Dec 9, 1893.] 



FOREST AND STREAM. 



499 



SALE OF TROUT IN CLOSE SEASON. 



The Massachusetts trout law, Public Statutes, Chap. 91, 

 Sec. 53, provides: "Whoever sells, or offers or exposes 

 for sale, or has iu his possession a trout, land-locked'sal- 

 mon or lake trout, except aUve, between the first day of 

 September and the first day of April shall forfeit for 

 every such fish taken^in this Commonwealth between said 

 dates, ten dollars." [A subsequent enactment changes 

 the dates]. 



Mr. Win. L. Gilbert, a trout culturist, having caused 

 himself to be prosecuted for the saile of a trout reared by 

 Mm, carried his case up to the Supreme Court to deter- 

 mine whether the statute quoted applied to trout arti- 

 ficially reared, and to test its constitutionality. The fuU 

 text of the decision is here given: 



COMMONWEALTH OF MASSACHUSETTS. 



Boston, Dec. 4, 1883. 

 1 certify the annexed to be a true copy of the opinion of the Supreme 

 Judicial Court in the case of Commonwealth vs. Gilbert, decided on 

 the 28th day of November, 189.3. 



Geo. F. Tdcker, Eeporter of Decisions. 



Allen, J. — There are two questions in this case, namely, 

 whether the defendant's act was within the true meaning 

 of the statute forbidding the sale of trout; and, if so, 

 whether the statute is constitutional. 



1. The defendant contends that the penalty imposed by 

 Public Statutes, Chap. 91, Sec. 53, for selling trout does 

 not extend to the sale of trout which have been artificially 

 propagated and maintained. Whatever force this conten- 

 tion might have if Sec. 53 stood alone, a reference to other 

 sections of the same chapter and to the history ot this 

 legislation makes it clear that such trout are not exempted. 

 The chapter contains many provisions for the protection 

 ■of trout and other useful fishes, and amongst them are 

 those for the encouragement of their artificial propagation 

 and maintenance. No question is made that Sec. 53 is ap- 

 plicable to all other protected trout except such as have been 

 artificially propagated or maintained; as, for example, to 

 trout found in such small or great ponds and such 

 streams as are specially protected by the provisions of 

 Sees. 10, 12, 14, 23, 24, 27. By Sec. 26 it is provided that 

 ^'fishes artificially propagated or maintained shall be the 

 property of the person propagating or maintaining them; 

 and a person legally engaged in their culture and main- 

 tenance may take them in his own waters at pleasure, 

 and may have them in his possession for purposes prop- 

 erly connected with said culture and maintenance, and 

 may at all times sell them for these purposes, 

 but shall not sell them for food at seasons when their 

 capture is prohibited by law." A close season 

 for trout was fixed by Sec. 51, which has since been 

 changed by Statutes 1884, Chap. 171. Sec. 53 by its terms 

 imposes a penalty upon every person who "sells or offers 

 -or exposes for sale, or has in his possession a trout" except 

 alive, during the close season. Statutes have long existed 

 restricting the modes of taking trout, but the first pro- 

 ^sion making their sale punishable is found in Sts. 1869, 

 Chap. 384, Sec. 28. This, after modifications in Sts. 1874, 

 Chap. 186, and 1876, Chap. 221, Sec. 1, was re-enacted in 

 Pub. Sts. Chap. 91, Sec. 53. The object of all these 

 statutes was to protect and preserve the trout. The 

 same statute which first forbade their sale also con- 

 tained the provisions upon which the present 

 statute is founded, to encourage their artificial propaga- 

 tion and maintenance. In order to malie the protection 

 of the trout more effectual, it was deemed necessary by 

 the Legislature to punish [prohibited?] the sale, during the 

 close season, of all trout except those which are alive. 

 This was probably on account of the difficulty in distin- 

 guishing between trout which had been artificially propa- 

 gated or maintained and other trout. On the construction 

 conte ded for by the defendant the law could not be so 

 well enforced. In view of the provisions of Sec. 26, it 

 seems to us plain that the penalty imposed by Sec. 53 

 extends to artificially propagated trout. 



