Nov. 5, 1891.] 



FOREST AND STREAM. 



Sll 



manners, he will always be remembered as one worthy 

 of our highest regard. 



In our informal meetings, six evenings in the week, 

 there are many othei's who should be mentioned here, 

 and several there are, new comers, who recently joined 

 our growing gang, but apace foivbids my saying more. 



Then there are the dogs galore, which infest the store 

 from every corner of the city. They are all of the best 

 breeds, and would in themselves supply a bench show 

 with prize winners in any class from a beagle up to the 

 size of a pointer or setter. 



Let us wish for a long existence of our sportsmen's 

 resort, the prevaricator's roost, as it has been termed, and 

 may all committees have a place of meeting as open for 

 the lovers of rod and gun. Scolopax. 



Kalamazoo, Mich; 



CHICAGO AND THE WEST. 



CHICAGO, 111., Oct. 30.— Our ducks are not here this 

 fall, everything is too dry. Horicon Marsh, in 

 "Wisconsin, is the only one near here olTering much shoot- 

 ing now. Dr. Buechner, of the Horicon Club, must be 

 meeting good shooting, as he has been up for a week. 

 He got 16 mallards in an hour one morning this week, as 

 the club keeper reports. 



A few snipe are in around the Calumet country, but 

 George Kleinman, who lives there, kills them about all 

 before they have a chance to light. 



In Barton county, Kan., last Monday Mr. D. C. Luse, 

 of Great Bend, and myself found a great abundance of 

 wildfowl on the shallow lakes of the Che.yeune Flats. 

 With no decoys and poor pits we killed 30 ducks and a 

 goose without much trouble. If we had been prepared 

 to work them properly we could have had splendid shoot- 

 ing, as there were thousands of ducks. Two drawbacks 

 to sport exist there, the rafting of the ducks on the 

 wide ponds and their habit of clearing out entirely from 

 the smaller lakes when disturbed. With plenty of guns 

 to keep them going, the fun would be fast and furious 

 there. I was surprised to find most of the birds bluebills 

 and ringbills, though greenwing teal and mallards were 

 also numerous. 



Western Kansas is alive with quail, and I longed to 

 have a quail hunt, but of course could not. No attention 

 is paid to the law out there. Tbe season opens Nov. 1, 

 but the law seems to read that no one can shoot quail ex- 

 cept on land owned by himself. This latter clause may 

 or may not be worth observing, but the Nov. 1 date was 

 of course a bar for any one who knew the law, as vei-y few 

 of the residents do out there. 



Chickens are a poor crop this year in Barton county. 

 Rush county is much better. 



Mr. D ck Mei'rill, of Milwaukee, is in Chicago to-day, 

 on his way toBicknell trials, Indiana, where he has a dog 

 entered. Mi-. Merrill is just back from Colorado, where 

 he and his Milwakee friend, Mr. Nuneniacber, were very 

 successful with the black-tail deer. Tiiey were in Delta 

 county, on the D. & R. G. 



Illinois, Indiana and Ohio all have an unusual abund- 

 ance of quail this year. Mr. Frank Place and three 

 friends bagged 137 quail, 2 grouse and 1 woodcock in one 

 day, 12 miles below Warsaw, Ind., last week. Mr. Place 

 says he never saw quails so thick. Most of that country 

 is posted, however. 



Two gunshot accidents in Illinois this fall. At Dixon 

 fourth annual tournament C. R, Ken accidentally shot 

 H. Treffer in the face, some of the shot penetrating the 

 nose and passing into the mouth. This happened Oct. 39. 

 On Aug. 28 a yet more unfortunate affair transpired, in 

 that it was fatal. Fred Bowers accidentally shot Joe 

 O'Dowd, of Centralia, 111., the wounds resulting in death. 

 "Public sentiment," says tbe correspondent, "is very 

 strong against Bowers, this being the third person he has 

 shot by carelessness." 



Hennei>in Shooting Club has a fine large new cabin 

 boat accommodating 35 guests, now on the club preserves 

 on the Illinois River. E. Holtgh, 



WiiSTERN MASSACHUSETTS FOX HUNT 



THE interest manifested in last season's Western Mas- 

 sachusetts Fox Hunt was phenomenal, as shown by 

 the unusual number that participated and the large addi- 

 tion made to the membership. There were more than a 

 hundred names added to its roll. This was due no doubt 

 to the fact that the place of meeting had been changed 

 to Westfield. With an enlarged field for action and with 

 its many other advantages, the change was a most favor- 

 able one for the club, and it is to be hoped that the grand 

 success of last season will be repeated again this year. 

