186 



FOREST AND STREAM. 



[Aug. is, 189S. 



'^mtj^ ^Hg mid ^uti. 



THE SNIPE AS A WATER FOWL. 



ObtCaqo, Aug 10, — Editor Forest and Stream: I have 

 noticed in a recent Foeest and Sa ream that Mr. E. S. 

 Bond has published his second and last letter of attack 

 on the game law, the snipe and the game warden. As 

 the tone of his article appeals to the reckless and the 

 vicious, I have concluded that it was best that I should 

 reply. I am greatly surprised at the position he has 

 taken. Not very long before my appointment, he urged 

 me to accept the offtce, and promised me his support in 

 enforcing the law against the violation. In explanation 

 of my position in regard to enforcing the law against the 

 killing and selling of snipe, I wish to say: That last 

 spring there were a great many snipe offered in the 

 market here. G-ame dealers were buying them and put- 

 ting them in cold storuge, as the supply exceeded the 

 demand. Since 1879. these birds had been killed and 

 sold at all times in this State. 



To make my case clearly understood, I will state again 

 what I have heretofore said. Examing the law carefully, 

 I found that it read: "It shall be unlawful to hunt, kill, 

 trap," &o., "any wild goose, duck, brant, rail, or other 

 water fowl," &;c. 



I saw a number of game dealers and told them that I 

 had concluded that the law really covered snipe, as it 

 had mentioned the principal swimming game birds and 

 then had mentioned "rail." which is one of the species 

 termed "waders." and that it was a natural and reason- 

 able inference that the law intended to protect the rest 

 of that class of biids to which the "rail" belonged, mean- 

 ing all the snipe. While the game dealers did not agree 

 with me, they all admitted that snipe should not be 

 killed during the breeding season. They all said they 

 would not offer any of these birds until October 1st, 

 when it should be lawful to sell the other birds men- 

 tioned in the law. Nobody has made any fuss about this 

 matter since, except Mr. Bond. He says that I never 

 have read a work on ornithology. Well, he is mistaken, 

 as I have read all the works L can find on the subject, 

 including his favorite authors. For several years I rented 

 to him and his partner part of a store on South Water 

 street, in which we were joint occupants. I have al- 

 ways had the kindliest feelings toward him in all matters 

 (except on the subject of game destruction). 



Now, I am not going to set myself up as an ornitholo- 

 gist, but I sincerely believe that a snipe is a "water 

 bird." For about three hundred years they have been 

 classed as "waders," and it doesn't matter whether re- 

 cent writers call then runners, trotters , pacers or walkers. 

 They are certainly made after the same pattern, and they 

 are the same in habits and in every particular that they 

 were during the past centuries, during which time scores 

 and hundreds of able men have studied them and written 

 about them. I cannot see any good reason for not still 

 calling this class of birds "waders." They certainly are 

 addicted to that habit and they seek their food in the mud 

 and water, and one writer says they have a pump in their 

 bill, and that "they take their food by a suctional or ex- 

 tractive process." 



Mr, Bond says recent writers have changed the classifi- 

 cation of snipe, but he gives very little .information as to 

 what the writers on birds have said on the subject. A 

 prominent ornithologist says: "Almostevery writerseeks 

 to be a founder of a new system, and casting down the 

 structures of his predecessors attempts to build upon the 

 ruins an edifice of his own: Linnaeus, Cuvier, Temmer- 

 ick, Illiger, Fabricus, Latrilla, and a host of lesser 

 authors have attempted to establish their own system." 



In natvural history there are mentioned many species of 

 creatures under the title of "water animals," as distin- 

 guished from land animals of the same class. For in- 

 stance, "water deer," a small musk deer of somewhat 

 aquatic habits, found in certain parts of China. "Water 

 antelope," one of numerous different kinds which fre- 

 quents marshy or reedy places, a reed buck or water buck 

 found in Africa, "Water dog," a dog accustomed to or 

 delighting in the water, or trained to go into the water 

 in pursuit of game. 



