70 



FOREST AND STREAM. 



[Jan. 27, 1894. 



fftfWf* and §>mi 



MASSACHUSETTS ASSOCIATION. 



The annual dinner of the Massachusetts Fish and Game 

 Protective Association was held at Young's Hotel, Boston, 

 Mass., Jan. 16, and was in all respects a most enjoyable 

 occasion. There were present more than one hundred 

 members, and among the guests of the evening were Gov. 

 Greenhalge, ex-Gov. Long, State Treasurer Marden, H. 

 A. Thomas and Rev. Charles Follen Lee. 



The banqueting hall was elabontely decorated with 

 game pieces and other reminders of the woods, and Mr. 

 Walter Brackett's salmon pictures adorned the walls. 



At the annual gathering the president usually delivers 

 an address reviewing the work of the year and the promise 

 of the future; and keeping up the custom, Pres. Wiggin 

 spoke as follows: 



Gentlemen of the Massachusetts Fish and Game Protective 

 Association: 



The cardinal principles of our organization are the 

 securing and enforcing of proper restrictions upon the 

 killing of fish and game; the introduction of new species 

 of fish, game and useftd birds, and the dissemination of 

 useful information relating thereto. The year which has 

 just closed upon us has been fruitful of events which are 

 of interest to our Association. 



It began with the usual contest over the Gilbert trout 

 bill, so-called, in the great and General Court. That bill 

 seems to be possessed of as many lives as the most vener- 

 able member of the feline race. It seems to thrive on 

 opposition. Twice, in spite of all opposition, it has passed 

 the lower House, and been defeated in the Senate; and 

 once it has passed both Houses, and received its quietus 

 in the veto of the Governor; but I trust that we have 

 heard the last of that pernicious measure, for the present 

 at least. 



Defeated in the Legislature, the author of that bill im- 

 mediately took measures to test the application and con- 

 stitutionality of the trout law in the Supreme Court; but 

 there, as in the Legislature, he was destined to defeat. 

 The Supreme Court has passed squarely upon two phases 

 of our trout laws. The two questions raised before the 

 court were these: "Does the law providing for a close 

 season on trout extend to trout artificially raised and 

 owned by a private individual? And is the statute con- 

 stitutional?" Upon the first of these question the court 

 says, after referring to the several statutes upon this sub- 

 ject: 



The object of air these statutes was to protect and preserve the 

 trout. The same statute which first forbade their sale also contained 

 the provisions upon which the present statute is founded, to encourage 

 their artificial propagation and maintenance. In order to make the 

 protection of the trout more effectual, it was deemed necessary by the 

 Legislature to punish the sale, during the close season, of all trout ex- 

 cept those which are alive. This was probably on account of the 

 difficulty in distinguishing between trout which had been artificially 

 propagated or maintained, and other trout. On the construction 

 contended 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 constitutional. The 

 importance of preserving from extinction or undue depletion the 

 trout and other useful fishes of the Commonwealth, has beeu recog- 

 nized 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 this Commonwealth, 1 and the Legislature may 

 pas* reasonable laws to promote it Such laws are not to be held 

 unreasonable because owners of property may thereby, to some 

 extent, be restricted in its use. It ha3 often been declared that all 

 property is acquired and held under the tacit condition that it shall 

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

 interests of the community. 



So far, then, our trout law seems to be safe. Let us 

 hope that our Legislature will let it remain undisturbed. 



In legislation upon our other fish and game laws during 

 the past year the results were equally gratifying to us, for 

 every measure which we advocated became a law, and 

 every measure which we opposed was defeated. I do not 

 wish to be understood as claiming that to the efforts of 

 our association these results were mainly due, for that 

 would be claiming too much, but I do feel gratified to 

 know that after so many years of opposition in our efforts 

 to secure the enactment of wholesome laws, we were at 

 last so nearly in harmony with the people's representa- 

 tives, or they with us, and I care not which way you 

 put it. 



Legislation for the protection of shellfish in this Com- 

 monwealth began as early as 1795, and for trout and 

 pickerel in 1822. Legislation for the protection of game 

 came later, the first law having been passed in the year 

 1839. From the earliest date to the present time great 

 progress has been made in the perfection of those laws, 

 and some of our ablest statesmen have not felt it beneath 

 their dignity to aid in this noble work. It is said that 

 Daniel Webster, just prior to his election to the U. S. 

 Senate, was sent to the Legislature from the town of 

 Marshfield, and served in that body for about ten days, 

 during which time he lent his aid in pei'f ecting the law 

 protecting the speckled trout. And we know that more 

 recently we are indebted to the earnest efforts of ex-Gov. 