 The club members are making due preparations for their 

 annual hunt, Nov, 11 and 12. Thus far not a fox has 

 been disturbed in these particular localities. Even the 

 farmer boys have not as yet in any way distm-bed rey- 

 nard, but all are anxiously waiting for the grand hunt of 

 the 11th and 13th. 



It is desired that all sportsmen will be proinptly upon 

 the grounds the evening of the 10th, as the hunt will 

 begin promptly at 6 o'clock on the morning of the llth, 

 when the hunter's horn will be sounded and the hunters 

 in twos will start for the grounds selected. The return 

 will be made in season for the evening's spread at the 

 Gem Opera House, where tbe members of the club with 

 their friends and visiting sportsmen will enjoy the banquet 

 provided as in previous hunts, and which has always 

 proven one of the enjoyable features of the occasion, 



WOEONOCO. 



WEPTFiBiiD, Mass. 



On the Arkansas River. — The party which left 

 Perth Amboy, N. J., Oct. 17, for a hunting trip along the 

 Arkansas River in a house-boat (see Forest and Stream 

 Oct. 22) had to abandon the latter soon after leaving Bax- 

 ter Springs, Ark,, on account of low water. They are 

 now in camp on the Grand River, Indian Territory, about 

 seventy-five miles from their stranded boat, in a beauti- 

 ful game country, and are taking things easy. — J. L. K. 



North Dakota Game.— Grand Fork*, N. Dak., Oct. 

 31. — Returned yesterday from Devil's Lake with an im 

 mense bag of geese. Birds moving south gradually and 

 last night it turned cold, wdnd northwest, some snow and 

 sleet. Saw no redheads or canvas, but plenty of mallards 

 and gray ducks, some yellow- legs and black- breast plover. 

 —Pink Edge. 



St. Loms Notes.— Oct. 31.— The St. Louis Fish Com- 

 missioners have announced that after Nov. 9 they will be 

 ready to distribute young flsh. They have a large suj)ply 



of young bass, croppie and German carp. The members 

 of the King's Lake Club had their annual coon hunt last 

 Saturday night on their grounds at King's Lake. Some 

 50 members of the club participated in the hunt, headed 

 by Major Carutb. Ten coons were taken, being the 

 reatest number for any of the previous hunts. Last 

 unday "Big Lake," a famous hunting ground for St. 

 Louisians, was burned. The lake is a slough which in 

 dry seasons is covered with rank vegetation and is the 

 home of thousands of rabbits. The fire caught from 

 bm-ning brush, and as the flames swept over the bottom 

 they put in motion vast droves of rabbits, which beat a 

 wide path in their escape to the uplands. Along with 

 the rabbits were occasional coons and opossums, aud fol- 

 lowing all came a mass of moccasin snakes on their way 

 across the railroad tracks. The novel sight was witnessed 

 by many people. The area burned over was about eight 

 square miles. Fishing in the Merrimac, Gasconde and 

 Big Piney has been excellent. The water is low and 

 clear. — Aberdeen. 



Beaver Dam.— Memphis, Tenn., Oct. 27.— Three mem- 

 bers of Beaver Dam Duck Club on Thursday last bagged 

 sixty -seven teal and mallards there in about half the day, 

 and the ducks were in prime condition. They decoyed to 

 the club's fleet of tame puddle ducks, who called them 

 down perfectly. But for a dence fog the bag might have 

 been doubled, as the feed beds hold the ducks within 

 Beaver Dam Lake. Beaver Dam Lake is in Tunica 

 county, Miss., on Louisville, New Orleans & Texas R. R., 

 43 miles south of Memphis, Tenn. 



CONNEOTICUT WOODCOCK.— It seems to me that the 

 abolishing of summer woodcoct shooting is bearing good 

 fruit. The birds are becoming more plenty than form- 

 erly. A friend and myself killed 21 in a couple of days 

 this week.— Wm. M. Hudson. 



NON-EXPORT GAME LAWS UPHELD. 



Editor Forest and Stream: 



Herewith I inclose a decision relating to the consti- 

 tutionality of Cennecticut's game export law. The chief 

 point in the decision of the Supreme Court of Errors is to 

 the effect that game killed within the State is not an 

 article of commerce: 



Edgar M. Geer, New London, was caught by Game 

 Warden Robbins sending birds by boat to New York. In 

 the trial he set up the defense that the complaint was in- 

 sufficient, and also that the law was unconstitutional. 