2. Nor have we any doubt that the statute is constitu- 

 tional. The importance of preserving from extinction or 

 undue depletion the trout and otlier useful fishes in the 

 waters of the Commonwealth has been recognized and 

 illustrated in many familiar statutes and decisions from 

 an early time. Such protection has always been deemed 

 to be for "the good and welfare of th's Commonwealth," 

 and tiie Legislature may pass reasonable laws to promote 

 it. Such laws are not to be held unreasonable because own- 

 ers of property may thereby to some extent be restricted 

 in its use. It has often been declared that all property 

 is acquired and held mider the tacit condition that it shall 

 not be so used as to destroy or greatly impair the public 

 rights and interests of the community. Many illustra- 

 tions might be cited where such resti-ictions on the use of 

 property have been held valid. But the cases are familiar. 

 The limitation is that the restrictions must not be unrea- 

 sonable. The Legislature may "make, ordain and estab- 

 lish all manner of wholesome and reasonable orders, 

 laws, statutes and ordinances, directions and instructions, 

 either with penalties or without; so as the same be not re- 

 pugnant to this constitution, as they shall judge to be for 

 the good and welfare of this Commonwealth." Con- 

 stitution Massachusetts. Chap. I., Sec. 1, Art. 4. The 

 Legislature may forbid the catching or selling of 

 iiseful fishes during reasonable close seasons estab- 

 lished for them; and to extend the prohibition so as 

 to include such as have been artificially propagated or 

 maintained is not different in principle from legislation 

 forbidding persons from catching fish in streams running 

 through their own lands. The statute under considera- 

 tion falls within this power. Commom wealth v. Look, 

 108 Mass., 452; Commonwealth v. Alger, 7 Cush., 53, 84, 

 85; Commonwealth v. Tewksbury, 11 Met., 55. 57: Cole v. 

 Eastham. 133 Mass., 65; Eideout v. Knox, 148 Mass., 368' 

 Bla^r v.^ Forehand, 100 Mass., 136; Phelps v. Racey, 60 



Verdict to stand. 



The liittle Star-Gazer. 



Editor Forest and Stream: 



At this date I fancy I shall hear no more of this curious, 

 rather rare and pretty little fish in consequence of the 

 publication wf my letter in Forest and Stkeam Nov. 18. 



A very intelligent correspondent, Mr. H. AUender, of 

 ■Greystone, Conn., writes that this fish was quite abimd- 

 ant in a brook in Cedar Hill Cemetery in Hartford 

 county sixteen years ago; that he had it in an aquarium 

 for SIX months, that these fish by their pectorals would 

 sastam themselves at times almost vertically on rock 

 work, and that they fed on auimalculiB and scraped beef. 



It is evident that the alimentation is peculiar, as they 

 are so quiescent, do not notice bait, or very seldom take 

 the hook. They lie still until touched, when they dart 

 very quickly. Sometimes they move about slowly. They 

 must feed naturally on minute organisms. 



Mr. AUender mentions that Fred. Mather has published 

 in a pamphlet issued by Forest and Stream the fact that 

 the Uranidea quiescens, as testified by Dr. C. Hart 

 Merriam, occurs in various streams of the Adirondacks. 



Two other correspondents seeing my letter in Forest 

 AND Stream have written to me about this fish. Mr. 

 Geo. S. Holmes, of Pawling, Dutchess county, N. Y., says 

 the fish is in several streams thereabout. Also Mr. J. M. 

 English, of Muncy, Lycoming county, Penn., has fre- 

 quently caught it in his minnow net. 



Altogether, therefore, we know of two localities in this 

 county, one in Connecticut, one in Hamilton county, 

 another in the more northern Adirondacks and one in 

 northern-central Pennsylvania. Is this all? 



Basgall, n. y. James Hyatt. 



Tlie Record Sawfish. 



