Sept. 1, 1894.] 
FOREST AND STREAM. 
187 
^tehqulinn unci Jjfisti fftotiictwn. 
States Owning Their Tide-Waters. 
Editor Forest and Stream: 
The Buzzard's Bay decision by the U. S. Supreme Court 
does uot appear to be the only one where the court held that 
the tide-water of a State belongs to that State. 
In Smith vs. State of Maryland (IS How. 71) the United 
States Supreme Court said: "Whatever soil below low- 
water mark is the subject of exclusive propriety and owner- 
ship, belongs to the State on whose maritime border, and 
within whose territory it lies, subject to any lawful grants 
of that soil by the State, or the sovereign power which gov- 
erned its territory before the Declaration of Independence. 
But this soil is held by the State not only subject to, but in 
some sense, in trust for, the enjoyment of certain public 
rights, among which is the common liberty of taking fish, as 
well shell-fish as floating fish. The State has a right to pro- 
tect this fishery by making it unlawful to take or catch 
oysters with a scoop or drag, and to inflict the penalty of for- 
feiture upon the vessel in this pursuit. Such a law is not 
repugnant to the Constitution of the United States, al- 
though the vessel which is forfeited is enrolled and licensed 
for the coasting trade under an act of Congress. Neither is 
it repugnant to the constitution, as interfering with the 
admiralty and maritime jurisdiction of the judicial power 
of the United States. Nor is the law liable to an objection 
that no oath is required before issuing a warrant to' arrest 
the vessel. That clause of the constitution refers only to 
process issued under the authority of the United States." 
Associate Justice Benjamin R. Curtis delivered the opin- 
ion of the court in this case, and among other things said; 
"The State holds the propriety of this soil for the conserva- 
tion of the public rights of fishery thereon, and may regulate 
the modes of that enjoyment so as to prevent the destruction 
of the fishery. In other words, it may forbid all such acts 
as would render the public right less valuable, or destroy it 
altogether." 
In McCready vs. Virginia (91 U. S. 394) the United States 
Supreme Court said: "The principle has long been settled 
in this court, that each State owns the beds of all tide- waters 
within its jurisdiction unless they have granted away. 
"In like manner, theStates own the tide-waters themselves, 
and the fish in them so far as they are capable of ownership 
while running. 
"For this purpose the State represents its people, and the 
ownership that of the in their united sovereignty. 
"The power over the fisheries remain under the exclusive 
control of the State, which has consequently the right, in its 
discretion, to appropriate its tide-waters and their beds to be 
used by its people as a common for taking and cultivating 
fish, so far as it may be done without obstructing naviga- 
tion." 
In Pollard's Lesse vs. Hagan (3 Howard 212) the United 
States Supre me Court said: "This right of eminent domain 
over the. shores and the soils under the navigable waters, for 
all municipal purposes, belongs exclusively to the States 
within their territorial jurisdiction, and they, and they only, 
have the constitutional power to exercise it." 
In Martin vs. Waddell (16 Peters 410) the United States 
Supreme Court said: "When the Revolution took place, the 
people of each State became themselves sovereign; and in 
that character hold the absolute right to all navigable 
waters, and the soils tinder them." A. C. Collins. 
Hartford, Conn. 
The Melbourne Aquarium. 
An illustrated official handbook to the aquarium, picture 
galleries and museum collections under the control of the 
exhibition trustees, Melbourne, has been compiled by Mr. 
James E. Sherrard. The Melbourne Exhibition Aquarium 
was opened in 1885 and was the first established in Austra- 
lia. Some useful experiments have been carried out by 
workers in it, pointing the way to further developments of 
the fishing industries of the colony. Mr. Sherrard's little 
handbook contains a large amount of information about the 
fish of Victoria and the aquarium equipment. He has made 
a number of experiments with a view to keeping fish alive 
in artificial sea water, but only with partial success. In 
sea water, prepared according to chemical analysis, the fish 
became blind and only lived a few days. In water brought 
up to a standard strength with refined salt made from sea 
water, the more hardy kinds of fish did very well, and in 
water made with SouthalFs sea salt the fish seemed quite 
as much at home as in their natural element. —Nature. 
gemtd. 
