^72 



FOREST AND STREAM. 



[March 81, 1894. 



waters of the State. The new code, absolutely forbidding 

 the use of a net for any purpose, and the enforcement of 

 that portion of it, has already proved the wisdom of such 

 legislation. The increased quantity and number of young 

 fry of all kinds that are to be found in our Jakes and 

 streams is abundant proof of our assertion, and if we can 

 keep the nets out and prevent the wholesale and indis- 

 criminate taking of fish by them, we can, in a short time, 

 restock these now depleted waters. In the counties of 

 Otter Tail, Douglas, Becker, Grant and Crow Wing, where 

 are to be found the greatest number of lakes, there reside 

 a large number of people who seem to think that the fish 

 supply will never be exhausted, and who, at all times and 

 seasons, have insisted on taking them, and that too, in 

 unlimited quantities and amounts. The wardens have 

 put in a great deal of work in that section of the State, 

 which heretofore has not received much attention, and 

 have endeavored to break up this practically wholesale 

 netting, and we are pleased to report that they have suc- 

 ceeded fairly well. 



In our efforts to prevent the destruction of game and 

 fish, we have carefully considered the different ideas and 

 methods suggested by the members of the board, and 

 those of others of experience, in handling this subject. 

 We have arrived at the conclusion that if we could 

 control the markets or control those who handle the game 

 and fish in quantities, and restrict the sale and quantity 

 of these articles, that we could the better protect the 

 same. 0 ur efforts have, therefore, been directed to shutting 

 off and controlling the marketing facilities in the large 

 centers of the State. But the law being new, and we not 

 having had it adjudicated by the higher courts of the 

 State, we have deemed it wise to "make haste slowly" 

 and have now several cases which are in process of ad- 

 judication. We have also accumulated evidence in a 

 great number of other cases, so that when judgment 

 shall have been rendered in those cases that are now in 

 court, and in case the judgment should be favorable to 

 the State, we will be in a position to take the action 

 necessary to put a stop to the illegal business of game 

 traffic, as now carried on in such voluminous measure. 



In the cold storage business as carried on in this State, 

 we recognize one of the greatest obstacles to the enforce- 

 ment of the law for the protection of game and fish of the 

 State. This business depending in a large measure for 

 its success upon the handling of game and fish for a profit, 

 it is a question of great importance to determine if it can 

 openly and flagrantly continue to act as a "fence" for the 

 use of the market-huuters and dealers in game and fish, 

 and the shipment of the same out of the State. For with- 

 out the facilities afforded by the system of cold storage, 

 there would not and could not be such a great amount of 

 this material handled. The quantity of these articles 

 handled yearly by these cold storage companies is some- 

 thing enormous, and by the reason of then- method of 

 conducting their business, which they realize is contrary 

 to law, it is impossible for us to ascertain accurately the 

 quantity handled. We are able only to approximate. It 

 is safe, however, to estimate that at least 4,000 carcasses 

 of venison will be handled and shipped out of this State 

 for the year 1893, and the number of birds we estimate at 

 40,000 dozens, or 480,000 birds, that have been handled in 

 this market since the open season began in July. This 

 includes duck, plover, grouse, partridge, woodcock and 

 pheasant, the larger paii; of which have been taken in 

 this State and killed. In addition to this, thousands of 

 ducks and geese, which have been killed in North Da- 

 kota, have been marketed and transported through the 

 game centers of St. Paul, Minneapolis and Duluth to East- 

 ern markets. A large quantity of this product is secured 

 ostensibly on the Indian reservations; and by those who 

 are professional market-hunters, who are employed by 

 dealers in that commodity, both in this and adjacent 

 States. It is the custom of these dealers to employ In- 

 dians and irresponsible white men and half-breeds, who 

 reside on the Indian Reservation, to do the killing and 

 to bring the material to some convenient point for ship- 

 ment to the dealers who reside in Chicago, or some other 

 large city outside of the State. The game is killed in 

 quantities and is frequently in quantities sufficient to 

 make carload lots, and is billed by the agent and shipped 

 out of the State by aid of the common carriers under the 

 name of anything else than its proper name. 