 Robinson for those wise and stringent protective provisions 

 contained in the laws of the year 1869. When such men 

 as these are willing to lend their aid to the measures 

 which we advocate, we do not need to apologize for our 

 own existence. 



Our earliest laws were framed solely to protect the 

 fish and game, but in later years there has been a growing 

 tendency toward legislation favoring propagation to 

 supply the waste which is constantly going on. Our laws 

 to-day are in the main sufficient for the protection of both 

 fish and game, and I am confident that an enlightened 

 public opinion will in the end secure their enforcement. 



The great problem of the future will be to supply the 

 waste that is constantly going on. This field is broad 

 enough for both public and private enterprise. 



The restocking of our streams with trout and other fish 

 has already been entered upon by the Commonwealth, 

 but many of us feel that the work is lacking in that vigor 

 and push which should characterize a great and powerful 

 State like Massachusetts. Until last year she had no 

 public fish hatchery within her borders, where she should 

 have had at least a half a dozen. She was the leader in 

 her protective laws, and she should not now be found 

 lagging behind her sister States in making good this waste 

 in her food supply. 



The work of propagating game birds in this State has 

 hitherto been solely carried on by private enterprise, and 

 that, too, almost entirely by this Association, but the 



success which has attended our efforts has been far beyond 

 our most sanguine expectations. 



Since we began our work in this line three years ago, 

 we have liberated in more than sixty different localities 

 in the State, the following birds: Pinnated grouse, 751; 

 sharp-tail grouse, 146; Southern quail, 1,020; Arizona 

 quail, 832; Oregon quail 26; total, 2,775. We also liberated 

 87 northern hares, footing up to a grand total of 2,862 

 head of game at an expense of over $2,000. 



So far as we can learn these birds have bred as well as 

 upon their native grounds. If they have, the increase 

 must have been in the neighborhood of 15,000 birds. This 

 makes quite an addition to our game supply. 



One of the qestions which immediately confronts us is, 

 shall these birds be protected from wholesale slaughter? 

 In one of the recent reports of our committee on enforce- 

 ment of game laws I find the following: "As to snaring 

 cases, we have been utterly unable to secure evidence 

 sufficient to prosecute. There is no danger of our partridge 

 being exterminated by the gun in open season, or by the 

 depredations of vermin, but it is a very significant fact 

 that probably five- eighths of the birds which are brought 

 to our markets bear no signs of wounds." 



The frequent changes in our fish and game laws are a 

 great hindrance to the prosecution of our work. I do not 

 think I exaggerate when I say that those laws have under- 

 gone more than one hundred changes in the last ten years, 

 and some of them have now come back substantially to 

 what they were ten years ago. To prevent these constantly 

 recurring changes in this wholesale slaughter of our fish 

 and game, and to push on the work of increasing the 

 supply, in hearty co-operation with our State authorities, 

 will engage the energy and zeal of our Association in the 

 years which are to come. 



Witty speeches were made by Gov. Greenhalge, ex- 

 Gov. Long, State Treasurer George A. Marden and others. 

 U. S. Fish Commissioner McDonald wrote: "I feel a keen 

 interest in the objects of your association, and realize that 

 in your sphere you are as important for the improvement 

 of our fisheries as are the fish commissions. While arti- 

 ficial propagation is essential also, and should be con- 

 ducted on the most liberal scale, the work must be done 

 under the greatest disadvantage unless the results ob- 

 tained are conserved and made permanent by proper pro- 

 tection. To secure this we must look to such associations 

 as yours." 



AMERICANS IN SOMALI LAND. 



Sohaliland, Dec. 4, 1893.— Editor Forest and Stream: 

 As elephants are growing scarcer in Africa every day so 

 the reports of encounters with them are less frequent 

 than formerly. I therefore send the following account 

 of a good day's sport I had with the beasts, hoping it will 

 interest your readers. 



When we reached our present camp on the morning of 

 Nov. 29 we hardly expected good news so soon, as we 

 had had great luck at our last place. There we three, Dr. 

 W., L. S. and myself, Americans, and S. K., an English- 

 man, had shot two lions, two leopai - ds, one wart hog, one 

 wild dog and a hyena, and several varieties of antelope. 

 S. K. shot the two lions from a zereba in one night over 

 a donkey. 