I BEG to offer the inclosed photograph of a sawfish 

 caught by myself in Florida 

 waters during April, 18 9 3, 

 which is said to be the largest 

 yet landed with rod and reel, 

 having been gaffed in deep 

 water in the manner known to 

 tarpon fishermen as permitting 

 a record. The fish weighed 

 over SOOlbs., and was 14ft. in 

 length, the saw being 3|ft. 

 long, on which were 48 teeth, 

 all in perfect condition after 

 landing. The manner of catch 

 was as follows: While I was 

 lunching at midday in a row- 

 boat three miles above Fort 

 Myers, the bait was taken, 

 quietly at first, but after a run 

 of 20ft. the reel sang merrily 

 until over 500ft. of No. 18 line 

 had gone out, when tlie chase 

 was in progress that kept up 

 for six hours and a half, when 

 the boat had been towed six 

 miles from anchorage. A stout 

 tarpon gaff was used in 7ft. of 

 water, with which he was 

 towed ashore after much hard 

 pulling and cautious handling. The rapid movements of 

 the saw were at times uncomfortably close to the boat, 

 but no damage was done, and the claim is made for a 

 record for landing with rod and reel the largest fish in 

 Florida waters. E. H. Tomlinson. 



A Fly-Casting Challenge. 



New York, Dec. A— Editor Forest and Stream: In 

 reading over an article in the Chicago Tribune, 1 see that 

 Mr. R. C. Leonard of New York is designated as being the 

 champion fly-caster of the world. I am prepared to make 

 a match with him for any reasonable sum that may be 

 agreed upon, in salmon fly-casting. Rods limited to 20ft. 

 Length of casts, accuracy and delivery to count. Shoot- 

 ing the Une is prohibited, as that is considered not a fair 

 cast. The competition to take place on still water, which 

 i^ the only way to facilitate accurate judging on each in- 

 dividual cast. Jas. Kjress. 



Protector Northrup's Net Haul. 



Alexantjria Bay, N. Y., Aug. 29.— Protector J. North- 

 rup has just returned from a trip up Black River Bay and 

 Sacketts Harbor, with a capture of eighteen hoop and 

 gill nets. The weather was boisterous all the time he 

 was away or he would have gotten many more. They 

 set at night and draw by daylight. We find that the 

 netters are getting afraid of the law and dodge every 

 point possible. W. H. Thompson, 



Sec'y Anglers' Association of the St. Lawrence River. 



Spawning of Rainbow Trout. 



Grand Rapids, Mich.— In issue of Sept. 2 I see Mr. H. 

 Stewart, of Highlands, N. C, speaks of the rauibow trout 

 crossing with the fontinalis. Now, with us the rainbow 

 (SalveUnus iridcus) commences to spawn about March 7 and 

 the f07itinaUs not till Oct. 10. (These dates are from the 

 Paris State hatchery). Do the fish change their times of 

 spawning in different parts of the country? I can readily 

 see how the brown trout (JarLo) and fhefontinnUs may cross 

 as they spawn here at nearly the same time; but the crossing 

 of the iridens and fontinalis is a sticker to me. Please give 

 me what information you can on the subject. 



Although the rainbow are said to commence spawnin"" 

 here iu March they certainly are not all through by the first 

 of May, for May 1, 1893, I took a rainbow in the Pare Mar 

 quette River, a male fish that contained quite a quantity of 

 milt. He weighed 31bs. 7oz. dressed. The largest I have 

 known taken there weighed 51bs. 6oz. dressed, and was 2V-.4ia 

 in length, 5%in. in depth. We have the best success as'we 

 do in the brown trout fishing, at night, either with fly or 

 bait. 



If we can only stop the dynamiters, spearers, etc. (and we 

 have just convicted some of them), I think the Pere Mar- 

 quette River and branches will be the finest fishing waters 

 in the country, with its game fish— brook, rainbow and 

 brown trout and the grayling. Henry Perkins. 



In reply to a Michigan correspondent who asks about the 

 spawning time of the rainbow trout, I have to say that the 

 second year after these fish were introduced into the waters 

 of western North Carolina, I noticed the males on the spawn- 

 ing beds with the common brook trout in the month ot Jan- 

 uary, which is the end of the season for the spawning of the 

 latter fish, who are on the beds from November until a few 

 days after the new year. The next vear I saw them again 

 together still earlier, and Jthe next year I and one of my 

 friends both took some fish that^ve^e evidently hybrids, hav- 

 ing distinct marks of both kinds. 



