May 18, 1893.J 



FOREST AND STREAM. 



427 



have -written aolely because I got the other. Most of the 

 readers will say, "It is none of your business;" but I 

 reason by analogy that, as I put up my spring gun on 

 account of a letter, at least one of my friends is going to 

 put up his gun on account of my letter, and in turn, one 

 of his friends is going to do the same thing! 



Let my friend, the great Ameriran logician, take note 

 that there are now not three of us, but four. We don't 

 think we know it all, and we don't insist on recruits, but 

 we don't believe our friend is going to kill 100 snipe just 

 because we refrain from killing 20 each. He can't kill all 

 our birds, that's nonsense. Some few of them will 

 wiggle through and get north, and breed and increase 

 and come back with families. 



This army grew from one to four since I sat down to 

 write. I know it, I am sure of it. Even though it be a 

 silent army, why should we not wish and hope to see it 

 grow, fourfould, and again fourfold, and many times 

 fourfold ? Let us be honest, let us remember that the 

 most pitiful of all dishonesty is when a fellow tries to 

 fool himself. Now, what we know is this: It does not 

 protect a bird to kill it, and some one else is not going to 

 kill the birds that we don't kill. 



An Interesting Suit. 



May 1£. — The Chicago Inter-Oc.mn, of May 10, has the 

 folio wing telegram in reference to the ToUeston Club, one 

 of the wealtliiest aiid best known sportsmen's organiza- 

 tions of Chicago: 



CRO^ra PoIlNT, Ind., May 9.— Green B. Smith, Attorney General of 

 Indiana, and Tliomas S. Wood, a promiuent attorney of this citj', 

 have begun a suit against tbe Tnlleston Club, of Cliicago, and divers 

 other fyarties, to recovei' about 4 0(K3 acres of land on tbe Little Cahi- 

 met River, in Lalte counts'. Tlie State claims that it has never sold 

 this land, while tbe defendants claim the land as riparian proprietors. 

 Tlie case was set down for trial yesterday and the State was ready for 

 trial, but the defendant" obtained a change of venue, audlJae case will 

 be pressed for trial by the State's attorneys for the June term of the 

 Porter county Circuit Court. 



The Tolleston is a Chicago club, with holdings in Indiana. 

 In this it is in the same category with such clubs as the 

 Mak-saw-ba, English Lake and others. Should this case 

 go against the ToUestons, similar suits could be brought 

 against the other clubs located on what are known as 

 the meandered lands, and the title of the latter could be 

 sent meandering. The ToUeston Club, however, is a 

 hard fighter, and usually knows what it is about. The 

 lower Indiana clubs need have no uneasiness for a while 

 yet at least. The Tolleston Club has won more hard 

 legal battles as to the rights of sportsmen and sporting 

 preserves than all the other clubs of Chicago together. 

 It will win this one, or go far with it. E. Hough. 



909 Skoukity Building, Chicago. 



Three and Five Year Close Times. 



Huntington, W. Ya.— Editor Forest and Stream: I 

 have just read the correspondence of "Juniata" in your 

 April 27 nitmber, which expresses the opinion I have long 

 held in regard to prohibiting the pursuit of game, especially 

 quail, for a successive number of years. I have just heard 

 that Ohio has passed a law preventing shooting quail for 

 five years. The cold winter, doubtless, fui-nished an ex- 

 cuse for a certain class who do not care to phoot and wJio 

 do not want any one else to, to liave a law as mentioned 

 above. Last fall quail were scarce liere, o\ving, 1 roaUy 

 believe, to the excessive heat of the previous summer, 

 which destroyed the germ of the egg, But, notwithstand- 

 ing the severe winter we haA^e had, I would be willing to 

 wager a ten doUar bill if I were a betting man, tnat there 

 will be more quail next fall than there were last season 

 if the coming summer should not be excessively hot. I 

 saw a vigorous covey of quail lately just outside the city. 

 People seem to be wonderfuUj- scared about the mortahty 

 of birds as a result of cold weather, but really their imagi- 

 nation has more to do with the matter than their observa- 

 tion or their reason. 