FIXTURES. 
DOG SHOWS. 
Sept, 4 to 7— Des Moines Kennel Club, at Des Moines, Iowa. M. 
Bruce, Sec'y. 
Sept. 10 to 14.— Toronto Industrial Exhibition Association, at 
Toronto. C. A. Stone, Sec'y. 
Sept. 10 to 14.— Pittsburgh A. C. Kennels, at Pittsburgh, Pa. A. A 
Batchelor, Sec'y. 
Sept. 18 to 21.— Rhode Island State Fair Association, at Cranston, R. 
I. W. W. Dexter, Sec'y. 
Sept. 18 to 21.— Orange County Agricultural Society, at New burgh, 
N. Y. D. A. Morrison, SecY s ^ 
Sept. 19 to 22.— Orange County Fair, at Newburgh, N. Y. 
Sept. 26 to 30— Stockton Kennel Club, at Stockton, Cal. John 
Hefferinan, Sec'y- 
Oct. 2 to 5 — Danbury Agricultural Society, at Danbury, Conn. C. 
M. Rundle, Sec'y. 
Oct. 30 to Nov. 2.— Terrier Show, by New England Kennel Club, at 
Country Club, Brookline, Mass. L>. E. Loveland, Sec'y, 128 Tremont 
street, Boston. 
FIELD TRIALS. 
Sept. 5.— Manitoba Field Trials Club, at Morris, Man: R. J. Gallaue- 
her, Winnipeg, Sec'y. 
Oct. 23.— New England Field Trjal Club, Members' Sweepstake. A. 
R. Sharp, Sec'y, Taunton, Mass, 
Nov. 6.— United States Field Trial Club, at BickneU, Ind P T. 
Madison, Indianapolis, Ind., Sec'y. 
Nov. 6.— International Field Trials, at Chatham, Ont. W. B. Wells. 
Sec'y. 
Nov. 23.— Eastern Field Trials Club, at Newton, N. O. W. A Coster, 
Saratoga, N. Y., Sec'y. 
Toronto entries close Aug. 29, with C. A. Stone, 
82 King street, Toronto, Canada. 
Pittsburgh entries close Sept. 3, with A. A. Batch- 
ellor, Box 357, Pittsburgh, Pa. 
Rhode Island State Tair Show entries close Sept. 
3, with W. W. Dexter, Sec'y, Cranston, R. I. 
Specialty Club Secretaries. 
A PROMINENT officer of the A. K. C, and also secretary of 
the Pointer Club, writes as follows in regard to our remarks 
on the duties and responsibilities of club secretaries: 
"I think you have rung a good sharp bell, the tinkling of 
which can not fail to call some one to his duty. Mr. Watson's 
article in the July Kennel Gazette to which you so sensibly 
allude in last week's Forest and Stream, is certainly excel- 
lent advice and worthy of adoption by us all. It is unfortu- 
nate that members of organizations in general usually con- 
sider their election to an office as honorary recognition; a 
sort of a tribute to superior merit, rather than one of respon- 
sibility and care. They don't consider they were selected to 
do something for the welfare of their club, its membership 
and the advancement of its objects. As for the position of a 
secretary, it is always accompanied with considerable cleri- 
cal work, and if the duties of the office are comprehended, 
oftentimes with much self denial. When the office of secre- 
tary of the Pointer Club was shouldered by me I had made 
up my mind that I would do just what you and Mr. Wat3on 
have pointed out as the duty of specialty clubs' secretaries. 
"In order to accomplish something in the right direction, 
the Pointer Club not only intends to keep the public posted 
as to its doings but will do more — keep its members informed 
of the executive meetings of the board of governors. There 
will be sent each member a copy of the minutes of all meet- 
ings. In this way all the legislation of the board of govern- 
ors will be on record before every club member, and in this 
way every plan and the intent of the board for advancing the 
purpose for which the club was organized, will be as gener- 
ally known as if each member was present. This plan is very 
necessary where the membership of the club is scattered all 
over the country. 
