Nov. 3, 1894.] 
FOREST AND STREAM. 
379 
ever, as one can only wish the Ashland deer had done 
also. 
Mustn't Jam His Centerboard. 
Mr. George Gould of New York city in his private car 
Atlanta arrived at Kansas City Oct. 24. The despatches 
say that Mr. Gould and friends went quail shooting; near 
Elgin, in Miller county, M~>., and bagged nearly 200 birds. 
It is not stated how many quail Mr. Gould killed, but if 
he can't shoot any better than he can sail he'd better stay 
at home. And he really mustn't jam the centerboard of 
his car, you know. 
Koshkonong. 
Billy Mussey and Eddie Bingham, two of Chicago's 
finest, have gone up to Koshkonong, in Wisconsin, to en- 
tirely destroy the canvasback crop of the year. 
Strictly Business. 
"I wish it plainly understood," said G. Harry Marlin, of 
the Marlin rifles, "that the purpose of my visit to Chicago 
is strictly business. I am doing nothing but selling our 
new .25-20 repeater, the only .25cal. repeater made and 
the best little rifle on earth for squirrels, woo r lchucks, 
rabbits, goslings, hippopotamuses or other small birds. 
Yes, sir, and I am selling a lot of 'em. Chicago is a good 
town. But I think I will go to San Antonio for the win- 
ter I am preparing a great historical work on the Ori- 
gin, Growth and Decline of the Chile Queen." 
E. Hough. 
909 Skcdrfty Building, Chicago. 
JERSEY SQUIRREL LAW AGAIN. 
According to the Game Laws in Brief, there, is in New 
Jersey no law on gray squirrels. As we said last week, 
the Brief is correct. We also took occasion to point out 
the error contained in the official compilation of the New 
Jersey game laws published by the Fish Commission. 
ing on the subject, for that intention is not given expres- 
sion in the law itself; and it is a familiar principle that 
we must take a penal statute as we find it, and construe 
it literally. In this case the text is definite and explicit; 
it designates "black or fox squirrels," says nothing about 
gray squirrels, and has no application to them. 
It is also quite clear to us that in this case the amend- 
ment, being of the entire section, is in effect a repeal. 
The act of May 22, 1894, provides that Sec. 2, relating to 
squirrels, "be and the same is hereby amended to read as 
follows:" 
2. And be it enacted, That hereafter it shall not be lawful for any 
person or persons to capture, kill or have unlawfully in possession 
after the same has been taken or killed, any black or fox squirrel, ex- 
cept only between the thirty-first day of October and the sixteenth 
day of December in any year, under a penalty of twenty dollars for 
each black or fox squirrel so taken, killed or had unlawfully in posses- 
sion. 
If the entire section is amended to read this new way it 
cannot read the old way; none of the old section remains; 
it is done away with — repealed. 
If we adopt the contrary reasoning of the counsel to 
the Commission, and assume that the entire new reading 
of the section does not repeal the old reading, then we 
have here two conflicting Sections 2, prescribing different 
seasons for black and fox squirrels. And as Sections 1, 3, 
4 and 25 of the game law were amended this year in 
precisely the same manner as Section 2, while not a one 
of the amendatory acts "especially provides that it is to 
be a repealing act," we have two conflicting seasons for 
deer, two for quail, two for hare, two for ruffed grouse 
and two for brook trout. That would be such a mess as 
we have never yet come to in game legislation; nor ever 
shall so long as we abide by the statutes and common 
sense and are not led astray by "opinions." 
4 To speak frankly, the learned counsel to the Commis- 
sion appear in this opinion to have advanced a line of 
reasoning, which, we believe, Secretary Frothingham 
will find will not stand the test of the courts, if on the 
WlLMfll |ufvNSLN0 
1 Mi 
AMONG THE WILDFOWL. 
"All's well. Will you join us?' 
That error is found in this paragraph interjected without 
warrant into the Commission's compilation: 
Unlawful to kill gray squirrels except from September fourteenth to 
December sixteenth. 
In reply to our inquiry of Secretary H. P. Frothingham 
as to where this provision was found in the law itself, he 
has sent us a copy of this letter from the counsel of the 
Commission : 
Mt. Arlington, N. J., Oct. 22.— Hon. H. P. Frothingham: Dear Sir— 
Your letter of the 19th inst. inclosing a letter from Mr. Charles B. 
Reynolds of the 17th inst. pertaining to pur opinion to you of Aug. 9 
last, that it is unlawful to kill gray squirrel in New Jersey except be- 
tween Sept. 14 and Dec. 16, has been received. 
In further substantiation of that opinion we beg leave to submit the 
following, and you may, if you like, sead a copy of this letter to Mr. 
Reynolds. As far as we know, there has probably always been a law 
in New Jersey regulating the shooting of gray squirrels. Section 2 of 
the Foote Act, approved Feb. 28, 1893, stated that it was unlawful to 
kill gray, black or fox squirrel, except only between S-tpt. 14 and Dae. 