However, we found on our arrival two reports of ele- 

 phants from different quarters. We immediately separated , 

 Dr. S. and S. K. going to the north and I to the south. I 

 met with no luck until Dec. 2. I was awakened at 4:30 

 A. M. by a great deal of loud talking in camp, and 

 presently my tent curtain was thrown back and a crowd 

 of black heads was revealed; as many voices told me I 

 must get my elephant gun at once. 



I found that some people from a village near by had 

 come to me with the report that elephants, "hundreds of 

 them," had just passed through their valley. I swallowed 

 a cup of cold tea and putting four biscuits into my 

 pockets started in pursuit. I took my four shikaries and 

 four horses, thinking, perhaps, to drive the elephants. 

 The whole village followed at my heels, much to my dis- 

 gust. I was shown the spoor and I made out that the 

 elephants were traveling rapidity. 



I will now pass over seven long hours' tracking under a 

 broiling African sun as not very interesting reading. 

 About 11:30 I observed a water hole about a mile ahead, 

 indicated by a grove of those magnificent trees called 

 "burray" in Somaliland. 



We were sure the beasts must be resting there. As the 

 large number of followers were making a great noise, 1 

 made them all stop and await me. I then advanced on 

 foot with my 8-bore doublebarreled rifle and one shikari. 

 I had just reached the woods when I was startled by snort- 

 ing only about 200yds. ahead. Making my shikari remain 

 where he was, as he was annoying me in his excitement, 

 I now advanced alone. 



There were the elephants, and plenty of them. I think 

 there were sixty in the bunch before me, big and little. 

 One mother with two little ones beside her not bigger 

 than donkeys, others standing from 7.£ to 10ft. high at the 

 shoulder, as I afterward measured. Some were lying 

 down and others flapping their great ears lazily, perfectly 

 oblivious to any impending danger. I took a good look 

 at them and then studied the wind and my chances for 

 escape if charged. Creeping up around a bush, I got 

 within 50yds. of the nearest, and taking aim at the one 

 with the longest tusks just behind the ear, I fired. 



Then I ran; you may be sure I ran, for the whole 

 woods seemed to rise up in protest. All this time there 

 had stood another lot of elephants just to the side of me, 

 that I had not seen at all. Down they came on me, 

 apparently from all directions. I had to dart around 

 bushes, first to escape one pair of great ears with uplifted 

 trunk and then another, until they could wind me no 

 longer. I then fired at one fellow, aiming at his ear a 

 little behind the meatus and had the satisfaction of seeing 

 him drop like a great lump of lead. Loading quickly I 

 fired both barrels at another behind the shoulder, wound- 

 ing him severely. He only made off as fast as he could. 

 I ran a couple of hundred yards and intercepted about a 

 dozen that were walking away at a quick pace. I shot 

 one of these at about 80yds. through the heart. He could 

 only stagger a few yards before he dropped. All his com- 

 panions came for me, screaming as loud as they could. 

 They could do nothing, however, as I had the wind in my 

 favor and could easily dodge them. I emptied two barrels 

 into one of them as he crossed before me at about twenty 

 yards, and then there was another case of "elephant chase 

 man." He could not scent me as I ran hard and dodged 

 behind bushes, but he persisted in his chase. Just at this 



moment my men all came running toward me, having 

 heard the shooting. 



On they came directly toward the wounded brute. I 

 shouted to them at the risk of having the beast charge me 

 again, but it was of no use. The elephant caught sight of 

 the men in their white sheets and was down upon one of 

 them in an instant. I had just time to fire, and by a 

 lucky shot I turned him toward me again. I shot him for 

 the fourth time as I ran around to get a broadside, and 

 this staggered him. He turned on his heels and walked 

 away in a groggy fashion. I was very much exhausted 

 by this time and would like to have rested, but my men 

 were shouting to me to come after an elephant I had 

 wounded and which was scuttling away. This was the 

 first elephant I had fired at while they were all standing 

 still. My shot had struck just over the heart, but whether 

 it penetrated the heart or not I never found out, as I had 

 no time to cut the bullet out. He showed wonderful 

 vitality, for it took six more bullets to bring him to bag, 

 and all planted about his chest. 



I had the assistance of my men now for the first 

 time. The shikari I had taken into the woods with me 

 ran off at the first charge. My men kept the elephant at 

 bay by riding around him until I got up with him. I 

 gave him both barrels at about 70yds. as he was charging 

 one of the riders, and for the first time missed one of the 

 shots. It was excusable, as I was out of breath from my 

 exertion. I was a quarter of an hour chasing this fellow, 

 which was the most vicious brute of all. I put five more 

 bullets into him. When I fired the last two I was within 

 25yds. of him, and, fortunately for me perhaps, I stopped 

 his career. I had fired eight times at him, seven of the 

 2-ounce bullets taking effect. I had now had about half 

 an hour's chase after firing the first shot, and it seemed to 

 me much longer, as I had been running constantly with 

 my 8-bore, weighing 161bs. 