The question of such killing on the reservation and how 

 to handle and prevent it is one that is at present receiv- 

 ing the attention of this t board and of the game and fish 

 commissioners of several of the other States in which In- 

 dian reservations exist. This matter was brought up at 

 a recent conference of the game and fish commissioners 

 of the several States which was held in Chicago under the 

 auspices of the United States Government in October, 

 during the World's Fair, and the matter was deemed of 

 sufficient importance to bring it to the attention of the 

 Interior Department of the United States Government, 

 who alone have jurisdiction on these reservations, and 

 we trust that we may secure such action through that 

 department as will in the future shut out and shut off 

 the above named class of irresponsible game butchers. 



The common carriers doing business in the State, who 

 transport all this game from places where it is killed, 

 have not seen fit to endeavor to co-operate with this 

 board, nor to comply with the plain provisions of the law 

 applicable to them , although it was plainly, thoroughly 

 and fully set forth and made known to them through 

 circulars issued by this board, and through the game laws 

 which were put into the hands of each one of the man- 

 agers of the several companies from the time of the en- 

 actment of the law. They have seen fit to figure that the 

 small amount of money that they might receive from the 

 transportation of the game in and out of the State, con- 

 trary to law, was of more importance to them than such 

 an amount as they might receive from those who would 

 come into the State-to indulge in the sport of killing and 

 the consequent amount of money that they would neces- 

 sarily expend while here. 



Inasmuch as these game carriers refuse to recog- 

 nize the law, we were under the necessity of having 

 one of them indicted, and since indictments have 

 been secured, they one and all have manifested a 

 disposition to aid us very materially and energetically 

 in the enforcement of the provisions of the law. We 

 are able now to state that we have the hearty co-op- 

 eration of the officials of the express and many of the 

 railroad companies in our work. This has been evident 

 in the cases of one or two of the express companies who 

 have requested our executive agent to draw up such a 

 circular letter, addressed to the agents of their com- 



panies, as he wished, relative to the shipment and hand- 

 ling of game and fish, and they have given this circular 

 their official sanction and signature, and distributed it 

 among their employes. 



The difficulty is not so much with the official manage- 

 ment of the common carriers as with the subordinate 

 employes, and now that we have an understanding with the 

 officials, and have their aid and the promise that their in- 

 structions will be lived up to to tne letter, or that the 

 offending employe will be summarily discharged, we 

 have reason to believe that we shall meet with greater 



I success than we have heretofore even hoped for. 



I It is but justice to say that when 'the matter has been 

 thoroughly presented to and understood by the above- 

 named officials, and the position that they have unwisely 

 assumed toward the law has been made plain to them, 

 that they give us their hearty co-operation, particularly 

 so after we have given them to understand that it is our 

 intention to enforce the laws relative to the protection of 

 game and fish of the State through the common carriers. 

 A few examples of decapitation among the employes 

 will have a very salutary effect upon the balance of the 

 forces of the railroad and express companies. 



The sentiment in relation to the retention of the game 

 and fish of this State, within this State, for the use of its 

 citizens has grown and increased very rapidly, as it has 

 become known in what vast quantities it is being shipped 

 out for consumption in the Eastern States; for, as a 

 matter of fact, Minnesota, Wisconsin and North Dakota 

 furnish for the Eastern markets at least fifty per cent, of 

 all the large game consumed, and Minnesota alone con- 

 tributes a large percentage of the cheaper and coarser 

 food fish that are handled in St. Louis and Kansas City, 

 and points adjacent to these cities. 



One great source of trouble and annoyance that we 

 have experienced in the enforcement of this law, arises 

 from the refusal of the justices of the peace throughout 

 the State, to enforce the plain provisions of it. Many of 

 those who commit the offenses hold such community re- 

 lations, that the justices are loth to perform their plain 

 duties, and in many instances they presume to declare 

 the law unconstitutional, and do not even hold a prisoner 

 and give the State an opportunity to |prove otherwise. 

 The county attorneys have also in several instances looked 

 with disfavor on the enforcement of this law, because, 

 perchance, it may interfere with their political fortunes, 

 and they, therefore, have but feebly assisted our officers 

 in their prosecutions. 