16. The supplement to the Foote Act, approved May 22, 1894, pro- 
vided that said Section 2 be amended to read the same as now appears 
in the pamphlet you mailed to Mr. Reynolds some days ago, which 
states that it is unlawful to kill black or fox squirrels except only 
between Oct. 31 and Dec. 16, and which says nothing whatever as to 
gray squirrel. 
In our opinion it was evidently the intention of the person who 
drew the act of May 22, 1894, to leave the law as to gray squirrel the 
same as in the Foote Act aforesaid. As we interpret it the act of May 
22, 1894, is more in the nature of an amendment to Section 2 of the 
Foote Act than a repealer of said Section 2 of the Foote Act. If it had 
been the intention of the person who drew the act of May 22, 1894, to 
make the law pertaining to gray squirrel different from what it was 
according to t he second section of the Foote Act he would have stated 
in his law of May 22, 1884, in addition to what he did state, that "said 
Section 2 is hereby repealed " 
Of course the matter would have been very much plainer if the 
person who drew the act of May 22, 1894, had stated in the act that it 
was unlawful to kill gray squirrel except between Sept 14 and Dec. 
16, and unlawful to kill blacK or fox squirrel except only between Oct. 
81 and Dec. 16. In this way he could have made it to appear much more 
clear as to what was in his mind and as to what the law really would 
be after the passage of his act. 
In the interpretation of other laws we frequently come across cases 
like this and invariably give them the interpretation that we have 
above, regarding no amendatory act as a repealing act unless it espe- 
cially provides that it is to be a repealing act. Yours truly, 
Dickinson, Thompson & McMaster. 
In comment on this opinion, it is pertinent to remark 
that while good intentions are reputed to make capital 
pavement, they are worthless to protect game. The spec- 
ulations of Messrs. Dickinson, Thompson & McMaster as 
o the intention of the author of this law to protect gray 
quirrels are ingenious and interesting, but have no bear- 
strength of it he shall arrest gunners for killing gray 
squirrels. Protection for this game cannot be opinioned 
into the Statute; but it can be and should be put there by 
the next Legislature. 
Meanwhile the Commission should ccrrect its erroneous 
compilation of the game laws. 
Big Game in the Big Horns. 
Lincoln, Neb., Oct. 19.— Editor Forest and Stream: 
The following appeared in one of the Omaha dailv papers: 
"Judge E. S. Dundy had a great outing in the Big Horn 
Mountains this summer and fall, returning Saturday 
evening of last week. The venerable judge outdid him- 
self this year, securing two big grizzly hears, two black 
bears, fourteen elk, two bighorn sheep and a dozen black- 
tail deer." 
Now, can any one imagine what use Judge Dundy could 
have for fourteen elk in the summer time, and at the 
same time a dozen blacktail deer? I venture fclie assertion 
that this did not comprise all the game slaughtered by the 
Dundy party, for he had some companions with him who 
were just as good rifle shots no doubt as- he; but these 
people were not such prominent people as Judge Dundy, 
and didn't get their names in the paper. What a state of 
affairs we have to endure in this Western country in 
respect to the prosecution of the game laws. This Judge 
E. S. Dundy is no common justice of the peace, nor police 
judge, nor even county or district judge, but he sits on 
the bench and wears the robes of the great United States 
Circuit Court. It makes me so indignant I cannot write 
about it. e. E. 
[The Big Horns are in Wyoming. The Wyoming law 
forbids the killing of elk, mountain sheep or deer, except 
by residents and for immediate use as food.] 
A Wild Rice Success. 
Port Elgin, Ont., Oct 24.— Editor Forest and Stream: 
About twelve years ago three of us here obtained from 
Port Hope, Ont., a half bushel of wild rice and sowed it 
in Arran Lake, Bruce county, Ont., since which time we 
have heard nothing of it until now, and find that it grew 
and is rapidly spreading over the lake. My reason for 
giving you this information is because about a year after 
it W4S sown you asked for the result. J. C. D, - 
The Pneumatic Boats and the Bucks. 
. Elizabeth, N. J.— I heartily agree with J. B. Burnham 
in the sentiments expressed by him in the closing part of 
his article published in your issue of Oct. 20 on pneumatic 
boats, in which he says, "They (pneumatic boats) will add 
one more link to the chain of causes that is lessening our 
game supply, inasmuch as they will render heretofore in- 
accessible fastnesses open to assault." If this boat is the 
success its inventor claims for it; and should it come into 
use with wildfowl shooters, what opportunity will the 
ducks and geese have to feed and rest on their accus- 
tomed feeding grounds? They have little enough oppor- 
tunity now on their migratory flights. With the pneu- 
matic boat to go everywhere, as it is claimed, there will 
be no feeding grounds left undisturbed for the ducks and 
geese to feed and rest upon, and consequpntly no ducks 
and geese to shoot. By virtue of the game laws of New 
Jersey a partial, if not effectual, preventive of this evil 
is afforded in that State. By the law of that State passed 
Feb. 28, 1893, found on page 48 of the pamphlet laws of 
that State for that year, Sec. 20 provides: 
That it shall not be lawful for any person or persons hunting or 
gunning after geese, duck or brant, to place the boat or sink box, or 
other floating vessel, in which holies in wait to kill said geese, duck 
or brant at a distance of more than 100ft. from ice or from marsh, or 
meadow, or heaped seaweed, or sand bank not covered with water at 
high tide; and every person so offending against the provisions of 
this section, shall for each and every offense forfeit and pay the sum 
of twenty dollars 
Section 21. That it shall not be lawful for any person or persons to 
sail for, to shoot or shoot at any goose, brant or duck, from any boat 
or boats, vessel or vessels, propelled by steam or sail; or from any 
boat, or boats, vessel or vessels, or similar structure or structures, 
anchored or s'aked upon the waters of- this State, under the penalty 
of twenty dollars for each and every offense. 
