Forest and Stream 



A Weekly Journal of the Rod and Gun. 



Terms, $4 a Year. 10 Cts. a Copt. | 

 Six Months, §2. ( 



NEW YORK, FEBRUARY 23, 1893. 



j VOL. XL.— No. 8. 



I No. 318 Broadway, New Yore. 



For Prospectus and Advertising Rates see Page V. 



THE PHOTOGRAPHY AWARDS. 



Owingr to circumstances which have prevented 

 a meeting of the Committee we are obliged to de- 

 fer their report to our next issue. 



DISTRICT ATTORNEY NICOLL AND DELMONICO. 



An esteemed correspondent, who is a well-known clergj^- 

 man of this city, writes: 



It seems au utter farce to bave to seud direct to Newbiirgh for in- 

 (Tactions of the law by provision sellers of New York. There ought 

 0 be some one to look after these things iu the city. All such an 

 'fificer would have to do would be to provide himself with the price 

 •sts of butcher stores, meat markets, etc., and in every one of these 

 se would find game offered for sale at a regular price out of season, 

 t is very little use in enforcing laws in the country, when there is a 

 ■egular margin of profit offered to those who break them in the town. 



While this picture of illicit traffic in game in New York 

 3ity is overdrawn, there is no denying that the sale is ex- 

 sensively carried on during the close season. The business 

 ,s for the most part condu:cted, not openly and defiantly, 

 3ut discreetly, circumspectly, covertly, evasively and 

 jecretly. 



The failure of the machinery intended to suppress the 

 traffic may not be accounted for by the remote residence 

 of the District Game Protector, Dr. Willett Kidd, of New- 

 burgh. Dr. Kidd is an efficient, able, alert and active 

 official. The futility of his efforts in this city is due to 

 the fact that after he has done his duty, has secured his 

 evidence, has provided his witnesses, served his com- 

 plaints and brought his case to District Attorney De- 

 Lancey Nicoll, that functionary and his assistant func- 

 tionaries take turns in putting him oif with promises and 

 balking him with siUy excuses. It is simple enough and 

 easy enough, and expeditious enough to go out and secure 

 ample evidence that fashionable and so-called "high- 

 toned" restaurants are illegally serving quail and part- 

 ridge and woodcock, now, to-day, this very Thm-sday. 

 But with such a case made out by the protector and laid 

 before the District Attornej'^, heaven only knows when he 

 would try it, if ever. The chances are that it would be 

 smothered, as Mr. NicoU's office has smothered the notori- 

 ous Delmonico woodcock case. Protector Kidd has been 

 kept trotting back and forth from Newburgh to New 

 York for months and years, in shamefully fruitless en- 

 deavox's to bring to punishment this Fifth avenue server 

 of woodcock out of season. He could have done his duty 

 no more faithfully had he lived in town. 



The miscarriage of justice in such an instance as this 

 specific Delmonico woodcock case lies not in the i-emote- 

 ness of the residence of the protector; it is to be found 

 in the inaction, born of shiftlessness or incompetency, or 

 unwillingness on the part of District Attorney Nicoll to 

 try the case. As has been said before in these columns, 

 the evidence is good. The District Attorney is at no dis- 

 advantage because of the protectors residence. Mr. Nicoll 

 could not have better evidence, not even if in the course 

 of his dining at Delmonico's he himself, with his own 

 eyes, had there seen unla%vful woodcock served to guests 

 at neighboring tables — or at his own. Such evidence in 

 tliis city is open to all. But, unfortunately, the evidence 

 is useless, so long as the District Attorney, Avhose sworn 

 duty it is to execute the law, refuses to make use of it. 

 We repeat, and it cannot be reiterated too often nor too 

 plainly, that in their defiance of the game laws the New 

 York restaurant keepers are encouraged and emboldened by 

 the record of the District Attorney's office with respect to 

 Delmonico's. The parties responsible for this are the 

 District Attorney, DeLancy Nicoll, himself, and the vari- 

 ous assistants to whom the mis-conduct of the suit has 

 been delegated. 



At last accounts Assistant District Attorney Townsend 

 had the pa.pers in the pigeon-holes of his official desk. 

 If Mr. Townsend had conducted a case for a private client 

 as he has this one of the public his client would have 

 thrown him overboard in righteous disgust months ago. 



We think that the time has come to give a bit of the 

 inside workings of this Delmonico case, as we shall next 

 week; and it will be a revelation to some good people 

 who do not know the ways of the dingy building in City 

 Hall Park, but who fondly imagine that it is because we 

 have no resident protector that our game laws are not 

 enforced. 