Binghamton, N. Y. — Editor Forest and Stream: You 

 have surely sounded the keynote of the situation when 

 you say prohibit the sale of game. Some of my observa- 

 tion is in a way that I have not seen mentioned. Having 

 been in the restaurant business I can safely say that three- 

 quarters or more of those who eat the game would gladly 

 see the sale prohibited. I mention this to show how little 

 real demand there is for game, and were it not for the 

 profits to commission merchants and to those who serve 

 the game, there would be no selling. It is the few against 

 the masses. H. W. B. 



Asleep on Post. 



Ten summers ago I camped for six weeks on' a little 

 lake which is situated in Herkimer county, New York, 

 and which at that time was a veritable sportsman's 

 paradise. Little did I then think how near the day was 

 when the "summer girl" would drive us old hunters to 

 seek new lakes and forests. But alas, with the opening 

 up of that country by the railroad, it came only too soon. 



I arrived in camp that summer late in the afternoon, 

 and was not long in getting my duffle arranged and tak- 

 ing my place in the bow of the boat under a jack. But 

 luck was not with me, and for five nights I floated with- 

 out seeing or hearing a deer. I was then invited by a 

 neighboring party, to join them on Moose Eiver for a 

 day's hounding. I accepted, and was stationed on an 

 island just below where a runway crossed the river. I 

 shall never forget that day. It was so still and peaceful 

 that a hound's voice could have been heard for miles. 

 Not a cloud was in the sky, and the warm air heavily 

 laden with the scent of balsams and spruces, caused a 

 drowsiness to come over me. I lay down on my back, 

 well hidden in the long grass, and pondered over my 

 recent hard luck in floating. Suddenly my heart gave a 

 bound, for there was a splashing in the' water at the 

 lower end of the island. That's a deer at last, I thought; 

 but on looking I saw nothing but a flock of sheldrakes. 

 Again I lay down, and although I fought it off, the sleep 

 lost in floating soon asserted itself, and I dozed. In the 

 course of an hour I was waked up by more splashing, and 

 this time it was apparently very close. So, without 

 thinking, I jumped up, and there, not 15ft. away, stood 

 the most startled buck I have ever seen. I looked at him, 

 he looked at me; twenty seconds passed. My heart was 

 thumping against my ribs fifty pounds to a thump. My 

 rifle was at my feet, and that confounded deer trying to 

 look holes through me. But at last I stooped for my rifle, 

 and the spell was broken. With a whirl and a spring my 

 venison was vanishing down stream. Then the bullets 

 began to fly, but I verily believe that deer went faster 

 than they did; at any rate six empty shells lay at my feet 

 when that buck disappeared around a bend of the stream. 

 Perhaps the wasting of all that good lead was caused by 

 buck fever. I will not deny it, although I had hunted 

 and shot a good many de er before this buck took such a 

 mean advantage of me. I was looking for a deer ahead 

 of the hounds; not for one to sneak up behind me in that 

 fashion. But I learned a lesson, and since that time I 

 have never slept when watching for deer. Pekcival. 



A Townsend Wildfowl Sketch. 



The series of sketches, which we printed some time ago, 

 entitled "Among the Wildfowl," from drawings by Mr. 

 Wilmot Townsend, attracted much attention and admira- 

 tion from practical duck hunters. Mr. Townsend's ducks 

 are real ducks, the creatures actually seen in the air and 

 on the water. Mr. Townsend has just completed a new 

 drawing, entitled "Outside the Danger Line." It depicts 

 a flock of broadbills alighting; and the study of action 

 will readily be recognized by observing gunners as true to 

 the life. The scene represented is on a calm day, when 

 with nothing to alarm them, the ducks have concluded to 

 rest a while far from shore. The sketch depicts the action 

 displayed by the different individuals comprising the flock 

 as they pitch to the water. It is distinctly a Btudy of 

 broadbills, for other ducks have different methods of 



accomplishing the same feat'. The drawing has been 

 reproduced by the artotype process, the plate being 16X 

 21in. When Mi*. Townsend brought one in to us the other 

 day we suggested that some of our readers might like the 

 engraving. The edition is limited to 100. The price is 

 $3. We can supply it. 