I will refer the reader to several autbora attd what they 

 have said: 



"History of British Birds," including their organiza- 

 tion, habits and relations on classification and nomencla- 

 ture, etc.. by William Macgillivray, A.M., LL.D., Pro- 

 fessor of Natural History, etc., London, England, in his 

 able works arranges that class of birds usually called 

 "Grallatores" (waders), in the following orders: Ist, 

 Oursores or runners, embracing the cranes, bustards, 

 prantincoles, etc. 2d, Tentatores or probers, consisting 

 of plovers, lapwings, oyster catchers, sandpipers, curlews, 

 snipes, woodcock, etc. 3d, Aucupatores or stalkers, the 

 bitterns, storks, ibesses and spoonbills. 4th, Lattitorea or 

 skulkers, the rails, water hens and coots. 



"Casseil's Order of Birds," as prepared by Dr. Brehm, 

 says: "Order VII. Stilt walkers (Grallatores)." "The 

 birds belonging to this order have usually long legs, 

 formed in such a manner as to enable them to seek their 

 food at a certain distance in the water, and are further 

 characterized by their long, thin neck, slender, high 

 tarsi, bare thighs, three or four-toed, and fully developed 

 wings." "During a three days' passage to the White 

 Nile we have seen an almost uninterrupted line of birds 

 of this description, numbering some 50 species, running, 

 fishing in thousands and tens of thousands upon each 

 side of the stream, and literally swarming in every lake, 

 pond and ditch." 



The classification of birds, as adopted in the British 

 Museum, comprises "Order VII., Stilt walkers (G-ralla- 

 tores) Waderi- :" 



Family I. Plovers, sub family 6. 



Family IT. The Herons, sub family 5. 



Family III. The Woodcocks, sub family 6, including 

 snipe- 

 Family IV. The Screamers, sub family 2, 



Family V. The Ptails, sub family 2. 

 ,Order VIII. Geese (Anseres) Swimmers, Last family, 

 25 birds. 



The Rev. J. H. Langille, M, A., writes a work which 

 he dedicates to Dr. E. Ooues, Buffalo, N. Y., June 36, 

 1884, entitled: "Onr Birds and their Haunts, of Eastern 

 North America." Brief histories and full description of all 

 species east of the Mississippi. "The illustrations which 

 should add much to the character of the book have nearly 

 all been furnished by Dr, E, Coues, Where scientific 



nomenclature as given in his former work,I have adopted 

 throughout." 



Of the "Wilson snipe" he says: "The young are of a 

 grayish color, heavily streaked with several shades of 

 brown. According to the precocious habits of the infant 

 waders, they leave the nest as soon as they are out of the 

 Shetland feed vigorously on the insects found in marshes, 

 moss and meadow grass, until their tender bills are firm 

 enough to probe the soft 00!iP." Of rail he says: "They 

 are abundant in the marshes and about bodies of water 

 throughout the middle district of our Union," etc. Of 

 their habits he says: "Leaving the logs and floating de- 

 bris it slumps in and wades or swims for a short distance 

 without the least inconvenience." Of "yellow shanks" 

 he says: "Long bills, long necks, long legs. They are 

 not uncommon on the sea coast, but being, rather, fresh 

 water birds, are more abundant in the interior." 



The "Key of North American Birds," by Elliott Coues, 

 A.M., Ph.D,, says of snipe: "The birds are found by the 

 water edge the ground is soft and oozy, in moist thickets, 

 low rank meadows, bogs, marshes by the river side and 

 on the sea shore." 



"Theodore Jasper: Birds of North America," says of 

 snipe birds: "Fourth Class, Eunners. Three families; 

 second division of stilt walkers. The members of this 

 section usually inhabit marshy land, the boarders of 

 swampy lakes and the sea coast." He calls all of the 

 following birds runners: Doves, quail, pigeons, plovers, 

 heron, snipe, storks, cranes, water pheasant, moor hens 

 and many others. 