I mentioned this to Colonel McDonald, the United States 

 Fish Commissioner, who thought I was mistaken. As the 

 rainbow trout have left the upper part of my stream and 

 have gone below a perpendicular fall of 90 feet, above which, 

 of course, they cannot return, I have seen no more of them 

 in this part of my waters, and consequently have had no fur- 

 ther opportunity of investigating this matter. 



But in the more recent reports it has been stated, just now 

 from memory I cannot state precisely where it has been said 

 that the rainbow trout have changed^their spawing season in 

 the East and go on the beds about the same time as the com- 

 mon brook trout do, and thus the question of the mixing of 

 the two species seems to have become simplified and made 

 quite possible. 



As environment has very much to do with the habits of" 

 all kinds of animals, and especially in regard to the season 

 of propagation, I think there can be little doubt that in such 

 a climate as that of North Carolina the hastening of the 

 spawning season of fish may very likely be accomplished, 

 jast as with our fruits, the winter apples of the North are 

 fall apples here and cannot be kept in gocd condition nearly 

 as long during the winter as in the North, 



Every student of natural history will have discovered, if 

 it has not occurred to him as a necessary corollary of the 

 vital functions of both animals and plants, as regards their 

 reproductive methods, that what may happen to one may 

 equally happen with the other, and thus, while our fruits 

 mature earlier than those of the North, so do our auimals, 

 not only fish but birds, and I have noticed the same with 

 sheep, whose lambs arrive often before the end of the year 

 and may be seen skipping about the pastures on Christmas 

 day, when in the North the ewes have all they can do to 

 keep themselves alive without burdening themselves with 

 the support of precocious progeny. It will also occur to 

 the minds of your scientific reader that even the human 

 race partake of this precocity in warm climates and are pre- 

 pared for marriage some years earlier than in northern 

 climates. Henry Stewart. 



For Central New York Waters. 



Syractxse, N. Y., Dec. 4.— Mr. Henry Loftie has placed 

 orders for fish fry in lakes and streams of this ^ncinity as 

 follows: For Oneida Lake, .50,000 muskallonge. Onondaga 

 Lake, 2.5.000 rnuskallonge. Otlsco Lake, 25,000 muskallonge. 

 Otisco Late, yU.ouu pike. Seneca River,' 50,000 pike. Seneca 

 River, 25,000 black bass. Onondaga Creek, 25,000 California 

 trout. Oneida River, 25,000 black bass. Peck Brook, Onon- 

 daga Valley, 15,000 brook trout. Mr. M. J. French has 

 placed orders for the Tully Lakes as follows: 50,000 pike, 

 25,000 muskallonge, 1,000 black bass. All these are for 

 waters in Onondaga .colmty. 



ienmh 



FIXTURES. 



DOG SHOWS. 



Dec. 12 to 15.— R. I. Poultry and Pet Stock Ass'n, at Providence. 

 Dec. 13 to 16.— Chicago K. C, at Chicago. G. H. Goodrich, Sec'y. 

 Dec. ao to 2-3.— Northern Ohio Pet Stock Association, at Akron, O. 

 H. F. Peck, Sec'y. 



1894. 



Jan. 2.3 to 26.— New Orleans Fanciers' Club, at New Orleans, La. G. 

 W. SenteU, Jr., Sec'y. 



Jan. 16 to 19 — Saratoga Poultry and Kennel Club, at Saratoga, N. 

 Y. L. W. Clute, Ballston Lake, N. Y., Sec'y. 



Feb. 20 to 23.— Westminster Kennel Club, at New Y'ork. James 

 Mortimer, Superintendent. 



Feb. 27 to March 2.— Columbus Fanciers' Club, at Columbus, O. G. 

 F. Mooney, Sec'y. 



March 7 to 10.— City of Straits Kennel Club, at Detroit. Mich. Guy 

 D. Welton. Sec'y. 



March 13 to 16.— Mascoutah Kennel Club, at Chicago, 111. J. L. 

 Lincoln, Sec'v. 



