Forest and Stream 
A Weekly Journal of the Rod and Gun. 
Terms, $4 a Year. 10 Cts. a Copt. 
Six Months, $2. 
\ NEW YORK, SATURDAY, DECEMBER 29, 1894 
( VOL. XLIIL — No. 26 
| No. 818 Broadway, New York. 
For Prospectus and Advertising Rates see Page iii. 
The Forest and Stream is put to press 
on Tuesdays. Correspondence intended for 
publication should reach us by Mondays and 
as much earlier as may be practicable. 
measure, in which, were embodied the practical exper- 
ience of the executive agent and the legal acumen of the 
attorney. The bill was a product of long and careful 
study, and that good work was done in its prepar- 
ation has been amply attested by the fact that although 
*he statute embodied certain radical principles never 
before incorporated in a game law, it has been upheld by 
the Supreme Court as constitutional and binding. 
Forest and Stre^Water Colors 1 
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THE niNNESOTA SYSTEM. 
AN EXAMPLE OF PRACTICAL GAME PROTECTION. 
The system of game protection which has been devised 
and put into practice in Minnesota is so admirable in con- 
ception and so effective in operation that it may be 
studied with profit by those who are concerned with 
developing and perfecting the protective machinery else- 
where. 
The cause of conserving the game and fish supply is one 
which in each State presents difficulties peculiar to the 
conditions there obtaining. In Minnesota the most per- 
plexing problem was to check the wholesale killing of 
game and fish for market, for market-hunting was recog- 
nized as the agency that was destroying the deer and the 
grouse. The solution of this problem was the task to 
which Minnesota sportsmen addressed themselves, and it 
is interesting to note that here, as is usually the case, the 
results gained both in the provision of an adequate law 
and in its subsequent enforcement have been for the most 
part the achievement of one man. The Minnesota statute 
may be said to have grown out of the experience, the 
enthusiasm, the devotion and the sagacity of Com- 
missioner W. P. Andrus, the Executive Agent of the 
Game and Fish Commission. Always alive to the work 
of protection, Mr. Andrus organized the Minnesota 
Game and Fish Protective Association, and for a long 
time was its secretary and executive officer. The organ- 
ization was purely voluntary, being composed of the 
sportsmen of Minnesota, and including among its mem- 
bers some of the most prominent State officials. It was 
supported by contributions from the members, but the 
moving spirits soon found that an organization of this 
sort without the support of the State Government in its 
endeavors to enforce the laws that were then upon the 
statute books was unsatisfactory, and that the results 
obtained were not commensurate with the outlay or the 
work. The courts would not act in harmony with such a 
movement. In this exigency Mr. Andrus was entrusted 
with the responsibility of framing a law which from his 
experience would be applicable to the condition of affairs 
then existing in the State. The law then enacted, in 1891, 
originated the present .Game and Fish Commission of 
Minnesota. Wm. R, Merriam, who was then Governor 
and who had worked with Mr. Andrus in the common 
cause, made a well-merited recognition of his efforts and 
services by giving him the first appointment as one of the 
new Commissioners. From the outset Mr. Andrus became 
the leading spirit and the most active member of the 
board. He was elected as its treasurf r and executive 
officer, and to him was entrusted by the other members 
the execution of the law. The board very quickly real- 
ized, however, that the statute under which they were 
working was not effective nor precisely suited to the new 
conditions; and Commissioner Andrus in concert with 
the counsel of the board, Mr. Bramhall, drafted a new 
The novel features of the statute have already been out- 
lined in these columns. In the first place, as a sure 
groundwork for the law, full control of the game and 
the fish is assumed and they are declared to be the prop- 
erty of Minnesota: , 
No person shall at any time or in any manner acquire any property 
in or subject to his dominion or control any of the birds, animals or 
fish within this State, of the kinds herein mentioned, but they shall 
always and under all circumstances and conditions be and remain the 
sole property of this State . 