Section 20 prohibits the pneumatic boat from being 
placed at a distance of more than 100ft from ice, marsh 
or meadow; and Section 21 prohibits the pneumatic boat 
from being anchored or staked upon the feeding grounds 
of the wildfowl, or upon any of the waters of the State. 
This law if enforced would virtually prohibit the use of 
the pneumatic boat in New Jersey; though the penalty 
for violating the law is far from excessive, no wildfowl 
shooter would care to be subjected to the annoyance or 
expense of a prosecution at law for violation of the 
statute.^ It behooves all game wardens in New Jersey to 
see to it that these provisions of the game law of the 
State are strictly enforced if violated; and that the feed- 
ing grounds of the wildfowl in the waters of this State 
are not invaded by the pneumatic boat. The insuperable 
objection to the pneumatic boat is, that it is a miniature 
battery, and batteries of all kinds for wildfowl shooting 
should be abolished. Eobert E. Chetwood. 
The Cape Cod Deer. 
Editor Forest and Stream: 
A note in the Forest and Stream the other day told of 
deer in a Massachusetts town. If you were down here on 
the Cape you would soon learn the reason why a deer is 
seen roaming about the State; or if you would spend a 
week on the Cape and hear the dogs chase "short-tailed 
foxes" you would not be one bit surprised to see a deer on 
the main street in the city. All the game laws amount to 
you could put in your eye, and then see the reason they 
go "fox hunting." If you are on the Cape and hear a dog 
following toward the ponds, and hear a gun, the thing to 
do is get as near .the place of shooting as possible, and at 
dark I will bet my old hat you will see the biggest fox 
carried home you ever saw. I do not mean that all of the 
fox hunting is after deer, but I am willing to say that two- 
thirds of them go out and would not bother with a fox at 
alL They are after foxy deer. Ask a friend that lives on 
the Cape how he likes the deer law, and what does he say? 
Why, that law is just what we want; we have the fun all 
to ourselves; we are right here where the deer are, and 
the law keeps outsiders out of the woods. Ask one of 
them where all the deer have gone, for they were quite 
plenty ten years ago, and what does he say to this? He 
shrugs his shoulders and s^ys: "Gone with the fire." He 
is right; but he does not mean by forpst fires; the fire with 
a few buckshot in front of it is what has done the busi- 
ness. There may have been a few killed by fires, but deer 
are not fools to stand and be burned when there is plenty 
of water handy, and there is plenty of it on the Cape, for 
there are more than three hundred' lakes and ponds in the 
county where the Cape deer makes his home. Why, a 
Cape friend of mine pointed out to me not long ago on 
the street a man who had killed nine deer on the Cape in 
one fall, three years ago. You will do me a great favor 
if you will publish the main parts of this letter or all of it 
if you like; and I am not ashamed to sign it with the 
name of a constant reader, William Weden. 
Where Kansas Game lis Abundant. 
Emporia, Kan., Oct. 22.— The wild geese and cranes 
have bp en passing for a few days in large numbers. Oc- 
casionally a flock of geese alight here and stay for a little 
while. The ducks also begin to come in, and there will 
probably be a few days of good shooting whenever the 
cold weather sets in. Wi'd doves and plover have been 
quite plenty, but have now mostly gone southward. Jack- 
rabbits and cottontails are fairly plenty about here, the 
former giving good sport with a light rifle. Fox and 
gray squirrels are abundant enough along the timber on 
the river banks to satisfy any one but a pot-hunter. 
There are some prairie chickens south and west of here, 
but only a very few in this immediate vicinity. 
It has been an unusually good season for quail, as there 
has been no hailstorms or hard showers to kill them. In 
August I found two nests near the house, one with fif- 
teen, the other with seventeen eggs; and in September I 
saw several flocks of small birds, so I think the old birds 
mostly raised two broods this season. The shooting begius 
next month, Nov. 1. Altogether a day spent wandering 
over these great plains and among the timber is one not 
soon forgotten, whether the game bag gets full or not, 
for it is "sunny Kansas" and there is a sense of freedom 
here unknown in the East. If any of the brethren should 
wander this way, the latch-string is out and they are 
welcome if they can put up with a bachelor's entertain- 
ment. But to one who loves the wild creatures for their 
own sake there is often a feeling of sadness, for the buf- 
falo wallows still remain, and a bit of splintered horn or 
broken bone is occasionally picked up that once was a 
part of one of the "mighty that have fallen." 
Pine TMk' 
