Sept. S, 1864.] 
209 
tgtehcfiltnn and JfvJt QvoUction. 
New York Game Legislation. 
The Senate investigating committee on the game laws 
held a session this morning at the rooms of the Chamber of 
Commerce. The members of the committee, all of whom 
were present, are: Senator H. J. Donaldson, of Ballston, 
chairman; Senator John L. Childs, of Floral Park, L. I„ and 
Senator Guy, of New York. Charles S. Burns, of New York, 
the clerk of the committee, was in attendance to record the 
proceedings of the committee. Among others present were 
Messrs. W. F. Balkam, A. B. Lamberton, Frank J. Amsden, 
Senator Cornelius R. Parsons, Assistant District Attorney 
Widener and Mayor Aldridge, of Rochester. From out of 
town, Gen. Dwight H. Bruce, of Syracuse, president of the 
State Association for the Protection of Fish and Game; F. S. 
Gavitt of Lyons, president of the New York State Central 
Fish and Game Protective Association; Ernest G. Gould, of 
Seneca Falls, president of the Honest Fisherman's Club, and 
A. Emerson Babcock, of Brighton, were in attendance. 
Frank J. Amsden urged a stricter enforcement of the 
game laws. Said he: "The great point to be emphasized with 
regard to the protection of game is the desirability or 
stability in the laws made for that purpose. The frequent 
changes in the laws occasion great confusion, and many 
fishermen can justly plead ignorance of the statutes as their 
excuse. But perhaps this evolution is needed to render the 
laws perfect. 
"The next point I would make is that better enforcement 
of the laws should prevail. There has been noticeable im- 
provement in this respect of lafce through the influence prin- 
cipally of the State Association for the Preservation of Game. 
The people have also become educated and interested in the 
question. 
"I want to impress upon you, gentlemen, the necessity for 
increased penalties for violation of the game laws. At pres- 
ent fie minimum penalty is $10 and the maximum $25 for 
•each offense. The penalty for dynamiting fish is $100, but it 
is difficult to convict for this offense and the penalty is seldom 
inflicted. Now when through the vigilance of our game 
protectors, setters of fyke nets are captured and taken before 
a. justice, through influence or some other reason, they fre- 
quently get off scot free. There can be no netting without 
the total extinction of fish." 
"Would you change the penalties which at present prevail, 
entirely? " asked Senator Guy. 
"I th'ink there should be increesed penalties for old offend- 
ers," replied Mr. Amsden. 
Senator Guy said he feared that the establishment of more 
severe penalties might prevent the giving of information to 
the officials where offenses have been committed. A man 
would hesitate to give information which would result in the 
financial ruin of his neighbor, while if the fine were more 
moderate he would do so at once. 
Continuing, Mr. Amsden Raid: "We think the law fixes 
the date for bass fishing much too early. Decoration Day is 
at present the date fixed for the opening of the bass season, 
but in my opinion July 1 would not be too late. We think 
the permitting by the law of spearing is very unwise. Noth- 
ing but angling with hook and line should be permitted in 
inland waters of the State. But a few years ago the waters 
of Lake Ontario abounded in salmon, whitefish and trout. 
The supply is now almost exhausted. Ten years ago on the 
south shore of the lako 600 men were employed in a large fish 
industry. The fishing was overdone with nets, and as a 
result we have no longer our supply of fish from Ontario. 
"I do not think we require more game protectors in this 
district. Our present officials are doing heroic service. I 
want to say a few words on the subject of birds. The posi- 
tion which the State Association takes is this: The shooting 
of birds must be confined closer than is the case at present. 
We believe it should be restricted to the three months of 
October, November and December. Before the 1st of Octo- 
ber the birds are immature and not fit to be shot." 
Assistant District Attorney Widener, in his testimony, 
said: "Severity of the law is the only thing which will pre- 
serve the law. I think that doubling the penalty for each 
successive offense would be a very good plan. I would 
recommend that the use of ferrets in hunting rabbits be pro- 
hibited. The shooting of birds, in my opinion, should be 
restricted to the last three months of the year." 
