208 



FOREST AND STREAM. 



[Makch 9, 1893. 



"PODGERS'S" COMMENTARIES. 



San Francisco, Feb. 25.— Editor ForeM. and Stream: 

 A few days only now rema,in of oui- shooting season, and 

 guns will be relegated to their closets and the fishing rod 

 wiU come to the front. March 1 ends all shooting and 

 fisMng opens April 1, by which time, as usual, the 

 farmer's small boy has raided every creek and stream 

 within fifty miles and caught the best fish. 



From long experience I am convinced that the only way 

 to preserve streams is to pass a law compelling every man 

 and boy within twenty miles of any trout stream to fish 

 three days a week and to begin March 1. 



It is only necessary to know that he is breaking a law 

 by not fishing and his soul wiU rejoice in breaking it, the 

 spirit of pure cussedness will keep him from going near a 

 creek. It is indisputable that more than half the fishing 

 out of season is done in a spirit of resistance to the law, 

 it gives a zest to the sport from that innate dispi^sition to 

 resist anything like being controlled or governed; it is the 

 same spirit that prompts people to screen criminals and 

 sympathize with them, and, as we all know how difii- 

 cult it is to convict a poacher in tlie community where 

 he lives, even when caught red-handed, and our laws are 

 simply made ridiculous and their enforcement a farce. 



It is a foregone conclusion that the illegal destruction 

 of game and fish wiU go on unchecked until extinct, and 

 then we will lock the stable door and kick up a great 

 hullabaloo. The dear x^eople, the scalawags that shoot 

 and fish at all seasons regardless of law, have more con- 

 sideration shown them than the man who pays the taxes 

 and regards the law. He is branded as an aristocrat, for- 

 sooth, because he wants what he pays for, while the man 

 who pays for nothing wants everything in sight and gets 

 it, law or no law. It is enough to make a sportsman sick 

 and disgusted and incline him to give away his guns and 

 do^, make bean poles of his fishing rods, to see the op- 

 position to legislation looking toward the preservation of 

 fish and game. Even here, where we pretend to be in a 

 measure a liberal-minded people and not under the con- 

 trol of rings, we have an element that parallels your 

 narrow-minded granger, and that is the vineyardist, who 

 wants the privilege of poisoniag quail ad libitum, be- 

 cause they eat a few grapes that he leaves to rot by the 

 ton if he can't get his price, and in any event the wastage 

 is ten times greater than a million quail could eat. He 

 never in his selfishness stops to ask himself who gives 

 him the crop anyway and what better right he has to it 

 than the birds. 



What suggests aU this moraMziag at the present moment, 

 is seeing in my last Forest and Stream reference to the 

 legislation going on in Albany in relation to game and 

 fish, and it so happens that we are at this time having the 

 same wrangle over our game laws. What we want, and 

 I suppose it is the same with you, is not more laws, but 

 fewer, and those obeyed. 



In consequence of the heavy rains we were treated to 

 the last of January and early this month, wildfowl shoot- 

 ing has been indifferent, in fact very poor, consequent 

 upon the vast area of water and overflow of the marshes 

 that scattered the birds far and wide, and so scarce have 

 canvasbacks been that a grand club game dinner had to 

 be given up, as the required number of birds could not be 

 obtained, something that never happened in this city 

 before. We always expect canvasbacks galore in Febru- 

 ary, and cheap; but this year we are eating other kinds 

 which are charged in the bill as the real article, which 

 answers all purposes; and, inasmuch as epicures seldom 

 know what they are eating ,and as long as it is the proper 

 thing to eat ducks raw, what's the odds? There are lots of 

 smarties here, and in your town, too, that think it low- 

 down business to drink California claret, that haA-e drank 

 nothing else, but as long as the label said it was French it 

 was swell. Those are the fellows that call for reed bhds 

 and get sparrows, and don't know the diflierence; and hj 

 the same token, when you pay for chicken salad at the 

 swell restaurants you get veal, with not the ghost of even 

 a feather put in to give it character. 



Speaking of trout fishing, we oldtimers who formerly 

 went but a few miles for a day's sport must now make 

 up our minds to go back iato the wilds, a matter of a 

 hundred miles, to get any fishing worth having, with 

 considerable attendant expense. AU our streams within 

 reach of the gentlemen that play smart and get their work 

 in early, have been fished to death, and the best ones, 

 because the largest, have been ruined by paper mills that 

 poison the water, and aU the law we can Ijring to bear 

 don't bother them a bit, they have a "pull" and defy us, 

 so we must go to Oregon or back in the unexplored 

 regions "way up North," so far away we can't get our 

 fish home, but when you get there what fishing it is! 