March 20 to 23.— St. Louis Kennel Club, at St. Louis, Mo. 



April 3 to 6.— New Eogland Kennel Club, at Boston, Mass. D. E. 

 Loveland, Sec'y. 



April 18 to 21 —Southern California Kennel Club, at Los Angeles, 

 Cal. C. A. Sumner, Sec'y. 

 May 2 to 5.— Pacific Kennel Club, at San Francisco, Cal. H. W. 



Orear, Sec'y. 



FIELD TEIALS. 

 1894. 



Jan. 1.— Southern California Field Trials, at Ontario, Cal. H. C. 

 Hinman, Los Angeles, Cal.. Sec'y. 



Jan. 15.— Pacific Coast Field Trial Club, at Salinas, Cal. J. M. Zil- 

 garif, Sec'y, San Francisco, Cal. 



Feb. 5.— Southern Field Trial Club's Trials, at New Albany, Miss. T. 

 M. Brumby, Sec'y, Marietta, Ga. 



Feb. 19.— United States Field Trials Club's Spring Trials, Grand 

 Junction, Tenn. P. T. Madison, Sec'y, Indianapolis, Ind. 



NEWARK DOG SHOW. 



Nov. SS to Dec. 1. 



There are several men in Newark to-day who look back 

 upon a week such as they never experienced before, and if 

 asked the que.stion if they liked it would scarcely know what 

 to answer. That the first show given by the New Jersey 

 Kennel League was a success they know and feel pleased 

 thereover, but Avhether the game is worth the candle is an- 

 other thing. It means much mental tear and wear for a few 

 heads, but we must say the Newark men stood up well, and 

 had a due appreciation of their position. The New .Jersey 

 Kennel League is a club of workers as the way they went 

 about with determination proves. 



The show that opened Nov. 28 was a good one; we won't 

 say it was the best ever held in Newark os far as quality of 

 dogs was concerned, but in management, and up to date reg- 

 ulations, and results it was far ahead of any previous efforts 

 when the old New Jersey Kennel League held the helm of 

 dogdona m New Jersey. 



In spite of cold water thrown liberally by some who should 

 have known better, it was well proved last week that Newark 

 naust take rank as a show town, and the Germans a good lot 

 ot tanciers. There was during afternoons and evenings a 

 capital attendance, and they were good people, too, the sort 

 of peo )le that give an cclnt to any gathering. The first three 

 days the weather was all that could be desired, but Friday 

 was a wet day, most of it, though in the afternoon and evert- 

 ing it cleared and the crowds came back again. The rain did 

 not trouble the management a great deal, for by that time 

 they were on the safe side, though of course they wanted all 

 the 'velvet" they could get. But when all was over they 

 looked happy— about -$500 worth the pre.sident surmised. 



The Industrial Hall is a poor building for the purpose- the 

 rniddle part where you cannot put any dogs is all right' but 

 the sides where most of the benching was is dark, and tow- 

 ards 4 P.M. it was almost impossible to see the dogs. Why 

 not light the lamps? one would say at once, but unfortun- 

 ately the hall is situated outside the dav circuit of the elec- 

 tric lighting system, and nothing could be done till the nio-ht 

 current flowed. The benching of course was done by Spratts 

 L'0..m then- usually efficient manner, and, contrary to previ- 

 ous experience in Newark, there was lots of straw and 

 plenty of food. It was a bad hall to disinfect as there was no 

 "lift" for the vitiated air, but Buchan's carbolic disinfectant 

 did its part well and did not make itself offensive in dolus it 

 as is too often the case at shows. ' 



There is one thing we must grumble about and that is 

 the benching of the dogs. The numbers were terribly mixed 

 and created great confusion. It is time this custom became 

 obsolete. It annoys every one, except the owners of dogs who 

 should give way in their selfish desire to make things easy for 

 themselves. The public demand an alteration. In taking our 

 notes we were often asked by visitors which was the winner 

 m a keunel grouped all together, without regard to their 

 proper numbers even there. This sy.stem, or rather lack 

 of system, delays the judging. We say nothing of the 

 trouble it gives the reporters; they are never considered in 