A. Emerson Babcock, of Brighton, addressed the commit- 
tee upon the subject of shooting game birds, and said he 
wished the law could be amended so as to preclude all spring 
shooting. 
Hubert B. Hallock, of Rochester, spoke of the necessity for 
a law prohibiting the spearing of fish. He stated that Game 
Protector Schwartz favored increasing fines for offenses sub- 
sequent to the first, and thought that after the third or fourth 
offense imprisonment should be inflicted. 
Simon Marshall, Assistant Game and Fish Protector at 
Charlotte, testified to the trouble he had in capturing illegal 
fishermen. Said he: "I certainly favor much heavier penal- 
ties for infringement of the law. Many illegal fishermen 
immediately after paying a fine will go out fishing again 
with a net and more than earn the amount of their fine. 
There are not many bass caught by spearing to my knowl- 
edge. Suckers are very predatory fish, frequently swallow- 
ing .the spawn of other fish. 
"In spite of the law prohibiting net fishing within one 
mile from the shore I frequently find nets within half that 
distance from land. Still I believe the mile limit law is of 
benefit in restraining many from depredating. I would 
suggest that the bass season be made one month later than 
is the case at present. I think that the prohibiting of spring 
shooting of birds would be a grand thing." 
Mr. A. B. Lamberton addressed the committee upon the 
"intermittent game law" which is at present in operation in 
Maryland. This law provides for the shooting of birds on 
three days of each week, and on the other three days it is 
prohibited. It is this way the slaughter of the game is 
greatly lessened. 
N. S. Gavitt, President of the Central New York Associa- 
tion for the Protection of Game, next testified and expressed 
himself as in favor of different laws for different districts of 
the State. Said he: "I would suggest the first of July as 
the earliest date for bass fishing. Ido not think the pickerel 
in our waters are a cause of the destruction of bass. I think 
there is no occasion for protecting the sucker fish. I caught 
a man the other night spearing suckers. He was much sur- 
prised and pleaded ignorance of the law, saying that they 
supposed that spearing was permitted in that section. This 
seems to be the case all over our State. General ignorance 
of the game laws prevail." 
Ernest G. Gould, President of the Honest Fishermen's Club, 
of Seneca Falls, N. Y., in his testimony said that he would 
favor a penalty of imprisonment for the offense of dynamit- 
ing. He also thought that all shooting of birds should be 
prohibited in the spring and should be lawful only in the 
last three months of the year. 
Gen. Dwight H. Bruce, of Syracuse, said: "As you all 
know, the price of fish as well as of meat is steadily advanc- 
ing. An increase in the supply of fish is necessary before 
the price can be made cheaper. This increase is only made 
possible by careful protection of fish in our inland waters. 
Many entertain the erroneous opinion that all waters belong 
to the people. Oneida Lake some five years ago was the 
scene of a great deal of netting and as a result it became 
utterly devastated of its abundant supply of fish. Since 
netting has been stopped by law anyone can go to Oneida 
Lake with the certainty of obtaining a fine catch of fish and. 
can be sure of paying their expenses by the sale of their 
catch. 
"The prohibition of netting will interfere with no industry 
whatever. Indeed, netting should not be considered by the 
law in the light of an industry. In relation to the bass and 
trout question I do not think the season for those fish should 
open before July 1. 
"In regard to deer I think it is the judgment of everybody 
that those animals should be protected. The Adirondacks 
are literally overrun with boys and inexperienced hunters 
who use no judgment in their killing of deer. Many of the 
hunters are inexperienced marksmen, and numbers of the 
deer become wounded without being killed. The hunting 
with jack lights is in my opinion one of the most pernicious 
causes of their destruction. All good men are in favor of its 
abolishment.— Rochester Union and Advertiser, Aug. 28. 