Speaking of game, our markets have been overloaded 

 aU winter with Mongolian pheasants from Oregon. Their 

 presence at this season being another illustration of the 

 manner in which game laws are regarded. The law allows 

 .shooting pheasants two months in the year — in the faU — 

 but thousands of these beautiful birds are being hunted 

 with dogs in the deep snow and run down and clubbed, 

 as owing to their long tails, which get snow-clogged, they 

 cannot fly and are easily taken, and are shipped down here 

 by the carload, as the home markets are over-supplied. 

 As many as 100 dozen Aver6 received here one day last 

 week. 



Such wanton destruction of this beautiful bird is simply 

 damnable (excuse my French). Where are all the 

 sportsmen of Oregon, and why do they permit this 

 slaughter to go unpunished and unnoticed? Where is 

 Judge Greene and other well-known sportsmen that 

 should be alive to the destruction of such valuable game? 

 It is to be hoped that this splendid game bird wiU work 

 its way south to our State, which is much better adapted, 

 as we have such a variety of winter climate that they 

 would have their choice. Again, we have a much greater 

 variety of feed. No doubt we shall have these birds 

 eventually, and when we do we will endeavor to protect 

 them from wanton destruction, although the liberal- 

 minded vineyardist may howl and want to poison them, 

 as they do the quail. It woidd not be a bad idea to pass 

 a law compelling these same gentlemen to drink the wine 

 some of them make. We should hear no more about 

 quail, or them either. 



I presume you can properly set this commimication 

 down as a growl, and evidently the result of being out 

 last night, but I deny the insinuation. I am only mad 

 and disgusted at seeing as I came through the market this 

 morning such quantities of ['pheasants hanging up await- 

 ing sale at less price than barnyard fowls, and no doubt 



large shipments have been made eastward. Would that 

 we had the right to shoot poachers, and that they were 

 always in season, I Avould go out gunning to-morrow for 

 the scalawags. 



Our beautiful springtime weather is at hand, and at the 

 present moment I am enjoying the bright warm sunshine 

 that comes pouring into my windows and the green lawn 

 in front with the first ' mowers of spring" peeping out, 

 while you, poor souls, are doubtless bundled up to yom- 

 ears and crmiching the frozen ice and snow beneath yoiir 

 feet. Serv'es you right for not living in a decent country. 



PODGERS. 



MASSACHUSETTS AND MAINE. 



It seems that the Gilbert trout biU of 1893, that is, the 

 bill to make the open season on trout in Massachusetts 

 begin on Feb. 1 or Feb. 15, as later proposed, has been 

 abandoned by lis friends. The force of remonstrance 

 was so great, over 3,000 signers agamst the plan of open- 

 ing the trout season so early, halving been obtained, the 

 friends of the Gilbert measure saw that their case was 

 hopeless. But they have not given up the fight by any 

 means. Mr. Gilbert has now gone back to his original 

 bill of last season; that is, a measure to give him the 

 right to sell artificiahy -raised trout in close time. It will 

 be remembered that this measure passed both branches 

 of the Massachusetts Legislature last winter but that it 

 was vetoed by Gov. Russell. Notwithstanding, the friends 

 of the trout in this- State believe that Gov. Russell would 

 again veto the bill should it pass this year, they will 

 fight the measure in both branches in order to o^jen the 

 eyes of the people to what Mr. Gilbert desires. Under 

 the improved sentiment created by the remonstrances, 

 so viddely circulated and signed, it is believed that the 

 measure may be defeated in either branch. 



Some of the friends of trout protection attempted early 

 in the season to see if a law could not be passed making 

 the close season begin Aug. 1 instead of Sept. 1, as now. 

 But this measure has not received the support of the 

 Massachusetts Fish and Game Protective Association. Its 

 advisers have considered it wise not to favor this measure 

 in particular, though believing that such a law would be 

 a good one. But it was considered that any attempt to 

 close the season earlier would almost certainly be coupled 

 with the measure of Mr. Gilbert. It would be the easiest 

 thing in the world, if the friends of the trout had pushed 

 the matter of closing August, for Mr. Gilbert a,nd his 

 friends to have asked that a month be taken off the end of 

 the close time. As it is, it now looks much better for trout 

 protection in Massachusetts, at least a year longer. There 

 is very little chance that Mr. Gilbert's present measure will 

 ever receive the Governor's signature, even should it get 

 through the House and Senate. 



In Maine the tendency of legislation on the subject of 

 fish and game protection is now toward the general law, 

 proposed by Gov. Cleaves. A measure providing that aU 

 the special protection asked for hereafter, on ponds and 

 streams, shall be referred to the Commissioners, is imder 

 fair headway, and will doubtless become a law. Sonif- 

 thing of the form of the measure is that special protec- 

 tion or special open seasons can be obtained only through 

 the Commission, the Commission to be petitioned by at 

 least ten residents on or near the water in question. Due 

 notice is to be given everj'body, either through the news- 

 papers or otherwise. The Commissionere are to appoint 

 a hearing, and then, if they deem advisable, they may 

 make rules and regulations affecting the special waters in 

 question, and these regulations become a part of the game 

 and fish laws of the State, with identically the same pro- 

 visions for enforcement. 