Our correspondent I'efers to the futility of attempting 

 to euLorci ■ thi- game laws in the country so long as a re- 

 ward is uttered for their violation iu town. This is true. 



It is true not only with respect to the particidar game 

 killed for city consumption, but in a broader and far more 

 important sense with respect to the demorahzing effect 

 liad upon the rural community. For there are not want- 

 ing those, who, in the imequal execution of these statutes 

 find plausible ground for denotmcing them as laws made 

 for the poor -and defenseless, not for the rich and power- 

 ful. What answer can be made to that when your 

 grouse snarer who caj)tures the game is jailed, and your 

 citj^ caterers who buy and serve the game go free? 



It was the recognition of this aspect of the case that 

 prompted the action of the New York State Association 

 for the Protection of Fish and Game in the November 

 meeting of its Executive Committee when it adopted this 

 resolution: 



Whereas, It is a well-known fact that the District Attorney of the 

 cit5'- of New York has for two years failed to call the noted "Delmon- 

 ico woodcock case" to trial, though supplied with unquestioned evi- 

 dence of guilt, such delay being unnecessary and detrimental to the 

 efforts which are being made for an enforcement of the game laws; 

 therefore, 



Resolved, That this committee calls upon the Hon. DeLancey 

 Nicoll to forthwith bring such case to trial, and thereby show a will- 

 ingness if not a desire to enforce the game laws as he would enforce 

 other laws, thereby discharging a duty which he owes to the State. 



THE AQUARIUM AT THE WORLD'S FAIR. 

 The jpoiistruction of a new pump at the rubber factory 

 at College Point, Long Island, marks another step in the 

 preparations for the fish exhibit to be made at Chicago 

 by the U. S. Fish Commission. We have sketched the 

 collection of painted fish casts which tlie Commission 

 will show in the Government Building, and will now 

 outline the assemblage of living fish and other aquatic 

 life in the aquarium wing of the Fisheries Building. 



The aquarium proper is a circular structure 125ft. in 

 diameter. It w^as fitted up by the Exposition autliorities 

 at their own expense and turned over to the Fish Com- 

 mission for the j)urpo3e of making its aquarial display. 

 Tanks of various sizes, made of cement, slate, glass and 

 iron, fill all the available exhibition space of this build- 

 ing. Some of them are large enough to accommodate 

 the biggest fish that can be transported alive. 



Nearly one-third of the tank capacity will be devoted 

 to the salt-water animals and plants. The storage reser- 

 vou- for salt water, located under the main Fisheries 

 Building, is 46ft. 9in. long, 18ft. Sin. wide, and Sift. deep. 

 Near the roof of the same building there is a salt water 

 pressure tank, 30ft. 3in. around the middle and oft. deep. 



The rubber pumps for the circulation of salt water are 

 also under the main Fisheries Building. They will be 

 run by electricity. AU parts of the pumps and aU the 

 pipes and connections which come in contact with the 

 salt water are either made of hard rubber or are rubber- 

 lined, in order to prevent the pollution of the sea water 

 by products of corrosion, which would be formed if 

 metallic circulating apparatus were used. About 60,000 

 gallons of water will be required for the marine display. 



A very much larger quantity of fresh water will be in 

 circulation. It will be delivered under hydrant pressure, 

 filtered and conveyed through fine jets in a highly 

 aerated condition into the aquaria. The fresh water 

 aquaria vary in size; none of them are small, and one 

 approximates 40ft. in length. 



The aquarium is in charge of Prof. S. A. Forbes, the 

 well-known director of the State Laboratory of Natural 

 History at Champaign, 111. When he took possession of 

 the building he found the pipes of the fresh water system 

 practically wrecked by freezing in December, while sev- 

 eral valves in the salt A\"ater apparatus were bursted in the 

 same way. Owing to the delay caused by these accidents 

 it is scarcely probable that the sea water can be circulated 

 before March 10. 



Preliminary arrangements have been made for the 

 interior decoration of the building and for the introduc- 

 tion of rock, gravel, etc., into the tanks. Collectors are 

 now in Florida and Alabama accumulating water plants 

 for use in the fresh water aquaria, and additional plants 

 will be forwarded from the fish ponds in Washington and 

 other Eastern stations. Marine plants and other decor- 

 ative material are being brought together at Wood's HoU, 

 Mass. Later in the season additional supi^hes will be ob- 

 tained from various bays farther south by the steamer 

 Fish Hawk. 