I desire to quote once more what the "Century Diction- 

 ary" says, recently issued and regarded as the most com- 

 plete and reliable dictionary ever published: Defines 

 "water bird" or "water fowl," "An aquatic, as distin- 

 guished from a terrestrial or aerial bird, m the plural the 

 Grallfetorial and Natatorial or wading and swimming 

 birds, collectively distinguished from the land birds." 



It is unnecessary to furnish further evidence. All 

 writers seem to agree that the snipe is a bird that fre- 

 quents marshy places where there is water, and that he 

 is in every respect perfectly equipped for that purpose. 

 I desire to notice some things said by Mr. Bond's sup- 

 porters. 



Some old and some new men of learning have called a 

 male sheep a ram, not a buck. 



Now, it seems to me that Dr. Rowe, whose letter Mr. 

 Bond publishes, is making a tremendous claim when he 

 says he "proposed to throw the protection off from snipe." 

 Will the Doctor inform us who put in the law these words, 

 "Rail and other water fowl." Isn't it very jDrobable that 

 when the law was passed by our Legislature some other 

 persons besides Dr. Rowe and the Hon. L, B. Crocker had 

 something to do with formulating it? The Doctor also 

 states in his letter that snipe are not water fowl; that he 

 has said so a number of times heretofore in his paper. 



I am in receipt of a letter from the Forest and Stream, 

 New York, which says: "You are undoubtedly right on 

 the question of snipe being a water fowl." 



Mr. Turtle says: "Water fowls include ducks, geese, 

 swans, pelicans and any bird that alights in the water." 

 That proves my case. Snipe will alight in the water any- 

 where when they can wade. 



In answer to Mr. John Watson, I will quote the follow- 

 ing from the American Field, July 30: 



"In the last issue of the American Field I noticed in 

 the enipe discussion a statement that a 'wing-clipped 

 snipe placed in the water would drown before reaching 

 a shore 200 yards away.' I recollect that many years 

 ago, while I was shooting near Blue Island, 111., a large 

 yellow-legged snipe, being wing-broken, took to deep 

 water to avoid capture and swam for a long time without 

 any apparent fatigue. The distance was not any mea- 

 sured two hundred yards; but there was any amount of 

 reserved force left in the bird up to the time when the 

 muzzleloader was re-charged and the bird secured." — N. 

 Fergerson (Jacksonville, III ) 



Now I am not going to defend the writers of all the 

 dictionaries against Mr. Bond's statement, that they do 

 not know anything about birds. I am sure if he had a 

 single one to refer to, he would be very prompt to quote 

 it to sustain his case if it was on his side, but they are all 

 against him. 



I have said much more on this subject than I had in- 

 tended. As game warden, I am going to jorotect the 

 birds as much as lies in my power. My feelings have 

 been "lacerated" for years by Mr. Bond, while he was in 

 the game business, when he was in league with the 

 hide hunters of deer, elk, antelope, etc.; when he was the 

 principal receiver of thousands and tens of thousands of 

 trapped wild pigeons, until they were exterminated: 

 when year after year he was encouraging the trapping 

 of quail and prairie chickens in various parts of the West, 

 and the baiting and netting of ducks in Wisconsin, and 

 for years evading our game laws by keeping supplies of 

 birds out of reach of the law, from which he filled orders 

 at ail seasons. 



Now be has retired from business, he has ceased to be 

 a sportsman. He has not a particle of interest in the 

 game of our country. Game dealers are keeping their 

 promises fairly well and obeying the law. Sportsmen 

 are behaving themselves better than ever before known, 

 and game is being protected and everybody seems satis- 

 fied and happy, except Mr. Bond. From him there comes 

 a feeble appeal to dealers and sportsmen to fight the law, 

 to exterrninate the snipe and disregard the game warden. 



What is to be gained by any one following his advice 

 to "test" the law, I am unable to understand. 



Among all the persons who have spoken to me on the 

 subject, not one has shown such a spirit of quibbling and 

 malice toward the poor snipe as has been exhibited by 

 Mr. Bond. Maurice R. Bortree, Game Warden. . 



Chicago. ; 



The Utah Quail Law. 