The proposition to make non-residents pay a Ucense fee 

 of $5 for the privilege of himting or fishing in that State 

 came from the Committee with four for it and four against 

 it. I understand that a bill has been reported in the 

 Senate, containmg the license provision. Sportsmen rea- 

 sonably look u^pon it as a very foolish measure, but it will 

 not be altogether opposed by prominent hunters out of 

 that State. I met a gentleman on Saturday who owns 

 many thousands of dollars' worth of cainp property in 

 Maine. He has annually visited that State for fishing 

 and himting for at least 30 yeai-s._ In the com-se of 

 conversation he remarked that the license proposal was 

 a very foolish one for Maine. "But," said he, "you 

 and I want it. Aren't you willing to pay $5 a year for 

 the sake of keeping everybody out? I would gladly pay 

 a license of ,|125 a year if it would keep everybody but 

 myself and a few of my friends away from our waters." 

 This is only one case. I met another wealthy Boston 

 sportsman the other day. He annually goes to Maine for 

 both himting and fishing. "It is a bad law for Maine," 

 he remarked. "The license is not high enough. It 

 should be $25 or $50; then it would keep the rabble out. 

 I would M^iUingly pay a license fee of $25 a year, but a 

 fee of $5 I object to. It will be paid by too many duffers 

 that we don't want there." 



The weather, 2 or 3ft. of snow on the ice, the ice 3ft. 

 thick, and almost impassahle roads to the lakes and ponds, 

 have made a rather hard season for the ice fishermen. 

 Tlie Maine papers have one or two accounts of fishermen 

 bewildered and nearly lost in the snow on Moosehead 

 Lake, where they had gone to fish for lake trout. Spring 

 and summer fishing should be good this year, for it is 

 certain that through all of New England there has never 

 been less of ice fishing than during the whole of February 

 and at least the first week in March. If the tremendous 

 body of snow stays a httle longer and then goes with a 

 freshet, as it will be very likely to go, the season for ice 

 fishing will have passed, with no fish caught. Nature 

 seems to favor the fly -fishermen this time. Special. 



I«fotable Shots. 



COFFEYViLLE, Kan., Feb. 26.— Editor Forest and 

 Stream.: In your issue of Feb. 16 I notice "Some Notable 

 Shots," where mention is made of two woodcock being 

 killed at one shot. Many old sportsmen can recall some- 

 thing of the same kind, not wonderful shots, but very un- 

 usual shots. 



While I was residing at Trenton, N. J. , and had my 

 kennels there, 1 spent at least half of my time himthig 

 over the best woodcock and ruffed grouse grounds in 

 America. It was a fall morning and the flight of wood- 

 cock had been good. On the same grounds ruffed grouse 

 would frequently get up and shoot toward the adjoining 

 hills, and a quick shot would catch them in their flight, 

 thus making a bag of different birds.^but the two best of 



all the game birds. A woodcock got up on the edge of 

 some alders and darted in. I shot, reloaded my gun and 

 went in to pick uj) my bird. Within two yards of each 

 other I f oimd two woodcock fluttering, certainly kiUed 

 by my one shot. I never saw but the one, yet my shot 

 killed the two. Where did he come from? 



At another time, in the Pinebrook Meadows, on a cold 

 spring morning, I saw a very remarkable shot made. 

 Jack snipe were very wild that day and would get up be- 

 fore you at long distances off, so that it was hard to get 

 even a fire. If I remember right it was a brother of 

 Scott Rodman who made the shot, but I saw it made. 

 He fired at a single snipe; at the same instant a snipe 

 coming from some distant part crossed and he killed the 

 two. I cordd tell of some very remarkable happenings of 

 what I have seen on my hunting trips and experiences 

 during my stay in the fields, and so can others, and if 

 they will relate them the "notable shots" will appear as 

 numerous. Al). Waddell. 



ONTARIO GAME AND FISH COMMISSION 



On Nov. 13, 1890, ten commissioners were appointed by 

 the Lieutenant-Governor "to make inquiries, take 

 evidence, and report generally, upon the game and fish of 

 the Province of Ontario, and the laws relating to their 

 protection." The members of the Commission were: Dr. 

 G. A. MacCaUum of Dunnville, chairman; A. D. Stewart 

 of Hamilton, secretary; Richard Allen Lucas, Robert G. 