 The case went by appeal through the City Court of New 

 London, the Court of Common Pleas and the Superior 

 Court, Geer losing each time. The Supreme Court sus- 

 tains the lower court, so that not only is Geer finally con- 

 victed but, a much more important fact, the game law 

 prosecutors are sure of their ground in their efforts to 

 check in the future what is a very serious drain on the 

 revenues of the State. The full text of the decision fol- 

 lows, the other judges concurring: 



St ATP T7H TT.nr A w TVT nvvn i SUPRBMB CODBT OF ERRORS, 

 bTATB VS. J1.DGAII M, GEER. g^cQ^n JUDICIAI, DISTRICT. 



Opinion of the Court. 



Seymour. J. 



Tbe General Statutes, Section 2,530, provide that "every persoa 

 who shall buy, sell, expose for sale or have in his possession for 

 any purpose, or who shall hunt, pursue, liill, destroy or attempt 

 to kill any woodcock, quail, ruffed gfrouse. called partridge, or 

 gray squirrel between tbe lirst day of January and the first dav 

 of October, the killing or having possession of each bird or squir- 

 rel to be deemed a separate offense * * * shall be fined not 

 more than tn enty-live dollars," etc. 



Section 2,5i6 provides that "No person shall at any time kill any 

 woodcock, ruifed grouse or quail, for the purpose of conyeylng the 

 same bevond the limits of the State; or shall transport or have in 

 possession with intent to procure the transportation beyond said 

 limits, any such birds killed within this State. The reception by 

 any person within this State of any such bird or birds for ship- 

 ment to a point without the State shall be prima facie evidence 

 that said bird or birds were killed within the State for the pur- 

 pose of conveying the same beyond its limits. 



The defendant is prosecuted for unlawfully receiving and hav- 

 ing in his possession, on the 19th day of October, A. D. 1889, with 

 force and arms and with the unlawful intent to procure the 

 tran.sportation beyond the limits of this State certain woodcock, 

 ruaeci grouse and quail, killed within this State after tbe first 

 day of October, A. D. 1889, against the peace and contrary to the 

 foim of the .statute. 



He demurred to the complaint because: (1) The allegations 

 contained therein do not constitute any ofiEense in law. (2) Be- 

 cause in the complaint it is not alleged that said birds were killed 

 for the purpose of conveying the same beyond the limits of the 

 State. 



It will be seen from the section of the statute above quoted that 

 it is unlawful to kill or have in possession for any purpose, wood- 

 cock, quail or ruffed groiise between the first day of January and 

 October, and that it is unlawful to kill them at any time for the 

 purpose of conveying them out of the State. It is also unlawful 

 to have them in possession with intent to procure their transporta- 

 tion beyond the limits of the State, if killed between the 1st day of 

 October and the 1st day of January, regardless of the question 

 whether they were killed for the purpose of conveying them out 

 of the State. In other words, if they were lawfully killed, i. e., 

 between Oct. 1 and Jan. 1, and without any intention of conveying 

 them out of the State, can they be lawfully neld with the intent 

 to procure their transportation beyond the limits of the State? 



In 1883 a.n act was passed as follows: 



Section I. "No person shall at any time kill any woodcock, ruffed 

 grouse, or quail, for the purpose of conveying the same beyond the 

 limits of this State." 



Section II. "No person, corporation or comiiany shall transport 

 or convey beyond the limits of this State any woodcock, ruffed 

 grouse or quail killed within tliis State, or sell or have in his or 

 their posschSion any of such birds with the intention to procure 

 the same to be conveyed or transported beyond the limits of this 

 State any woodcock, ruffed grouse or quail within this State, or 

 sell or have in his or their possession any of such birds with the 

 intention to procure the same to be conveyed or transported 

 beyond the limits of this Stale." 



Section III. "The reception by any person, company or corpora- 

 tion within the limit's of this State of .any quail, woodcock or 

 rutfed grouse for shipment to a point without the State shall be 

 irriina facie evidence that the said bird or birds were killed within 

 the State for the purpose of carrying the same beyond the limits 

 of this State." 



Section IV. "Any person violating any of the provisions of the 

 preceding sections shall be fined not less than seven nor more than 

 fifty dollars and costs of prosecution." Public Acts of 188S, 

 chapiter 103. 



It is evident that under the act as originally passed the com- 

 plaint would ha\'e been good and suflicient. 



It is claimed by tbe defemlaut that under the act as revised no 

 offense is committed unless the bird,«. by bim held for transporta- 

 tion, were kiUed for the- purpose of being conveyed bevond the 

 limits of the State. 



He says that the word "such" in the provision of section :i,346 

 against transporting or having in possession, wirh intent to pro- 

 cure the transportation beyond said limits, any of such birds 

 kUled within the State, mtana wondcock, ruffed grouse or quail 

 killed for the purpose of conveying the same beyond the limits of 

 tbe State. 