"I have so often heard the comment of persons when asked 
why they did not join a specialty club, or why they had 
dropped out, "Why what do we get out of it? We pay our 
dues, never hear of you, can't vote, never have anything to 
say, and it don't pay," Quite right. This state of feeling, 
which is not altogether mistaken, must be remedied in some 
way. What could be more perplexing and embarrassing to a 
thoroughly good dog man than to be placed in a position 
where he could not have an opportunity to say anything? 
"You will see that we realize that such a state of affairs is 
rather discouraging to the active success of a club, and so far 
as we can, intend to give all a chance to express their views, 
and play as well as pay. 
"There is no club, no matter how enterprising, that can 
afford to lock up its success in the councils of a few of its 
members, without a periodical exchange of views and the en- 
largement of the scope of the club and the interests of its 
members." 
This is the feeling that we have striven to generate, and if 
only one-half of the clubs respond, that half will reap the 
benefit that publicity of their doing* is sure to bring them 
and the breed they represent. The Collie Club recently issued 
a brochure containing the adopted standard, etc., but only 
one kennel journal has been favored with a copy of it for re- 
view. This club, which represents a pretty lively sort of dog, 
is evidently far behind the breed it seeks to help in making 
its presence kno wn. 
Kicking and Kickers at Field Trials. 
Editor Forest and Stream: 
There are so many kickers and the entries promise to be 
so small this year, the clubs may have to go down in their 
pockets to pay losses, which is causing the field trial clubs 
to think holding field trials is like Jordan, "a hard road to 
travel," The handler who never ran a dog before is kicking, 
claiming the clubs ought to give him "protection" against 
the old experienced handlers, who take advantage of their 
ignorance and do not give them all the tips in handling the 
older "artists" in that line know and have been years in 
finding out, and for which experience they paid dearly. 
The small kennel owners are kicking, claiming they can 
not compete with a few dogs against the large kennel with 
many dogs. The big kennels claim they purchase the best 
dogs of the small kennels to prevent the latter from beating 
them; the small kennels then win more money at the trials 
than they do. One large kennel owner said to me, "I offered 
a small kennel owner $350 for an unbroken puppy last 
spring. This large price did not purchase it. Through bad 
training and handling this puppy was unplaced. Now this 
owner is doing the most kicking against the big kennels." 
Owners protest when their dogs get sick and ask that the 
races be postponed until their dogs get well. If these own- 
ers but thought a moment what the consequences of estab- 
lishing such a precedent would be, we think they would 
withdraw such request, as it was made, no doubt, in the 
"heat of passion." Adopt such a precedent and every de- 
feated dog would have some one claiming it was sick and 
"they wanted a show for theirmoney." The owners of dogs 
that strained their legs jumping a fence or ditch or were 
stepped on by a horse or ran into a wire fence or got too 
much to eat would come up with a protest and "a show for 
their money," claiming a postponement of the trials until 
their dogs recovered. At the present rate, these demands 
are growing on the clubs, you will soon see purchasers de- 
manding the clubs put a price on all puppies for sale, or 
what owners must charge for the stud services of noted 
sires. We already have volumes of protests coming before 
the clubs from owners asking the clubs to put a price on 
training and adjust differences between some owner and 
trainer, or what part some owner is to have of the dog's 
winnings. Under a cry of "a show for their money" coming 
from owners, clubs have been forced to allow bitches in 
season to start in the trials. We now see an owner claims 
his dog was "smuggled in" and allowed to start in one of 
the trials. This dog's nomination was paid in regular order, 
his starting fee voluntarily paid and the dog took his chance 
on winning. The clubs had no power to prevent the dog 
starting after its starting money was paid, as stated. 
Neither was it a bitch in season. A demand was made on 
the club, after the dog ran and lost, for the return of the 
money paid, which the club very justly had to decline. The 
owner claims he "wanted a show for his money," basing his 
claim that he knew his dog had no chance in said club on 
general grounds. If we are to accept said owner's own 
statement claiming he knew two years before he had no 
show, etc., and then his dog starts and he "squeals" after he 
loses and demands his money back, we leave each reader to 
draw his own conclusions. This is the same owner whose 
dog won in other trials and we see in the papers the flaming 
stud card of this dog beating such and such noted dogs at 
the field trials. This owner jumps on the field trial club. 