 Hervey, John H. Wilmott, Walter S. Pulford, John Mit- 

 chell, Alex. H. Taylor, H. K. Smith, and E. W. Thomp- 

 son, the last of whom resigned on account of removal to 

 Boston. 



The report of this commission has recently been issued. 

 It is a large octavo volume of 483 pages besides numerous 

 illustrations of mammals, birds and fishes. 



The Province was divided into four districts, and each 

 of the districts was assigned to a sub-committee for the 

 purpose of the inquiry. Evidence was received from 

 hundreds of persons representing nearly all classes and 

 lists of questions relating to game and fish were answered 

 by practical sportsmen and others who could not attend 

 the meetings of the commissioners. 



The fists of questions are published, together with the 

 names and addresses of the persons who answered them, 

 and a summary of the replies. Upon the basis of the evi- 

 dence derived from witnesses and the answers to questions 

 sent out, the. commissioners recommended: 



1. The prohibtion of deer kilMng for five years in the 

 coimties south and west of the northern boundaries of the 

 counties of BruCe, Grey, and Simcoe, as far north as the 

 Severn River and the eastern boundary of Ontario. 



2. The limiting of the open season for deer so as to be 

 from Oct. IS to Nov. 15. 



3. The hunting of deer with hounds from Nov. 1 to 

 Nov. 15 only. 



4. That sportsmen be allowed to kill two deer each sea- 

 son, and no more. 



5. That foreigners be permitted to kill deer upon pay- 

 ment of a fee. 



6. That all dogs found running deer out of season should 

 be aUowed to be killed at sight. 



7. That wardens be appointed for the protection of 

 game and fish. 



The protection of moose, elk and caribou, which are still 

 illegally slaughtered, is strongly m-ged. 



The destruction of game birds for export to tlie United 

 States is almost incredible, according to the evidence, and 

 has led the commissioners to urge the prohibition of the 

 exportation of aH kinds of game from the Province. They 

 strongly recommend the abolition of spring shooting at 

 ducks and of duck shooting from sail-boats and steam 

 yachts. They would allow foi-eigners to shoot birds in 

 season upon payment of a license fee. The shooting sea- 

 son for all birds except quail they beheve should begin 

 Sept. 15 and end Dec. 15. The burning of marshes should 

 be forbidden, and permits for scientific purposes should be 

 limited in number and issued under stringent conditions. 

 ' They recommend a heavy penalty for trespass on priv- 

 ate game preser^-es. Shooting between sunset and sunrise 

 they would proliibit altogether. The wild turkey, in their 

 opinion, should be closely protected for a period of five 

 years. 



With regai'd to fish, the commissioners advise the es- 

 tablishment of hatcheries for trout and whitefish, the 

 abolition of pound nets, restriction of gill-net fishing, the 

 prohibition of winter spearing in certain waters, limiting 

 the weight of fish to be taken by camping and fishing 

 clubs, and the appointment of a permanent game and fish 

 commission. 



Game laws of the Province are given in detail, and also 

 the proceecHngs of the International Conference for the 

 purpose of procming uniform legislation concerning the 

 fisheries in waters between the State of New York and the 

 Dominion of Canada. 



Fully one-half of the bulk of the report is devoted to 

 chapters on the game and fur-bearing animals, the game 

 birds, and the fish and fisheries of Ontario, the last by 

 Prof. Ramsay Wright of Toronto. The accounts of the 

 mammals have been compiled chiefly from * 'Baird's Histoi y 

 of North American Mammals," and the information con- 

 cerning the birds has been derived "mainl}^ from the writ- 

 ings of Baird, Cassel, Wood, Nott, and the essays of W. 

 P. Lett. Some additional facts have been obtained also 

 from trappers and himters of repute. 



The report on the fish and fisheries is both entertaining 

 and instructive. It is to be regretted that the author could 

 not examine extensive museum collections of Ontario 

 fishes, as the number of species treated might have been 

 largely increased. 



Dr. HenshaU will be surprised to find himself referred to 

 as Mr. Henshaw on page 454, and if Hoys' whitefish knows 

 its own relations it wiU object to being placed in the same 

 gi-oup with the common whitefish. It belongs in the 

 series with projecting lower jaw. 



We are confident that further investigation will show 

 the existence of other kinds of trout in Ontario, besides 

 the lake trout and brook ti'out; a form of the salbling is 

 certainly to be looked for in the Province. 



On piate 30 the names of the several simfishes are all 

 transposed. The account of the nesting of black ba.ss con- 

 tains the statement that both parents protect the fry. The 

 rate of growth of the young is much more rapid in the 

 latitude of New York than it is in Ontario. 



According to Prof. Wright brook trout have been ob- 

 served to spawn in Central Ontai-io in August, thr^e wPnks 

 before the begiuping of thp close se-ason. 