Yesterday's testimony before the committee when added to 
the fund of information already obtained in the Adirondack 
region made Senator Guy feel that he really now knew some- 
thing about what was needed by the people of the State of 
New York in the way of fish and game laws. He was freshly 
primed with the views of gentlemen who are sportsmen for 
pleasure, and their opinions had weight with him, but their 
testimony in no way influenced him to forget the opinions of 
that class of men who follow fishing and hunting from other 
motives than that of pastime. 
"You may be sure that as a Democrat my sympathy is 
always, to a certain extent, with the masses," said Senator 
Guy, "and there is no danger that I shall recommend any 
measure that will work directly at variance with the interests 
of a certain class of wage earners. Now, in regard to this 
matter of limiting all bird shooting to three months, and 
entirely doing away with shooting in the spring, as was 
unanimously advocated by the witnesses before this morn- 
ing's session, I could not conscientiously recommend any such 
measure. I know hundreds of people about Long Island 
who are thoroughly reputable and law-abiding men to whom 
spring shooting is an essential means of livelihood, and in 
whose community it is a recognized industry. Moreover, there 
are thousands of men thereabouts to whom spring shooting 
furnishes employment as guides, and thousands of farmers 
who make a little needed ready money by boarding parties 
who come out from New York for a few days' spring sport. 
Now, to be influenced by these good Rochester sportsmen 
and be entirely neglectful of the wishes and needs of these 
other men would be neither just nor wise. As suggested in 
my remarks this morning, I am strongly in favor of a report 
from this committee advising a partition of the State into 
three districts, each district to be governed by laws framed 
to meet the particular needs of the locality, as evinced by the 
testimony of its inhabitants before this committee." 
"Would these districts bear the name of the localities, one 
being known as the district of the St. Lawrence?" asked the 
reporter. 
"I have not thoroughly decided upon that," replied Senator 
Guy, "but it is more likely they would be known numeri- 
cally, as Game District Number One, and so on. Another 
thing that I am strongly convinced of is that people in one 
part of the State should not be listened to with too much 
seriousness upon the conditions of another part of the State. 
I believe firmly that in a matter of this kind the man who 
lives on the soil, and whose forefathers lived there before 
him, should have the inalienable right to have a voice in the 
framing of rules to be enacted to apply to his own homestead. 
A great many rich gentlemen visit the Adirondack region 
and express to us their opinions as to what should be done in 
the way of game laws there, and the mountain hotel pro- 
prietor announces himself in favor of this or that measure, 
but it seems to me that the guides who make their living 
there, and the men who have never been from beneath the 
shade of its pines are the proper ones to consult as to how 
laws for that region shall be drawn up. This latter class, in 
contradiction to visiting sportsmen who have testified, are 
opposed to allowing still hunting before the hounding season. 
Really, I had no idea that there was so much interest in the 
subject of fish and game, as we have found everywhere on 
our tour." 
"Have you received while in Rochester any ideas that will 
influence your report?" said the interviewer. 
"Yes," was the answer. "But by these ideas I will be in- 
fluenced only in so far as to recommend changes in the law 
as applicable to this district. This again shows the necessity 
of districting the State, for you can see very well that if the 
whole suggestion of those gentlemen who testified this 
morning were to be followed it would be like taking the bread 
from the mouths of a very much larger class of people than 
those they represent. One thing 1 am glad to be quoted in: 
This committee will be very slow to advise any radical 
changes in the present law, except where those laws are 
found to be radically wrong. I myself am in the minority 
on this committee, but of course in a matter of this kind 
politics cut very little figure." 
As Senator Guy is a close personal friend of Senator Childs 
and as he has evidently been told to do most of the talking 
at the sessions of the committee, it is pretty safe to say that 
what the young New York Senator says in this matter will 
have the support of his colleagues. To-day the committee 
is at Charlotte. 