His agent or himself could not make a mistake and pay for 
the dog's starting; it was the club that smuggled his dog in 
and paid the dog's entrance. The club is not demanding 
thedog's entrance money, itisthe owner demanding a refund 
of this money. We hear of no field trial club advertising for 
winners to come and get their money. Those getting the 
most benefits out of field trials are doing the most kicking. 
Perhaps these kickers, after they have throttled the field 
trials by their tirades against the clubs and, like Othello, 
find their occupation gone, will repent and say they did not 
mean anything, their kicks were made in the "heat of pas- 
sion." 
Your staff correspondent states— "There are many who 
are gentlemanly, whether they win or lose." The winners, 
he says, think themselves "indispensable." The gentleman- 
ly losers are getting fewer each year, judging by the amount 
of kicking indulged in; many have come to the conclusion 
field trial clubs are simply targets set up for them to kick at 
and furnish the "indispensable" ones with big money. I 
never heard of a field trial club declaring a dividend. I ■ 
have known several that went down in their pockets to 
make good the losses on their stakes to pay the "indispens- 
ables" their winnings. Field trial clubs are getting very 
tired of being a target for every disgruntled and defeated 
individual to kick at. Some may wonder at the decadence 
of field trials. Those conducting the trials, giving their 
time and money freely to the cause for bettering the field 
dogs of the United States, can read "the hand- writing on the 
wall" and explain it, too, p. H. Bbvson. 
Memphis, Aug. 18. 
POINTS AND FLUSHES. 
\By a Staff Correspondent.] 
The High-Class Doer. 
No expression used in field trial parlance is more abused 
than the term "high class." Its misuse has brought odium 
on the field trial dog. The trials having nearly all become 
almost entirely commercial or mercenary, there was a strong 
tendency to have a dog appear as high class for the sake of a 
sale, and if he had a few of the more apparent qualities, such 
as nimble heels and a dashing carriage, with a little sprink- 
ling of bird work, there were some trainers whose claim of 
high class was sure to be forthcoming. 
As the field trials begin next month, a brief consideration 
of the high-class dog and his imitator or spurious brother, 
may be opportune. 
It has been held that, by some vague distinction, there is a 
wide difference between the "plug shooting dog" and the 
"high-class" field dog. A good field dog should possess the 
qualities of a high-class dog, and the latter should possess 
the qualities of a good field dog. 
It has been held that a field trial demonstrates the quali- 
ties which are desirable for breeding purposes and which 
breeders seek. As trials have been conducted, they do not do 
so, for they put the stamp of approval on too many bogus 
high-class dogs. Of course the query naturally arises as to 
what constitutes the pretender. 
To make the distinction more readily apparent, a few re- 
marks on the genuine high-class dog will be helpful. He is, 
first of all, what is commonly called "level-headed," which 
is but another term for intelligence and ready good will and 
steadynerves in working to the gun. Tn actual work, when 
trained, he needs no prompting or helping in doing it, for he 
has a knowledge of all the details and how his own efforts 
should fit with those of the shooter and make a joint success 
in bringing the game to bag. He has a keen perception at 
all times of what is required, and is diligent and skillful in 
executing it. Instead of doing his work in a set mechanical 
manner, he intelligently conducts his efforts to conform 
with advantage to the ever-changing conditions of wind, 
ground, etc. He chooses his range and beat^ out his ground 
with quite as much judgment as if his handler planned it 
for him— often better. He approaches likely places so as to 
give his nose the widest possible advantage of the wind, and 
at the same time approach the birds without alarming 
them. When going from one likely place to another he does 
not stop using his nose while increasing the use of his heels, 
but takes such a course as will cover the intermediate and 
less promising places, and works diligently with his nose 
always. He locates his birds with quickness, accuracy and 
self-confidence, a result of a knowledge of how to take ad- 
vantage of the opportunities; and a good brain, an essential 
in which many field trial dogs and modern dogs are lacking, 
as shown by excessive nervousness and what is commonly 
termed "rattle-headed." 