No Punishment for Park Poachers. 



Along with the dispatch which we printed yesterday 

 announcing the destruction of big game in the Yellow- 

 stone Park, comes a dispatch to Forest and Stream an- 

 nouncing the capture by a Government scouting party of 

 a notorious poacher named Howell with eleven fresh buf- 

 falo skins in his possession. This arrest would be a mat- 

 ter for great congratulation if the poacher was likely to 

 be properly punished, but, as Forest and Stream points 

 out, there is practically no remedy against the perpe- 

 trators of such outrages, although the Government spends 

 considerable money keeping troops in the Park for its 

 alleged preservation. The stealer of a Government mule 

 would suffer much more severely and certainly at the 

 hands of the law than the destroyer of a part of the few 

 remaining buffalo on this continent. The Senate com- 

 mittee on territories will give a hearing next Wednesday 

 on a bill which will supply some of the legal safeguards 

 which the preservation of the Yellowstone Park requires. 

 It is to be hoped that in Borne way enough members of 

 Congress can be interested in this matter to secure favor- 

 able action. — New York Evening Post. 



A Button that will Do the Rest. 



Chicago, March 22.— Editor Forest and' Stream: Some time ago I 

 saw in a sportsmen's journal a notice, where the writer suggested that 

 a badge for sportsmen and lovers of rod and gun be gotten up, by 

 which, they might recognize each other, and the idea has taken me by 

 storm. When we see what a hard task it is to effect any national as- 

 sociations, owing to the utter impossibility to unite all interests of the 

 many States of our wide land, and when we see how important it 

 would be to see the grand army of sportsmen united and visible also 

 to the eye of the uninitiated, it'seems to me that some way may be 

 found by which this could be done, and I think here the way is found, 

 a badge, to wear which shall be a sportsman's pride, which shall at 

 once stamp him as one of a great creed of men who have at heart not 

 game destruction, as so many seem to think, but game protection, as 

 one who loves the game and will only diminish the supply when the 

 law allows it and when it will not tend to exterminate the species. He 

 who goes to the field and streams with this love for our game cannot 

 and never will be a game butcher and a game hog. 



I have, therefore, executed a design for a badge 

 -*sSffp16{&. and submit it to the American sportsmen as a token 

 '.sOg^. of good fellowship. It bears the motto "Protect the 

 Game." For a centerpiece I took the noblest of our 

 M came birds, "Bob White," he who is inhabiting our 

 EIB^J^M^P'HI broad land from the Atlantic- to the Pacific, from 

 \BiMs$£>*MfM& North to South, who, by bis cheery voice, bis gaine- 

 J&T Dess anc * beauty, ^ s known and loved by all who ever 



^^jjil"^ Permit me to state what I hope this badge may 

 accomplish: 



First— The closer acquaintance of sportsmen, who so often, when 

 out on the road, would like to meet another, yet do not like to broach 

 the subject to any one, and who, when they do see one, would only 

 too gladly receive all information they may want and which is always 

 so gladly given. They could recognize him at once, and we all know 

 wherever two sportsmen meet, open hearts and hands are waiting; he 

 sees himself among friends; for no club, no lodge, no association of 

 any kind brings men together so closely as sportsmanship will do; but 

 so often we do not know that maybe near us sits a man whose heart 

 beats as warmly for our beloved passion as our own and we pass by 

 him unknown. 



Second— Would not the sight of the badge on many a man's lapel 

 cause the public to inquire and see with wonder that the sportsman 

 recruits and comes from all walks of life, from palace and hut; and 

 seeing that one great impulse moves them all? Field sports will be- 

 come more popular, more respected and known, and the subjecs of 

 universal game protection will begin to interest those who now are 

 almost or totally ignorant of the matter, this would certainiy educate 

 our people to that end that they will begin to value the birds and. 

 beasts and fishes which inhabit our fields and streams, not as a matter 

 of commercial value, but because they furnish such recreation and 

 out-door exercise in their pursuit to their many friends, their husbands 

 and brothers; more noble indeed will be the wearer of the sportsmen's 

 motto to his friends. Proudly indeed would the happy father present 

 the emblem of love for nature to his son who now and through wear- 

 ing it is made to feel the importance that he is a companion to many 

 worthy men, how proudly he will try to be like them, and the boyish 

 idle ways of harrowing and killing of any small birds will be scorned 

 by him who now wears the sportsman's emblem. 