On another point the Senator said: "Regarding the estab- 
lishment of heavier penalties for violation of the game laws, 
I will never for one moment lend my name to the support of 
any measure which dictates the penalty of incarceration for 
a man or boy forillegalhuntingjOrjfishing.''— Rochester Post 
Express, Aug. 29. 
Enforcing Minnesota Laws. 
Minneapolis, Minn., Aug. SO.— Editor Forest and Stream: 
Game Warden Sam. F. Fullerton of Duluth is doing good 
and efficient work in his district. On the 18th inst. he 
arrested one Matt. Kraodus for killing a doe and having in 
possession a fawn. He was arraigned in the Municipal Court 
of Duluth, and Judge Powell "assessed" him $50 or 60 days 
in the county jail. He went to the cooler, but will probably 
repent and put up his fine, as he is amply able to do so. 
On the 20th inst. Warden Fullerton of Duluth arrested and 
brought before Judge Powell in the Municipal Court two 
men, Seenburg and Bergen, for using a trot line of about 
1,000ft. in Caribou Lake in St. Louis county. They had a 
good smart attorney and fought their case to a finish, and 
the result was their conviction and the imposition of a fine 
of $50 each and costs, amounting to $104. 
Game Warden Angus McLeod of Tower, St. Louis county, 
Minn., shows what kind of material he is made of in the 
arrest and conviction of one Louis Rossa. He was arraigned 
before Justice McGilvary for shooting partridge, and assessed 
$20 and costs. He paid his fine and determined then and 
there not to "pick any more birds before they were ripe." 
So you see the good work goes on. We have several cases 
"on the string." Have made some arrests, and are waiting 
until we have time to try them." 
Last Thursday, acting upon information, Wardens Farn- 
ham and Coffin appeared in the fashionable restaurant of 
George Magee in St. Paul with a search warrant and went 
through the place looking for "Rocky Mountain owls" 
(prairie chickens). After a time they found five neatly 
dressed birds in an ice chest on a platter ready to do duty on 
the table of some of George's high tasting patrons. 
The case will be brought to the attention of the courts in 
the near future and results reported later. The recent de- 
cision of the Supreme Court has greatly strengthened the 
Game and Fish Commission, and they are now extremely 
active and alert in enforcing the excellent and strong game 
laws of the State. 
The executive agent of the Game and Fish Commission re- 
cently determined to search the cold storage warehouses of 
the State, and he found at one of them a large number of 
birds, which he took possession of for account of the State. 
The birds were the property of some of the most prominent 
citizens of the State. The recent decisions of the Supreme 
Court in regard to "having in possession game out of season," 
although killed "in season" has put a formidable weapon in 
the hands of the Commission for preservation of the game 
of that State. Heretofore it has been the custom to kill an 
unlimited amount of game and place it in cold storage and 
then to ship or use it after the open season is long past. The 
Commission propose to put a stop to such practices now if 
possible. . Minnesota. 
Illegal Fishing in Pennsylvania. 
It is charged that fish spears, gill nets and set nets have 
recently been used in Harrisburg and vicinity, contrary to 
the law and with deadly effect even under the nose of a very 
energetic fish commissioner. Eleven boats were out along 
the west shore of the Susquehanna, spearing eels, bass and 
pike-perch (locally known as salmon). The men took nearly 
a half-barrel of fish. Paxton Creek was also the scene of a 
raid with nets into which catfish, suckers, eels, carp and bass 
were driven by beating the waters. The fish were sold in 
the Harrisburg markets and it would appear that a slight 
inspection of the stands might Teveal at least the marks of 
the spears. At all events the enterprising newspaper man 
makes the discovery and wonders why the authorities 
charged with the execution of the laws have not seen as 
much. 
Fishculture Notes. 
Vermont has appropriated 8500 for a new hatchery which 
will be located at New Durham on a brook near Mount Bet 
Cottage and in the vicinity of Merry Meeting Lake. The 
site is said to be an excellent one but the amount appropri- 
ated is much too small for an efficient hatchery. At the best 
the establishment will answer only for hatching trout in 
moderate numbers, and will be open a few months in the 
year. 