MAYOB's Ops-ice, Circleville. O., Aug. 10.— iScMor Forest and 

 Stream: In y'>ur issue of Aug i, 1«93, you a^k tor an interpre'a- 

 tion ot this law. "Sec. 4. Any person who shall kill, pnsnare, net 

 or trap any quail, partridge, pheasant, prairie chicken, .sage hen 

 or grouse within the Territory of Utah hetween March l-n and 

 Aug. 15 of each year, or who shall kill, ensnare, net. or trap at any 

 time, any larV, whippoorwill. thrush, swallow, snow hird, hobo"- 

 lint, woodpecker, or other insectivorous birds, not being birds of 

 prey, except Enclish pparrows, and the bird commoTily known as 

 'Oalifornia quail,' ehall be guilty of a misdemeanor." 



There are evidently in Utah two birds known as ■'quail." One 

 designated simply as "quail" (the common "Bob White"), the 

 other as ' California quail." The const" notion ibat I placf upon 

 this law is that "quail" may be killed only from Aug. 15 until 

 March 15, and that "California quail" and "English sparrows" 

 may be killed at any lime without violating ar y of the provisions 

 of Section 4 of the law. In other worcis, this section of (he law 

 does not at any season of the year favor "California quail," but 

 treats them as outlaws. J, Whbeleh. Lotve. 



AN ACCIDENTAL DEER. 



While I was staying on a ranch gome twelve miles 

 from town, with my friend D.,he proposed that we hitch 

 up the buggy, take my Winchester and the shotgun and 

 see if we couldn't get two or three geese. The only way 

 we bunt them here on the piairie is to drive within 

 about 200yd8. of them as they feed, and shoot them — or 

 rather, at them — with a rifle. D ck proposed that we go 

 horseback, but as I had not lidden any for some six 

 months until the day before, when we had ridden all day, 

 I negatived his proposal on account of my feelings. 

 "Well," said Dick, "if you don't care to go horseback 

 we'll go in the buggy." This was a great concession on 

 his part, as like all ranchmen he has a mortal antipathy 

 to any mode of locomotion except by means of horse and 

 saddle. "You clean out my shotgun, as it's rather dirty, 

 and I'll go and get up the horses." He went on to the 

 lot, caught and saddled a horse, and as 1 came out on the 

 gallery to clean the gun (nearly all such woik we do on 

 the cool, shady porch of the house), he was riding off 

 after the horses in a gentle "lope," sitting, as only a 

 ranchman or cowboy can, with his body almost perpen- 

 dicular, his feet just touching the bottom of his sliriups, 

 and swaying easily with every motion of the horse. 

 After cleaning the gun I took it, the Winchester and a 

 jug of water, and placed them in the buggy. As soon as 

 D.ck penned the bunch he roped the bug^y horse and 

 between us we managed to hitch him up, but as he had 

 not been driven for Fome time, the first mile was a sort 

 of "go-as-you-please," and it was mostly his "please," 

 too. We got him righted in time, though, and drove up 

 along the creek toward the dam. 



As we came to the top of a slight rise covered with 

 scrub oak, the sun had just risen like a great ball of fire 

 and now hung, seemingly motionless, with its lower 

 edge just touching the horizon. Every twig, leaf and 

 blade of grass shone beneath bis rays, a,». though hung 

 with diamonds instead of dew drops, while their scintil- 

 lations almost concealed the forms of the twigs, I was 

 interrupted in my enjoyment of ihe Ecene by D ck very 

 calmly saying, "Yonder's a bunch of brant." Sure 

 pnough there, in front of us, about SOOjds. away, sat a 

 bunch of about fifteen brant; but alas for bumaii hopes; 

 before we got within 300yds. of them they fl<?w ci¥ down 

 the creek, quietly talking to each other in their own lan- 

 guage. We went on around the dam and across the flats 

 but "nary" goose did we see, so we struck out about six 

 miles across the prairie making a circle toward the ranch. 