Of course, the functional powers of the nose of the high- 
class dog are perfect. In pointing he stands neither too far 
from his birds nor too close to them. It may or may not be 
a credit to a dog's nose to point a bevy one hundred yards or 
more away— sometimes they appear to be pointing the bevy 
when they really are pointing the footscent — but such point- 
ing is no credit to the dog's judgment. However, the act 
may be due to a loss of self-reliance following ill-considered 
punishment. 
The bogus high-class dog has a nimble set of heels and 
generally a wide range which he conducts in an ill-regulated 
manner, for in most instances he is shallow mentally. His 
handler gives him a deal of prompting and it is laborious to 
handle him. In fact, such dogs owe their fame to the sup- 
plementary efforts of their handlers in glossing over their 
weak intelligence and imperfect work. 
In our trials a handler is allowed every liberty in hand- 
ling his dog, and whether the dog did the work or the dog 
and the handler jointly did it it is generally credited to the 
effort of the dog. 
No dog should be permitted to receive unreasonable 
assistance from his handler, or, if the handler can not be 
restrained, the value of the work should be rated at its true 
worth. For while it is impossible to conduct field trials in 
the manner of an ordinary day's shooting, it is not impossi- 
ble to require a dog to do the details of his work as would 
be best for actual sport afield. 
As before mentioned, the imitation dog is always speedy 
and nearly always of shallow intelligence, though he may be 
intelligent but a willful, self-hunter.requiring most distress- 
ing effort on the part of his handler to keep him within 
proper limits and control,while trying to make a good show- 
ing. When such dogs are sold, after a high-class (?) per- 
formance at a field trial, the new owners, not being familiar 
with all the peculiarities and natural deficiencies of the dog 
on the one hand, and on the other the many makeshifts, 
physical effort and uncertainties in handling him, obtains 
most unsatisfactory results, and a highly unsatisfactory 
opinion of field trial dogs of the "high-class" degree. 
The skillful trainer, or rather onewho knows how to make 
the greatest favorable showing out of such defective material 
as he may have in charge, can so direct the dog's range and 
gloss over his deficiences that no one but an expert can dis- 
cover all the little attempts to patch over errors and covert 
efforts to help the dog in the details of his faulty work. In 
ranging, the dog goes out boldly and swiftly, but the handler 
must keep his eye on him constantly, and direct him, by 
whistle and signal, from one likely point to another. The 
dog may be usinif his nose part of the time. Most of his 
work is mechanical. He may have a comprehension of some 
of the commoner details, but he relies almost wholly on his 
handler for help in the general management. On birds, in 
most instances, his work is imperfect. If he happens to 
come on a bevy with all the conditions favorable, 
he may make a dashing show, and if his attitude 
is spirited and stylish, it is sure to be called a high-class piece 
of work, and many condone a number of blunders afterward. 
But if he happens to hit the trail of the bevy and makes a 
rigid point on foot-scent, the handler, who can tell by the 
dog's eyes and attitude that he is not on a true point, gives 
him a quiet cluck and the two walk on together. The dog 
may stop and make a number of points, going on when 
prompted; but when he at last points more rigidly, feathers 
more, and his eyes become intensely full and glistening, the 
handler knows then that the dog has the body scent, is near 
the birds, and that it will be safe to go forward to flush. On 
single birds, if the handler has been careful in marking them 
down, and if the dog points near them, the handler is almost 
sure to flush a single bird. Many dogs, owing to shallow 
brains, are defective in their work on birds. 
In short, the patched-up field trial dog, often apparently 
half broken— finished training would spoil him since he 
would become wholly mechanical and inefficient— or the self- 
hunter, which, owing to his peculiar disposition, works to 
the gun under compulsion, has lowered the prestige of the 
true high-class working dog, and has done more damage 
thereby to his reputation as a desirable performer, than years 
of proper effort can mend. The desire for revenue has stim- 
ulated the effort to make a "high-clas3" dog out of what are 
really the plug dogs whose deficiencies have been plugged by 
the efforts of his handler and the lax system which permits 
the joint work of handler and dog to score. B. Waters. 
909 Security Building, Chicago. 
The Forest and Stream is put to press each week on Tues- 
day. Correspondence intended for publication should reach 
us at ths latest by Monday, and as muoh earlier as praeticabk, 