New York will have a new hatchery building at Rockland. 
Commissioner Huntington has been authorized to accept the 
building from the contractors and to equip it for trout 
propagation. There is grave question whether the Beaver- 
kill water can be utilized for the hatchery on account of its 
high temperature, and the supply may have to be taken from 
Darbee Brook or the outlet of Russell Pond. 
Fish Commissioner A. F. Johnson, of Elizabeth ton, Tenn., 
obtained 500 trout from the TJ. S. Fish Commission three 
years ago and deposited them in Heaten Creek in Carter 
county. He reports that they have done well and he has 
seen some over 12in. long caught in the creek. 
Gov. McKinley has appointed E. H. Shorb, Van Wert, 
Ohio, one of the game and fish commissioners of the State. 
Mr. Shorb has spent much time and money in the introduc- 
tion and rearing of English pheasants and partridges, and is 
an enthusiastic sportsman as well as a believer in the protec- 
tion of fish and game. 
Five wagon loads of bass and pike were delivered at Wau- 
paca, Wis., Aug. 17, for the chain of lakes at that place, by 
the State Fish Commission. 
Superintendent W. W. Barrett, of North Dakota, is trying 
to have a fish hatchery established by his State. At present 
all the fish used for stocking are furnished by the U. S. Fish 
Commission. Devil's Lake and many other waters will soon 
be supplied from that source. In connection with Capt. J. 
W. Palmer, Mr. Barrett will visit Fort Totten to examine 
the springs of the locality. 
The State of Oregon has a board to locate the new fishway 
at Willamette Falls, near Oregon City, it includes Governor 
Pennoyer, Treasurer Metschan, and Secretary of State Mc- 
Bride. They were to meet with Fish Protector H. D. Mc- 
Guire on Aug. 10 to select a location. The Legislature made 
an appropriation of $10,000 for the fishway. which will con- 
sist of a series of connected pools excavated in the solid rock 
on the west side of the main fall when the water is low. In 
this way a gradual slope will be formed up which the salmon 
can readily pass when the water is high. The board has the 
power to remove all obstructions, artificial as well as natural, 
whether fish wheels, nets, lines, or other apparatus, within 
50ft. of the fishway. The maintenance of such obstructions 
will constitute a misdemeanor, punishable by fine or im- 
prisonment or both. The builders of the way must agree to 
keep it in good order for two years after its completion. 
The appropriation for the Maryland Fish Commission is 
$7,500, a reduction of $2,500 from the amount of the previous 
year; but as the sum now cut off was devoted to paying for 
captured eels the loss will not be seriously felt. Commis- 
sioner Sudler has devoted considerable time to practical 
study of fish hatching station's in other States and will 
utilize the knowledge thus gained for the benefit of his State. 
T. H. B. 
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 Newburgh, 
N. Y. D. A. Morrison, Sec'y. 
Sept. 19 to 22.— Orange County Fair, at Newburgh, N. Y. 
Sept. 26 to 30.— Stockton Kennel Club, at Stockton, CaL E John 
Hefferman, 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. D. 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 Trial Club, Members 1 Sweepstake. A. 
R. Sharp, Sec'y, Taunton, Mass. 
Nov. 6.— United States Field Trial Club, at Bicknell, 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. C. W. A. Coster, 
Saratoga, N. Y., Sec'y. 
Dogs and Bathers. 
Editor Forest and Stream: 
I have noticed some sensational accounts in the daily 
papers this summer of men and children being attacked by 
large dogs while bathing. In no case have the first lurid 
reports been either sifted for the exact truth or followed up 
by reports of further action or prosecution against either 
the owners or the dogs. Some of the accounts — notably a 
very circumstantial one of an attack by a St. Bernard on a 
boy in the lower Hudson— bore unmistakable evidence of 
error, exaggeration or falsehood upon their face, and could 
not have been penned by any one familiar with doge, for I 