Third— Would not our legislators, when they see and notice every- 

 where the emblem worn by good citizens of all classes and trades, get 

 to understand the part that sportsmen may figure? Will they not be 

 more solicitous to their wishes, and be more cautious how the game 

 laws are being framed, because they can see then the power and great 

 number of us? As it is now, they might almost and do say, "where 

 and who are the sportsmen of the State? I see one now and then, but 

 that's all. They are not numerous, hence their wishes are neglected." 

 Many a great object has been achieved through comparatively small 

 and insignificant means, and I hope this little emblem may be one of 

 these small meanB through which sportsmen will be united for a noble 

 purpose. 



By way of explanation allow me to say that the badge will be the 

 size of a cent, and will be executed in heavy oxidized silver, raised let- 

 ters and bird, finished as sharply and finely as engravers' skill can 

 make it, I hope it will meet with general favor. A. M. Weinhardt. 



Chicago, HI. 



New York Game Legislation. 



Albany, March 22.— The Assembly yesterday passed Assembly Bill 

 No. 1209, which was introduced by the Committee on Fisheries and 

 Game, and embodies the substauce of such bills as have been approved 

 by them The chief provisions are as follows: Sec. 49 is made to read 

 as follows: Black and gray squirrels, hares and rabbits shall not be 

 hunted, shot at, killed or possessed between the 1st day of January 

 and the 1st day of September, except as provided by Section 174 and 

 except that in the counties of St. Lawrence, Franklin, Essex, Clinton, 

 Lewis, Warren, Hamilton, Herkimer, Jefferson, Monroe, Chemung, 

 Richmond, Fulton, Seneca, Ontario, Wayne and Oneida, rabbits may 

 be hunted, shot at, killed and possessed between Aug. 15 and March 

 15. The use of ferrets in the hunting of rabbits is hereby prohibited 

 in the counties of Onondaga and Orange. 



The open season for wild fowl is made from Sept. 1 to May 1, and 

 boats propelled by hand are allowed on the Hudson, below the Troy 

 dam. 



Mongolian pheasants are protected for three years. 



The trout open season is made April 1 to Sept. 1, except in Lake 

 George and counties of Lewis, St. Lawrence, Franklin, Clinton, Essex 

 Warren, Hamilton and Herkimer, where it is May 1 to Sept. 1. 



Salt water striped bass may not be caught less than Sin. in length. 



Sec. 115 is amended to reduce size of prohibited mesh from V%m. to 

 lj^in. bar. 



Sec. 140 is amended by repealing the clause permitting fyke nets in 

 Seneca river. 



Sec. 141 is amended to read: Pickerel, bullheads, catfish, eels, perch 

 and sunfish may be fished for through the iee, with tip-ups, in any of 

 the waters of the State not inhabited by trout, lake trout, salmon 

 trout, or landlocked salmon; and suckers, bullheads, eels and dogfish 

 may be caught at any time by means of rakehooks. grappling, hook- 

 ing:, spearing, and dipnets in any of the waters of the State, except in 

 Clyde River, in the county of Wayne. 



Section 149 provides that frostflsb and whitefish may be taken with 

 nets from inland fresh-water lakes at such times and in such man- 

 ner, and uuder such rules and regulations as the Commissioners of 

 Fisheries prescribe. The rules may be either general or special, at 

 the option of the board. 



Sec. 271, Sub-division ?, is amended to read: Where an act is pro- 

 hibited between certain dates, it is not lawful upon the date first 

 named, and is lawful upon the date last named, but when such last 

 date shall fall upon Sunday it shall be lawful to shoot, hunt or fish 

 on the preceding Saturday, as if that day was the date so named in 

 this act. 



The Forest and Stream is put to press each week on Tues- 

 day. Correspondence intended for publication shoidd reach 

 us at the latest by Monday, and us much earlier as practicable. 