As we were driving up a little swale covered with dead 

 fcrub oak, we jumped three deer out of the grass where 

 they had been lying. Deer generally feed in the early 

 morning, and why these were lying down I don't know, 

 but so they were. After running about fifty yards they 

 stopped to look at u£ — a buck and two does. I had made 

 up my mind that we cr uldn't get any closer, go I picked 

 up the Winchester and set the sight at JiaOyds., which I 

 judged was the distance, and holding fine on the shoulder 

 of the buck, I let her go. As the old gun spoke the deer 

 started otf at their usual "bur cb of si eel springs" gait. 

 Hurriedly throwing another shell into the gun I held, as 

 nearly as possible, about three inches over the buck and 

 fired again. Just after I did so the buck dropped his tail 

 and changed his gait into a sort of scrambling trot. He 

 didn't travel very fast, but it was just about as fast as we 

 could drive through the scrub, so I handed the gun to 

 Dick and told him to knock him down. We stopped the 

 buggy and he shot, knocking him over. We found when 

 we reached him that my first shot had gone through him 

 just behind the last rib and that Dick's had broken both 

 hips. I had not hit him at all at the second shot. We 

 found also that neither of us had a knife to bleed him 

 with, so we put him in the back of the buggy and started 

 for the ranch. He was a three-prong buck, but his bide 

 was very seedy and full of ticks. As soon as we reached 

 the ranch we cleaned and cut him up. 



Dick and I have disputed ever since as to whose deer 

 he was, some hunters claiming that the deer belongs to 

 the hunter whose shot hits him first, others the one who 

 hits him last. W. M. P, 



VrCTORiA, Tesas^ 



AN INCIDENT OF THE COTTONWOOD 

 FIGHT. 



In the Mountains of Washington.— £'dz^or Forest 

 and Stream: In your issue of the l4!h inst. Mr, S. S. 

 Norris gives the freaks of a bullet. It might be of some 

 interest to your readers to learn of the freaks of two bul- 

 lets that came under my observation in 1S77, during the 

 Nf z Perce Indian war, in the Cottonwood fight. 



F. A. Fenn had a bullet cut four holes in his pantaloons 

 without drawing blood, and one burnt both lips and loos- 

 ened a fi'ont tooth. This was kissing a bullet in reality. 



About one week later I was running a race with some 

 fifteen or twenty Indians, the goal was a small mound, 

 whoever reached the mound first could hold it. We had 

 some friends coming on the trail, which passed just at 

 the foot of the mound. The horse T was riding was quite 

 fast; I had got a hundred yards or so ahead of my com- 

 panion, and stopped to take a shot at an Indian. After 

 I shot I jumped on my horse, just as a young fellow came 

 up. We were on the move, when he said, "Lew, I'm 

 shot." I asked him if he was hurt bad. Hp said, "No, 

 I have caught the bullet,'" "All right," said 1. "Put it in 

 your pocket." 



I let my horse run, and soon left him, for I had, the 

 trail and the Indians had the grass. I reached the foot 

 of the mound, when the nearest Indian was about ISOyds. 

 from the foot on his side. The mound was tolerable 

 steep and about 150rt, high, I let my horse climb as fast 

 as he could. When I reached the top 1 jumped off; and 

 the Indians were on the run to get otit of the reach of my 

 long-range Remington. I opened fire and kept it up as 

 long as they were in sight. When the excitement was 

 over the young fellow showed me where he had been 

 shot. The ball had just grazed his aim, making a blue 

 streak about five inches long, and had strurk his gun 

 barrel (where it screws into the frame; and had raised a 

 dpnt on the inside of the barrel as large as a pea; it then 

 glanced and fell into his left hand. The gun was ruined, 

 but it paved his life. 



The shot had been fired at me, as the young ieliow had 

 not been in sight for an instant. 



I tell you those bullets that are out of those Govern- 

 ment gvins, with 70grs. powder and 45grs. lead, are 

 dangerous things to be kissing and catching. No, thank 

 you, I don't want to be around when there are any more 

 flying. _ Imw WlIiMOT. 