The firing was no joke either, as I used lOdrs. of powder 

 to a charge. I used hardened spherical bullets. The 

 afternoon and next morning was spent in cutting out 

 tusks and looking up the two wounded elephants. As it 

 turned out all five elephants lay dead within a radius of 

 half a mile. Nothing could have been more satisfactory 

 to me. I had fatally wounded five elephants with no 

 assistance whatever and on foot. Only did assistance 

 come in finishing up the last beast, the first one I fired at. 

 I was also overjoyed to know that no animal had gone off 

 wounded. When I returned to camp the following after- 

 noon, which was yesterday, I found that Dr. S. and S. K., 

 who had left me four days previously, had found two lots 

 of elephants on two different days and had shot eight. 

 The first day Dr. S. killed four and S. K. two, and on the 

 second day, Dr. S. killed two more. 



As we talked matters over we all came to the conclu- 

 sion that we would let elephants alone in the future and 

 turn our attention to lions, koodoo and other game. We 

 could find more elephants, 'but we had all the tusks and 

 trophies we desired. A. Donaldson Smith. 



THE POWDER TESTS, 



Editor Forest and Stream: 



The powder tests carried out by me in con junction with 

 other disinterested parties, at Chicago and Carney 's Point, 

 and my report on the same, are naturally subject to the 

 laws which apply to ail human deeds and creations, 

 especially those of a public character— they are criticis- 

 able. . . 



I am far from denying to any one, and particulatly td 

 persons more directly interested in the results and affected 

 by my opinion, the right to point out to me any ahd alJ- 

 errors or omissions which, in their belief, have been made, 

 and to show that my conclusions were based on false 

 premises or shaped regardless of the latter. 



I was fully aware at the time that, notwithstanding all 

 efforts on my part, to do justice to all concerned and to 

 avoid, if possible, every cause for controversy, of which 

 I am not particularly fond, I should hardly succeed id 

 accomplishing this end, and I now find that my feat's itt 

 this respect were well founded. 



Mr. Justus von Lengerke takes issue with me on several 

 points in reference to the manner in which the tests were 

 carried out, and to the basis chosen by me for comparing 

 and judging the properties of the several powders. 



While I think I owe it to those who assisted me so ably 

 in carrying out the experiments, and to myself to answer 

 Mr. von Lengerke's letter, I shall, in performing this 

 unpleasant duty, confine myself mainly to that part of 

 his criticism which is intended to convey the impression 

 that I was prejudiced in favor of a particular powder, 

 that the instruments employed are either unreliable of 

 were improperly handled; and that the powders were not 

 treated alike. I shall not discuss with him the demerits 

 or merits of the several powders from a commercial point 

 of view. His communication proves that he did not rush 

 into print blindly. He evidently has given the subject 

 considerable deliberation, and has endeavored hard to 

 impart to his ably written comments the highest possible 

 weight. ( 



I further admit that his arguments breathe on the 

 whole a degree of fairness and of justice toward one with 

 whom he pleases to differ, as they are seldom found under 

 similar circumstances. 



I have given his arguments a careful study and the 

 attention they merit, and I regret that he has apparently 

 not treated my report in the same manner. Had he done 

 so I ought to have been spared the trouble of here travel- 

 ing again over a great deal of ground fully covered in my 

 report, and of replying to questions to which the answers 

 can be found in the same. 



Mr. von Lengerke has, as I know and as his commu- 

 nication proves, devoted much time to the study of the 

 nature and actions of gunpowders. He has acquired and 

 commands an amount of general knowledge in the 

 premises, rarely found by persons of his line of business' 

 and his calling. But his assertions and arguments like- 

 wise show that he either does not want to give to the 

 sportsmen the benefit of all he knows about the behavior 

 and nature of gunpowders, especially nitro powders, or 

 that, like for all of us, there is still a large field of obser- 

 vations and researches open for him before he can claim 

 to master the subject thoroughly. All those who have 

 had occasion and still better opportunities and facilities, 

 than he to go a little deeper into the mysteries of the 

 theorv of shot shooting, agree in the opinion that the 

 bottom of knowledge has not been touched, and that the 

 true character of nitrn pnw.li rs and the laws governing 

 their explusiou in a conGntd space have not been fully 