Now, particularly, about the laws of which "Juniata" 

 speaks, I assert that prohibition of shooting quail for a 

 number of years in succession is not only unreasonable 

 but an imposition. Suppose by the prohibition that quail 

 should become five times as numerous, what then? At 

 the end of tliat time all the hunters would be at fever 

 heat, and as a result of their long pent-up enthusiasm 

 there Avould be a slaughter of the birds commensurate 

 with the long delay the sportsmen had necessarily suf- 

 fered, and the number of birds would be brought down 

 to where it was before. Law makers, put this fact in 

 your pipes and smoke it, If, as the laws were in Penn- 

 sylvania and Ohio, there was any likelihood whatever that 

 quail would become extinct, there might be an excuse for 

 prohibiting shooting for a successive number of years, but 

 with the shootbig season short and tlie laws regarded it is 

 foolishness to suppose the prolific quail will be "played 

 out" if shooting is allowed once every year. Let there be 

 game associations to prevent trapping and shooting out of 

 season, a,nd let the people be educated to righteous prin- 

 ciples so that men will scorn to pull a trigger or cast a line 

 unlawfully; tlien no man could complain of an insufficient 

 amount of game from year to year. One great decimater 

 of the (luail is the mowing machine. I close by reiterat- 

 ing tiiat the three and five year law is not only unneces- 

 sary, but most unreasonable. Those who make that law 

 think they know, but they don't know. N. D. E. 



Snap Shooting in Cover. 



Ogontz, O.— I am an old man, and my shooting days 

 are nearly done. I keep two guns, one a full choke and 

 the other a cylinder. If I could combine the good qual- 

 ities as occasion demands in mixed shooting the gun so 

 secured would be a prodigy. I am a snap shot when tiie 

 occasion demands, and am as sm'e of my game as though 

 I had any amount of time to sight. However, that is an 

 acquisition that comes to one with many years of prac- 

 tice. In a 12-gauge open shooter I use 3idrs. powder and 

 a scant ounce of shot. No. 8 or 9, and if a bird gets up I 

 shoot if I see him witliout looking at my gun milefis I 

 have time to do so. In cover shooting we see our game at 

 close range or not at all. It is perhaps no great perform- 

 ance, but in my last eight shoLs at ruffed grouse I got 7. I 

 think sportsmen Avould get better results with good open 

 shooting guns and less ammunition than is to-day prac- 

 ticable wtth tlieir full ciiokes and so much Avaste of pow- 

 der and shot and so much hard kicking. I have shot all 

 sorts of chars:es and all kinds of shoulder guns, and mtist 

 admit tliat eiiinii;h is enougli and too much is superfiuous, 



1 iviiv the quail were greatly decitnated by the extreme 

 poJd weather in this vicinity. " M. M. B. 



The Colorado "Good "-Food Law. 



Denvek, Col., May 8. — Editor Forest and Stream: I 

 notice in your issue of April 27 reference to a change of 

 the word "food" to "good" in the new game law of Col- 

 orado. Such an error is unfortunate, for it may occasion 

 contention, although I do not think it possible to destroy 

 the eiSciency of the statute by such a change. The sec- 

 tion is as follows: 



Section 12. ISIo person shall kUl, wound, ensnare, trap or have in 

 possession any deer, elk or antelope or parts tbereof within this State 

 for anj' purpose whatever at any time, except that those deer, ante- 

 lope and elk which have horns may be killed and had in possession 

 between Aug. 1 and Nov. 1 of the same year for good purposes only, 

 and then when necessary for immediate use, governed in amount and 

 quality by the reasonable necessity of the person or persons killing 

 the same. * * * 



The section prohibits the killing of deer, elk and ante- 

 lope, or the having the same in possession. Then an ex- 

 ception is made. That is that those animals having horns 

 (that is, adult males) may be killed and had in possession 

 between Aug. 1 and Nov. 1 of the same year for ' 'good" 

 purposes only. Undoubtedly the intention was to con- 

 fine such killing and possession to the personal use (for 

 food) of the party killing the same, and I do not think 

 the stibstitution of the word "good" for "food" can 

 materially change the meaning of the statute, for all 

 parts of the section must be considered in connection 

 with the word "good." It is apparent from what follows 

 the word "good" that it was only intended to except from 

 the general prohibition against killing enough game of a 

 certain character to meet the personal wants of the par- 

 ties killing the same. 



Public sentiment will not tolerate the slaughter of 

 game in Colorado, and if the pot-hunters spent their time 

 and money and got nothing better than a substitution of 

 the word "good" for "food," I am confident that their 

 money and time was illy spent, and I am confident that 

 game will receive reasonable protection under the new 

 law. H. M. Teller. 



A Small-Bore Cartridge. 



Neav Haven, Conn. — I believe the time has come to in- 

 troduce a new small-bore cartridge which will more effec- 

 tively bring out the possibilities to be attained by such an 

 arm. It is generally conceded that the bottle-shaped car- 

 tridge has no advantages whatever over the straight shell, 

 while it possesses many positive disadvantages to the prac- 

 tical rifleman who wishes to use a combination of bullets 

 and charges in the same shell. 