This proprietorship and control are not surrendered, 
even after the game has been captured ; the statute yields 
to the citizen only the privilege of using the game in 
certain clearly defined ways, but no other: 
By killing, catching or taking the same, however, in the manner and 
for the purposes herein authorized, and during the periods when their 
killing is not herein prohibited, the same may be used at the time, in 
the manner and for the purposes herein expressly authorized, but not 
otherwise. 
The law then prescribes certain seasons in which and 
methods by which the game may be taken and may 
be had in possession; limits the amount one person may 
take; and specifies particularly that it may be taken only 
for use within the State. The right acquired by the 
individual, it is thus seen, is of limited nature; he may 
never have an absolute, unrestricted property in venison 
or grouse or trout, even after he may have killed them. 
This assumption of sole right, title and control in the 
■ fish and game is the basis of the Minnesota law. Upon it 
rests authority for the exceedingly stringent regulations 
respecting possession, transportation and sale. In brief, 
these regulations are, as to certain species of game and 
fish, 
1. No one shall take them with intent to ship beyond 
the limits of the State. 
2. No one shall ship them or intentionally allow, or aid 
in, their shipment out of the State. 
3. No one shall have in possession game or fish unlaw- 
fully killed in another State or which has been shipped 
thence unlawfully. 
4. Possession of game or fish is made prima facie 
evidence that it was killed in Minnesota. 
5. If it shall appear that the game or fish in possession 
was killed outside of Minnesota, this shall be prima facie 
evidence that it was there killed unlawfully or shipped 
thence unlawfully, and that its possession is therefore a 
violation of prohibition 3, and this may be overcome only 
by direct and positive evidence to the contrary. 
6. It is made the duty of every person to whom game 
may be offered for export to notify the board of commis- 
sioners or the game wardens, and to give them full par- 
ticulars respecting the shipment. 
7. It is made the duty of commissioners, wardens, 
sheriffs, constables and police officers to seize fish or game 
unlawfully possessed or shipped. Ample provision is 
made for the issue of search warrants by the courts of 
jurisdiction. 
When the full meaning of these provisions is reflected 
upon it will be recognized that we have here a law 
which lays a strong hand upon the market-hunter, the 
common carrier and the game dealer. The statute is one 
of extreme stringency. When it was adopted in 1893 
there were grave doubts as to whether the courts would 
uphold it. But the results of the test suits brought in the 
Supreme Court have triumphantly demonstrated the im- 
pregnability of those very sections for which fear was 
entertained, and have vindicated the wisdom of Messrs. 
Andrus and Bramhall, who framed them. 
But though perfect in form and sound as the Magna 
Charta, a game law is worthless if unenforced ; it is as an 
engine with no steam up, a gun without powder. There 
must be something to set it going and to keep it going. 
The great trouble with game protection nowadays is not 
want of laws, but the want of their enforcement. We 
have too much talking and legislating, and all too little 
application and practical execution. The strength of the 
Minnesota game law is in this, that it is excellent in 
theory and not less excellent in operation, for it is made 
a constant living force under the administration of the 
executive agent and the staff of wardens under his con- 
trol. Commissioner Andrus has given special attention 
to the important work of stopping the unlawful shipment 
of game and fish. As noted above, the statute is explicit 
on this point; it forbids export, gives the wardens right of 
search of cars and other receptacles, and even requires 
the agents of transportation concerns to notify the 
officers of illicit shipments of game. The smooth opera- 
tion of such a statute must depend in large measure upon 
the cooperation of the railroads and express companies; 
and after no little effort this has been secured. We have 
in years past referred to the enlightened policy of the 
Northern Pacific Railroad with respect to requiring from 
its agents a careful regard for the non-export game laws 
of States and Territories traversed by its lines; and we 
should expect then to find it cooperating as it does with 
the Minnesota Commission in making effective the trans- 
portation law. The Northern Pacific and the Great 
Northern roads issue circulars to their agents, instructing 
them that the Minnesota law must be obeyed; and that 
the game officers must be given every facility to examine 
suspicious shimpments: X 
NORTHERN PACIFIC EXPRESS COMPANY. 