Fish and other aquatic animals of the Mississippi Valley 

 will be collected chiefly by Dr. S. P. Bartlett, with 

 Quincy, 111., as a center. He can furnisli the paddle-fish, 

 •stm-geon, dogfish, many kinds of catfish, buflialo, suckers 



gizzard shad, fresh, water drum, crappies, basses, sun- 

 fishes, gar-pikes, toothed herring, pike, pickerel and 

 numerous other species. 



Mr. J. J. Stranahan is called upon to ship the lake cat- 

 fishes, suckers, rock bass, white bass, black bass, blob, 

 pike perch, sauger, eel-pout, sunfishes, minnows and the 

 curious water dog. 



There will be also many kinds of fresh-water fishes 

 from Washington and vicinity, whitefish and grayling 

 from the Great Lake region, mascalonge from New York, 

 sticklebacks from Cape Cod, and a great variety of marine 

 fishes and other animals from Cape Cod, the Chesapeake, 

 Beaufort and localities on the Gulf of Mexico. A won- 

 derfully fine effect is to be expected from the display of 

 living anemones, which are now thriving in the Fish Com- 

 mission building in Washington. Commissioner McDonald 

 has personally determined the conditions of success with 

 these beautiful animals, and will make the anemone grot- 

 toes an especially fine feature of the exhibit. In the same 

 way he has satisfied himself by experiments just what 

 can be done to the best advantage in the aquarium at 

 Chicago. 



As soon as the tanks are ready for the installation of 

 their contents the cars of the Commission will move from 

 various collecting points to Chicago. Additional aquarium 

 experts will be detailed for duty in Chicago, and in a com- 

 paratively short time visitors to the Exposition may look 

 upon a very striking and effective assemblage of inhabit- 

 ants of the ocean, the lakes and the streams. The marine 

 display is to include the important food and game fishes 

 of typical localities, besides many species conspicuous 

 either by reason of their gorgeous colors, or their gro- 

 tesque forms, or their singular habits. 



WILL SPEAKER ORISP BE DECEIVED? 



The speculators who are constantly striving to wrest 

 from the people their rights in the Yellowstone National 

 Park, stick at nothing to accomplish their bad ends. 



The Segregation bill which is now before the House has 

 passed the Senate. If it should pass the House, only the 

 President's signature would be required to make the 

 measure law, and if it once becomes law the northeastern 

 corner of the Park will be thrown open to prospectors and 

 skin hunters. The timber will be burned off, and the 

 game destroyed over a largej section of country which is 

 by far the best winter range in the Park for deer, elk, 

 buffalo and mountain sheep. One of the most attractive 

 regions in the Yellowstone country wiU be turned into a 

 howling desert, absolutely without life. 



While the best class of Montana's citizens are earnest 

 for the Park's protection, a certain class of speculatora 

 there desire to have this corner thrown open, even 

 though it means the ruin of the Park, and to bring this 

 about they have hired a lobby, which is hard at work in 

 Washington to-day. 



To attain the results so eagerly sought for, this lobby 

 has not hesitated to attempt to bunco the Honorable 

 Speaker of the House of Eepresentatives. The trick 

 which they have used ought, when exposed, to mean the 

 death of the Segregation bill, if not at the hands of the 

 House of Eepresentatives, at least when it comes before 

 the President. 



Last week a telegram was sent from Washington ■ to a 

 man in Helena, Mont., which reads as follows: 



Have Gov. Hauser and other Democrats wire Speaker Crisp that it 

 is important for the Democracy of Montana that the Segregation bill 

 be passed in the House Monday under suspension. If this pressure is 

 brought to bear Crisp will pass the bill. 



(Signed) P. J. Barr, 



In other words. Speaker Crisp, a reputable gentleman, 

 was to be imposed upon and used as a tool by these 

 wretched speculators, the bill was to be passed by trick 

 and device, and it was expected that the President of the 

 United States would approve by his signature a measure, 

 whose passage has been obtained by fraud, and whose 

 sole purpose is to enrich a little gang of speculators at the 

 expense of the whole public. 



It is not necessary for us to explain how we learned of 

 the desperate game that this lobby was playing, nor what * 

 measures have been taken to prevent its success. It is 

 enough to say that the facts became known to us, and be- 

 ing known and made public, the fraud intended to be 

 perpetrated on Congress, and on the people represented 

 by Congress, is not likely to be carried out. Even if the 

 bill should pass the House of Eepresentatives, the Presi- 

 dent may be refied on to stamp with his disapproval the 

 c onfidence game which the lobby has played. 



