nice, it is true, but very illegal. We 

 ate two young birds, bringing away a leg of each. The 

 order in this case, as iu most of the other high class places, 

 i waa written oui; in f uU upoa aa order oard, and not given 



verbally. It was easy to get prairie chicken at the R'ch 

 elieu, and I must congratulate Mr, Bemis upon his chef- 



"On Thursday evening Mr. Harryman and I visited the 

 place long known as Batchellor's restaurant, 32 Adams 

 street. It is now run by James CahilJ, the card says. 

 We got a colored waiter of intelligence, and sent him to 

 the cook on a quest for prairie chicken. "We haven't 

 got any now," he said upon his return, "but we are just 

 getting rtady to keep some prairie chickens and other 

 ^ame. We're all tore up just now." The restam'ant was 

 m process of reconstruction, 



This concluded the search, and this is the only accurate 

 story of how the search was made. This morning the 

 daily Tribune, of this city, published an account of the 

 matter. It was an excellent piece of newspaper work, 

 except that the writer of it did not get the facts at all. 

 The article, however, might serve as a warning to the 

 hotels and restaurants, and therefore the work will be 

 stopped. Under a proper interest, and with proper sup- 

 port, with committees regularly appointed who would 

 get out and do some work, twice or three times this 

 amoimt of evidence could have been collected and should 

 have been collected. That illegal game is sold in Chicago 

 is the fault of the sportsmen of Chicago. 



We have now evidence for 16 cases, covering some of 

 the most prominent hotels and restaurants of this city. 

 Many equally guilty have escaped. The most apparent 

 deduction from it all is that it is appallingly easy to buy 

 illegal game in Chicago. One half the middle class and 

 practically all the high class cafes and restaurants serve 

 it, and have done so unhindered for years. The work of 

 the few individuals above mentioned will, it is hoped, 

 abate this nuisance partially for a time. Mr. Low will 

 have charge of the cases and should bring them at once 

 if his time will permit. Each off'ender should be pushed 

 and convicted for every individual illegal bird known to 

 have been served. In view ©f Mr. Kern's connection 

 with sportsmen's matters, the state of affairs at his res- 

 taurant is most unfortunate. He is reported to have 

 learned that his steward bought only six bkds, Mr. Kern 

 being ignorant of their purchase. The first bird in 

 evidence there was eaten on Tuesday, the last on Friday. 

 He would not seem to have had a very strong trade in 

 them upon that basis. E. Hotjgh. 



SIX YEARS UNDER MAINE GAME LAWS. 



XI. — IN CONCLUSION. 



A CAREFUL observer may soon satisfy himself that 

 the prospects for fish and game in Maine are not 

 growing better. The fishing in some of the best places is 

 deteriorating, and the game, though still abundant, has 

 been mercilessly slaughtered, while the season for killing 

 it grows yearly longer. This year the work began the 

 first of June ; and next year we expect it to open in May. 

 The summer killing is increasing continually, and the 

 number of sportsmen grows larger every year. It is im- 

 possible for the natural increase of the fish and game to 

 iieep pace with the demand. What then? What happens 

 when there is not enough for all? 



At the same time it is undeniable that no efl:ort has 

 been made to stop the summer killing; that the game 

 laws have been very ill-enforced at the best and that 

 outrageous injustices have been committed in their name 

 — the laws having been executed as they have been, 

 what then! What happens when the lowest ebb has been 

 reached? 



After the ebb, the flood; the highest tides follow the 

 lowest. In the nature of things, there will be a reaction 

 which will give not only a stricter enforcement of the 

 laws we have— we want that, the sooner the better— but 

 if the delay is long, a change of laws with heavier penal- 

 ties, increasing in proportion as the reform is deferred, 

 The longer the inaction the greater the reaction. On the 

 other hand, when there ceases to be game enough for all, 

 the effort will be made to secure it for the few. The non-, 

 execution of the law diminishes the amount of game and 

 hastens the day of game preserves; the establishment of 

 the latter tends to increase the penalties and severities of 

 the law; the very neglect of the laws at present inclines 

 to the same end. 



Great evils may hang upon the adjustment of these 

 points. We fear them. We know that there has been a 

 call for the increase of penalties and that there is a con- 

 stant pressure to secure the establishment of game pre- 

 serves. For the former, read our Game Commissioner's' 

 reports for the past few years— the last, however, is a 

 commendable exception— and see how strongly they have 

 urged to add imprisonment to all game law penalties; for 

 the latter, follow the quiet.but active endeavors to secure 

 possession of land that is now open to the ptiblic. It is 

 something not chronicled in the newspapers, but it is 

 here. 



Of course there is no immediate prospect that any con- 

 sidei-able portion of Maine will be closed to the public. It 

 is still what may be called a far-ofi danger; but our lum- 

 bermen and landowners could tell of a very decided trend 

 in that direction. Nor does it by anj- means need that a 

 very considerable portion should be so held in order to 

 accomplish what seems now to be a great evil. Closing 

 half a dozen well-located townships and making it tres- 

 pass to camp or hunt upon them could be made a very great 

 annoyance. There are a few townships which, for ease 

 of approach, excellence of hunting and fishing grounds 

 and beauty of scenery and camping places, are worth to 

 the sportsman forty times as much as others somewhere 

 else. Who wouldn't prefer the snug chance we all know 

 of, which is open to us now whenever we choose to go, 

 to — well, to a dozen townships around Baker Lake at the 

 end of the nine-mile carry? 



We do not speak with any hostility to any one who pre- 

 fers not to have the whole woild use his land as an ex- 

 cursion ground. It is his own and he has a right to do 

 with it what he pleases. But the principle of a game 

 preserve is dilferent. It is closing the land to inclose 

 game and fish which were not bought, which are not 

 property and to which there is no title. (Stocked ponds 

 and preserves are not meant.) It is using a right to com- 

 pass a wrong. Now this is very hateful to the mind of 

 the average Maine man. To tell the truth our lumbermen 

 and landowners have a little (or a good deal) spoiled us 

 by their generosity; and, quite aside from the question of 

 game as property, the invariable custom of leaving all 

 land open to the public has led us to regard it as a right. 

 I well remember my own rebellion when I first went into 

 a country where blueberries were private property and 

 trout streams were posted. There is a Etrcng objection 



( 