Aa already suggested that construction involves a change in the 

 law from the original act. which expressly forbade anv person to 

 have in his possession with the intention to procure the same to 

 be transported beyond the limiia of the State, any v.'ooacoclf, 

 rnffed grouse or quail killed within the State. 



It seems to ns ei-idnnt, al-^o, upon the face of the statute as re- 

 vised that the word '■such" was nsed only to obviate theneCBSsity 



of repeating tlie words "woodcock, ruffed grouse or quail." and 

 that to carry its force and operation further, so as to include the 

 purpose for which they were killed, would not only be unnatural 

 but dangerous as a precedent for construction in view of the 

 terms of the old statute. 



We cannot believe that careftil revisers would have undertaken 

 to change the law without some more definite indication of such 

 purpose. 



Then again when the words "such birds" are used in tbe very 

 nest line of the section, it is evident that they are used to take 

 the place only of the words "woodcock, ruffed grouse or quail," 

 as it it read the reception by any person within the State of any 

 woodcock, ruffed grouse or quail for shipment to a point wiH^out 

 the State shall be pi-ima facie evidence that said bird or bir ia 

 were killed within this State for the purpose of conveying the 

 same beyond its limits; otherwise we should have the absurd pro- 

 vision that the reception by any person within the State, for ship- 

 ment to any point without the State, of any woodcock, rutfed 

 grouse or quail killed for the purpose of conveying the same 

 beyond the limits of the State shall he prima facie evidence that 

 said birds were killed within the State far the purpose of convey- 

 ing the same beyond its limits. That is, the fact that they uele 

 killed for transportation shall be priWKJ. facie evidence that tney 

 were killed for transportation. 



The words "such" in both sentences refer to the same anteced- 

 ent. 



It is plain enough that the revisers intended not to change, but 

 to condense, the sections of the original statute, and the language 

 should be construed in the light of such intention. We conclude 

 therefore, that the complaint is suflicient. 



We see nothing in the decision of Commonwealth v. Hall, 138 

 Mass., ill, to which the defendant refers us, inconsistent with our 

 conclusion. 



The object of the act therein involved was to protect the game 

 In that commonwealth and not in another. And a construction 

 confining its force to birds killed therein was to be expected in 

 tl:e absence of controlling words to the contrary. All the reason- 

 iner in that case may certainly be held sound without impugn- 

 ing the reasoning upon which we arrive at our conclusion in this. 



But in this view of tbe matter another question arises. The 

 defendant further demurred to the complaint "(8) bpc ;use section 

 2,.54(i of the general statutes is unconstitutional and void .so tar as 

 it may be construed to forbid the transporting from tl-e State, or 

 having possession oCsnch birds with intent to procure .such trans- 

 portation to another State, birds described therein, which birds 

 have been sold to parties in such other State, and have begun to 

 move as an article of inter-State commeice. And (4i because ifcis 

 made to appear in said complaint that the defendant is guilty 

 under said section if such birds were bought by the defendant in 

 the markets of this State as merchandise and commerce and had 

 begun to move as an article of commerce. 



In short, the defendant insists that the statute, as construed by 

 us, Is unconstitutional as restricting inter-Sta^e commerce, and 

 refers to Robbins v. Shelby Taxing District. 120, United State.t, 

 4fi9: the Daniel Ball v. United States, 10, Wall, 560; Hannibal & 

 St. Joseph Railroad Company v. Husen, 95, United States, 46.^; 

 State V. Saunders, 19. Kansas, 137; Territory v. Evans (Idaho) 23, 

 Pacific Reporter, 11.5; Territory v. Nelson, id.. 116, State ex rel. 

 Corwin v. Indiana & Ohio Oil, Gas, etc-, Company (Indiana) 3;J, 

 Northeastern Reporter, 778, and American Express Company v. 

 People (Indiana) id., 759. 



In State v. Saunders, 19, Kansas, 127, Supra, the court s^ays it 

 seems to be finally settled, among other things, that no State can 

 pass a law which will directly interfere with the free trant^porta- 

 tion from one State to another, or through a State of anything 

 which is or may be subject to inter-State commerce. That a law 

 which prohibits the catching and killing of prairie chickens may 

 be valid, although it mav Indirectly prevent the transportation of 

 such chickens from the State to any other State: but a law which 

 allows prairie chickens to be caught and killed and thereby to 

 become the subject of tralBo and commerce, and at the same t'me 

 directly prohil3its their transportation from the State, is uncon- 

 stitutional and void. 