With this end in view I liave just completed a model 

 .2ocal. shell which I believe will be the most powerful and 

 satisfactory cartridge of that caliber yet made in this 

 country, and inclose a scale di-awing and description of 

 same. ' It is intended to supersede the 20grs. bottle shell, 

 which is the only one now in use of that charge. 



It wiU have a proportion of about 1 to Si and 4 accord- 



The new cal. .25-35-100 c. f. cartridge, made expressly for the 



rifle. Shell 2yim. long, straight, using the SBgrs. and 98grs, bullet 

 (Ideal molds) and 35grs. Fg. Hazard powder (Ideal charges), Also 

 a round ball with light charge. Specially adapted to both hunting and 

 target practice. 



iiift- to the bullet used. The heavier bullet wiU be a very 

 steady-shooting one at long range, while the lighter one 

 will give a high velocity and exceedingly low trajectory 

 for hunting purposes. 



I understand that it was originally intended to have 

 the ,25cal. shell made straight, and that it was changed 

 to bottle-shape for the convenience of the manufacturers 

 and not because such was desired by riflemen. 



I have been told that it is no use for a cartridge com- 

 pany to make this new shell because there are no rifles to 

 use it. This is quite true. But what rifle company will 

 noAvbethe first ^^o chamber then- .25cal. arms for this 

 shell? W. L. Carpenter. 



It Is the Law in Some States. 



Easton, Md.— -BcZiifor Forest and Stream: Why would 

 it not be a good amendment to our laAvs setting a close 

 time for upland game to add a proAdsion that if any one 

 is found in the woods or field Avith dog and gun, or with 

 gun alone, going through the motions of hunting, that it 

 shall be prima-facie evidence that he was violating the 

 game law in regard to close time. 



In this section, although a good deal of shooting is done 

 in Adolation of law, it is exceedingly hard to get evidence 

 to convict. One may see a person hunting for partridges 

 with dog in field and all the paraphernalia for bird shoot- 

 ing, but if you do not see him shoot or shoot at a bird you 

 can do ilothing. Now if the above proposed section, or 

 something like it, were in force, you would be enabled to 

 get out a Avarrant and make the party prove that he was 

 not violating the close law. The mere fact of the power 

 to arrest would act as a preventive. 



I hope that you avIU not let the non-resident law sub- 

 ject drop. Sink Boat. 



Quail in Northern New York. 



Port Henry, N. Y. , May 8. — ^We have seen three large 

 bevies this spring of the quail left over from last fall, 

 being some hatched out last year from those that I turned 

 down a year ago. Have not looked for them, so there 

 may be more that have withstood the rigors of the north- 

 ern climate. This is quite remarkable, Avhen one sees the 

 account of so many quail being winter-kiUed in the South , 

 and stranger still one of these bevies I did not knoAv about, 

 and they hustled for themselves for food. W. C. W . 



Massachusetts Quail. 



Mr. J. A. Ewell, of Centre Marshfield, informs his 

 friend and gunning mate, Mi-. L. W. DePass, assistant 

 secretary of the Boston Chamber of Commerce, that he 

 has seeii five coveys of quail since the snow went oft' this 

 spring. The biggest one seen had some eighteen birds 

 in it. Special. 



Vermont Deer, Pheasant and Quail. 



E ctland, Vt., May 9. — Three deer were recently seen 

 in the town of Lincoln near the viUage, The law pro- 

 tecting them until 1900 promises to stock the State very 



thoroughly, as they appear to be increasing veiy rapidly 

 and are reported to be very tame. Some of the quail 

 mentioned in yotu' paper last fall as being seen near the 

 town of Bristol survived the extreme winter and are still 

 seen in that vicinity. 



The pheasant which Avere introduced by Dr. Webb at 

 Shelburne have become quite common about Bristol. 

 There is a close season on these birds for three years. , 



The new fish and game law seems to be very accep't- 

 ahle to most every one, although an occasional objection 

 is raised to the close season on black bass, which AA*as 

 extended to June 15. Those who know the habits of the 

 bass, however, are pleased with the new laAv. 



Wheelock. 



Wants to Know What He Is. 



I AM a comparatively poor man financially and have to 

 AA'ork hard to earn my living. Dm-ing the faU of the year 

 when it is possible for me to get away from work for a 

 day, I take a gun and go out for a shot at a partridge or 

 Avoodcock. I have no dog; can't afford one. Now, what 

 I want to know is this: Am I sportsman, sport or pot- 

 hunter? Probably on account of my not being overstocked 

 with this Avorld's goods and having to flush my own birds, 

 the cry wiU again be — pot-hunter. 