Office of Superintendent, Middle Division, St. Paul, Minn., Bjae. 1 
1893.— Agt. Nor. Pac. Express Co. at Minn.: Dear Sir —It is the 
policy of the Northern Pacific Railroad to, as far as possible, protect 
fish, birds and animals along the line of its oad from being destroyed 
by "pot-hunters," fishermen, etc., who fish or kill for profit only. 
Employes of the Northern Pacific Express Company are strictly 
forbidden, during the open season, to handle and ship fish that have 
been illegally caught, birds and animals that have been illegally killed. 
During the closed season you are strictly forbidden to receiverand 
ship venison by express, to any point in the State of Minnesota^ or out 
of the State. It is unlawful to do so. ■- 5: 
The dates of open season, during which fish, birds and animals can 
be lawfully handled, are as follows, viz.: 
Fish April 15 to Dec. I." 
Woodcock and plover July 4 to Oct. 31. 
Prairie chicken and grouse Sept. 1 to Nov. 1; i 
Partridge and pheasant Sept. 1 to Dec. 1. 
Duck, geese and snipe Sept. 1 to April 35. 
Deer. , , Nov. 1 to Nov. 20. 
Five days after close of season is allowed to dispose of stock on 
hand. 
None of the above must at any time be shipped to points outside of 
the State. rf 
The laws relative to the above were made to be observed and this 
company expects and insists upon a strict observance of them' by its 
employes, and will not countenance, in any way or manner, any collu- 
sion on the part of its employes with any violators of the law in their 
attempts to impose upon the company by shipments of fish and game 
not in their proper title. If any violation of the game laws of the State , 
or any evasion of them, by any of the employes of this company shall 
be brought to my attention, the offending employe will be discharged 
from the service of this company, and in addition be held accountable 
for any loss we may sustain by his not complying with these- instruc- 
tions. W. S. Hay, Superintendent. 
NORTHERN PACIFIC RAILROAD COMPANY. 1 : 
(Thomas F. Oakes, Henry C. Payne, Henry C. Rouse," Receivers.) 
General Freight Department, Circular Letter No. 10, St. Paul, 
Minn., April 26, 1894. — To Agents: Notwithstanding previous instruc- 
tions that have been issued, some agents still continue to disregard 
the Minnesota State laws governing the transportation of game and 
fish. Each agent has been furnished with a card and a circular of 
this department affecting game and fish shipments, namingthe dates 
between which it is unlawful to kill or transport game, etc. It is the 
purpose of this company to work in complete harmony with the State 
officials, and the co-operation of agents and other employe^ to this 
end is earnestly requested. 
It is not a difficult matter for agents to ascertain the names of par- 
ties who would be liable to ship these commodities out of season, and 
hereafter we would be glad to have you use extra precautions to pre- 
vent such getting into our possession for transportation. If any sus- 
picious shipments are offered, you will say to the shipperthat you 
have instructions not to accept same unless you are first permitted to 
examine the contents. If, upon investigation, you find it to be an 
illegal shipment, it must be refused. 
There is a State law authorizing game wardens to examine suspi- 
cious shipments, and if one of them should present his credentials to • 
you, and satisfies you that he is a proper officer, you will allow him to 
proceed with the examination. We have furnished each of them with 
a letter to agents, authorizing them to examine suspiciouSvShipments. 
Should he find prohibited goods and desire to confiscate them, he will 
give you a proper receipt and take possession of them. If the exam- 
ination should take place after the goods have left shippinV'office, all 
charges will be paid by the warden taking them into his possession. 
S. L. Moore, Gen. Freight Agent. 
GREAT NORTHERN RAILWAY CO. 
St. Paul, Minn., May 23, 1894.— Circular G. T. M. No. 71.— Transpor- 
tation of Game and Fish in the State of Minnesota.— To Agents: The 
attention of agents is again called to the importance of following im 
plicitly the instructions which have been already promulgated with 
respect to the transportation of game and fish in the State of Mi 
nesota. Each agent has already been furnished with full informa- 
tion relative to the dates between which it is unlawfull to kill or 
transport game or fish. Agents are earnestly requested to use every 
precaution with a view of working in perfect harmony with the State 
officials in this matter. 