Without stopping to consider the construction which was given 

 to the constitutional provision under discussion by the earlier 

 commentators, except to suggest in the language of Judge Story 

 (Story's Com. Vol. 2, p. 511) that a very material object of its 

 adoption was the relief of the States, which export and import 

 through other Staffs, from the levy of improper contributions ou 

 them by the latter, an object which was shown to be important 

 by the experience of the States during the confederation period, 

 we feel constrained to hold the provision of the statute to be con- 

 stitutional. It being conceded that the State, under its general 

 police power, may lawfully prohibit the killing of the game birds 

 in question, it may of cotu'se control such killing and the times 

 and purposes thereof. It may lawfully enact that they may be 

 killed and sold and held for sale only for domestic consumption. 

 The State in the exercise of its power, instead of prohibiting the 

 killing altogether, permits the person killing them to acquire 

 only a qualified right in them, namely, the right to appropriate 

 them to his own use and the right to sell or transport them for 

 domestic use. 



Toe birds in question never become articles of commerce within 

 the meaning of the term contended for by the defendant. They 

 became private property of a qualified character. 



The law limite'd the purposes for which they might be killed 

 and become private property. 



The difference between property of this sort and the ordinary 

 private property of commerce is obvious. 



The apparent assumption of the Kansas court above referred to, 

 that game which the law allows to be caught and killed, thereby 

 necessarily becomes the subject of traflRc and commerce, mean- 

 ing interstate commerce, appears to us unsound. 



If the proposition were true then the conclusion that a State law 

 interfering with such commerce would be unconstitutional might 

 pass unquestioned. But we cannot acquiesce in a decision which 

 would deny the power of the State to limit the right to kill, sell 

 and hold its own game by any provision short of an absolute pro- 

 hibition without thereby transforming it into that species of 

 property the transportation of which from the State it Is uncon- 

 stitutional to prohibit. 



Hartford, Conn., Oct. 33. A. C. COLLINS. 



THE CHATHAM ASSOCIATION. 



WE have before called attention to the rapid progress made by 

 the Chatham Pish and G-ame Protective Association, of 

 Chatham, N. J., this combination between land-owners, farmei s 

 and sportsmen. The Association is largely made up of Newark 

 and New York owners of estates and farmers in Morris, Essex, 

 Union and Somerset counties, in the towns of Millbtirn. Living- 

 ston, Summit, New Providence, Sterling, Chatham and Hanover. 



It will be observed that this ten-itory is in the upper Passaic 

 Valley. The land-owners have very generally joined in this asso- 

 ciation, and sportsmen therefore wIU wisely take notice that the 

 regulations granted associations of this character will b» 

 thoroughly observed. By the New Jersey statutes every member 

 has the powers of a constable and can make arrests for shooting 

 in this territory. The shooting is strictly limited to members of 

 the association and land-owners. 



In addition to the protection afforded by the new powers given 

 members, the association has had appointments made of special 

 constables by the township committees of the respective town- 

 ships. In most instances these are farmers located in every part 

 of the territory. They have also employed special game wardens 

 who will hfc constantly on duty during the open season of Novem- 

 ber and December. The association has been at large expense in 

 stocking these extensive grounds with game birds, and have 

 wisely limited ti e number that can be shot by members. It is 

 proposed to prevent the destruction of the birds as has been done 

 m the past by indiscriminate shooting. 



It may not be known by non-residents of the State of New Jersev 

 that in addition to the heavy fine inflicted for trespassing, tha't 

 tiie law empowers the seizure of the gun carried by the sportsman. 

 The farmers in this territory have in the past suffered from the 

 destruction of their domestic fowl and animals, breaking down of 

 fences and damage to growing crops to the extent of thousands of 

 dollars. And in addition to this, roughs in the guise of sportsmen 

 have inflicted serious personal injury upon farmers who objected 

 to trespassers. 



The association has ample financial capital, hasretained counsel, 

 and among the members are many prominent lawyers. Therefore 

 no question exists as to the decisive steps that will be taktuiu 

 case of any infraction of the law in trespassing upon their grounds. 

 They have advertised in several papers offering large rewards, in 

 addition to the fines levied for trespass, for evidence that will lead 

 to conviction of any one trespassing. 



We heartily command the position taken by the association, as 

 in this way only can game be protected and preserved, and again 

 become abundant in the vicinity of large cities and towns. 



Jersey Blue. 



Peeth Amboy, N. J., Oct. 31.— Game prospects here- 

 abouts are fair. A good many ducks are killed inRari- 

 tan Eiver and bay, and quail and rabbits are reported 

 plentiful, though woodcock have been Kcarce.— J. L. 