Straaa'berry Bank. 



The End of the Capercailzie. 



Westerly, E. L, May IL— Editor Forest and Stream: 

 The pair of capercailzie received last week by Hon. D. F. 

 StUlman have died, and on examination the birds were 

 found in very poor condition and completely coA-ered with 

 lice. The male Aveighed 6|lbs. and female 31bs. Eather 

 a discouraging ending of so commendable a project, and 

 I hope the gentleman Avill not be so discouraged as to 

 abandon the idea of introducing this wonderful bird. L. 



The Fish Laws of the United States and Canada, in th 

 "Oame Laws in Brief," 25 cents. In the "Book of the 

 " Oame Latvs" (full text), 50 cents. 



PROPERTY RIGHTS IN TROUT. 



Editor Forest and Stream: 



We are much interested in the trout question down here 

 on Cape Cod, although thus far the fastidious fellows for 

 the most part refuse to be interviewed on the ridiculous 

 plea of high water and cold weather. We are interested , 

 I say in the question of alloAving breeders to sell their 

 bred during the close season for wild trout. Your argu- 

 ments against any concessions are all sound, and for the 

 time being in the interest alike of trout and trouters. 



In considering the question, however, it is essential to 

 have an eye to the futm-e. Trout breeding establishments 

 are rare in the country at large. Probably Long Island is 

 the most densely populated of any neighborhood in that 

 respect. They ai-e, however, destined to increase in num- 

 bers as time goes on, and eventually there will be enough 

 breeders interested to create a lobby and bring uifluence 

 to bear. In other words, there is a question of individual 

 right in this matter that will sooner or later make itself 

 heard. 



The argument of the artificial breeders is not without 

 force. If I dig a pond in my dooryard and breed trout 

 therein they are just as much private live stock as are the 

 problematical chickens in my wife's prospective hen 

 house. I am strongly of the opinion that should I carry 

 the case to the United States Stipreme Court it would de- 

 cide that I have a constitutional right to sell AvheneA^er 

 my pupils are in a marketable condition (my friend, the 

 school teacher, says that this use of "pupils" is incorrect, 

 but I hold it to be right, inferentially at least, else why 

 do all the dictionaries give "school of fish" as good idio- 

 matic Enghsh?) 



Now had not we better take time by the forelock and 

 contrive a plan whereby artificially raised trout may be 

 marketed whenever they are "in condition," rather than 

 fight what may very likely prove a losing battle in the 

 end. 



Close seasons are very properly defined, Avith a Avide 

 margin in favor of the game to be protected. If people 

 would fish with some degree of moderation, the open 

 season for trout might be extended in both directions. 

 But they Avon't! The artificial breeder, on the contrary, 

 is bound by his own interests not to abuse his privileges. 

 He will kUl only as many trout as can be spared without 

 curtaihng the natural increase, and it certainly seems 

 rather hard if he may not do Avhat he Avill with his own. 

 Furthermore, if a plan can be devised for the marketing 

 of ai'tificially raised trout before the open season begins, 

 there would be less inducement perhaps for the pot fish- 

 erman to make a clean sweep of the streams for market 

 purposes after the season opens. 



I would suggest some such plan as this: Let the State 

 place a fight stamp duty upon all trout sold during the 

 close season. The stamps could be sold in sheete like 

 postage and revenue stamps, and atfijxed as wanted to 

 tags bearing the breeder's name and address. Each stamp 

 could be canceled by the breeder's signature or rubber 

 stamp, with date and hour if desired. The tag could be 

 wired to the trout as soon as taken from the water or as 

 soon thereafter as seemed good to the breeder. 



Poachers could of course have tags printed and buy 

 stamps if they choose to do so, but they would not choose 

 to any great extent, and if they did would be extremely 

 likely to come to grief in short order. 



Now, ilr. Editor, if you Jinow your business you will 

 be able to point out the weak points in this scheme. I 

 have purposely left a few for you to exercise your ingenu- 

 ity upon. My object is to suggest a possible way of recon- 

 ciling Avhat seems a legitimate and reasonable property 

 right with the true interests of sportsmen. 



Sandwich, Mass., April 21. ChAS. LedYARD NORTON. 



Wisconsin Muscallonge. 



Three Lakes, Wis., May 9.— I caught on May 8 two 

 maskaUonge, weight I41bs. and 271bs,, and seventy -nine 

 pike, weight of largest 8ilbs. Fishing Avill be good from 

 this out; Avater high, but lowering fast. F. E. F, 



