582 
FOREST AND STREAM. 
[Dec. 22, 1894. 
If any suspicious shipments of game or fish are offered you will 
advise the shipper that you hare instructions not to accept the same 
for transportation, unless you are allowed to examine the contents, 
and the shipment must be refused if found, after examination, to be 
1 legal. 
Game wardens appointed by the State have been authorized to ex- 
amine any and all shipments of game and fish with a view of satisfy - 
ng themselves that the shipment is made in accordance with the ex- 
sting law. We have furnished these wardens with a letter to our 
agents authorizing them to examine suspicious shipments. When 
you have satisfied yourself that he is a proper officer, you will allow 
him to proceed with the examination. In the event of his confiscating 
prohibited goods, you will a'low him to take possession of the goods, 
getting therefor a proper receipt. If such seizure takes place af ier 
the goods have left the shipping office, the officer will pay you all 
charges before taking possession of the goods. 
W. W. Fin ley, General Traffic Manager. 
He is the right man in the right place, and should be 
continued in the position which he now holds. All of 
the transportation companies and those doing business in 
the State who come in contact with this department bear 
witness to Mr. Andrus' special adaptability for the posi- 
tion which he occupies. The sportsmen of Minnesota 
cannot render a more valuable public service to-day than 
to urge upon Gov. Nelson the reappointment of Mr. 
Andrus when his term shall expire next month; and Gov. 
Nelson cannot give a better assurance of his own concern 
for the promotion of true fish and game protection than 
by continuing Mr. Andrus in. the office where the State 
may have the benefit of his ripe experience and proved 
capacity and devotion. 
classed as private parks. The Commission ask for the 
$3,500,000 appropriation to purchase about 1,200,000 acres 
of land available within the Park limits, exclusive of the 
private preserves. In addition to the parks shown on our 
map, there are about 14,000 acres probably within the 
limits of the park belonging to clubs which could not be 
located, and about 90,000 acres are owned by clubs outside 
the limits. 
THE CUP NEGOTIATIONS. 
So far as it gops, it is gratifying to know that the long 
contention over the America's Cup has finally reached a 
point where the real issue will be decided; apart from the 
great mass of immaterial and irrelevant details which 
have thus far obscured it. The idle discussion of the con- 
ditions of previous races has been abandoned, and the 
position of each party is now clearly defined. On the 
part of the New York Y. C. there is a positive refusal to 
make any terms save on the basis of a full and complete 
recognition by the challenger of both the legality and 
fairness of the new deed. The Royal Yacht Squadron, on 
the other hand, has expressed the strongest condemnation 
of the new deed and has twice refused to race under it. 
The question now is, which side will make* a full and 
unconditional surrender; and yachtsmen will await 
anxiously the decision of the Squadron on Jan. 7. Should 
it recognize the new deed there will be a race next year; 
should it stand firm in its present position there will be 
no race for the America's Cup until the New York Y. C. 
shall do openly and officially what it has already done 
informally and i regularly, i. e., repudiate the new deed 
of gift. 
Should the Squadron on Jan. 7 decide to recognize the 
new deed, such recognition will be based on the under- 
standing that by its new interpretation of the power and 
extent of the mutual agreement clause, the New York 
Y. C. has formally and officially established a precedent 
which shall be binding for all time. This assumption, 
however, will not hold in the face of a precedent estab- 
lished by the New York Y. C. in its decisions for twenty 
years — that a holder of the Cup cannot recognize as a 
challenge any letter or document which does not comply 
strictly with the specifications of a "challenge in due 
form," as laid down in the deed of gift. As late as 1886 
this decision was most emphatically enforced in declin- 
ing the challenge of the Eoyal Clyde Y. C, and it was 
affirmed a year later in the refusal to recognize as a 
challenge the letter of Mr. Sweet, giving notice of an 
intention to challenge and making overtures for a mutual 
agreement. 
In view of this precedent so strongly established, and 
of the action of the makers of the new deed in debasing 
the mutual agreement clause to a subordinate position 
where it relates to details and not to essentials, the 
present position of the club in repudiating the dimension 
clause and restoring the other is most illogical and incon- 
sistent. What is worse, if the words of the new deed 
mean anything at all, this new interpretation cf its 
provisions is distinctly illegal. 
In accepting the challenge of Lord Dunraven in 1892, 
with but one dimension given, the New York Y. C. 
clearly violated Clauses 5 and 10 of the new deed. This 
year the same thing has been repeated, and the commit- 
tee has even gone further and offered to sail a match in 
November, in opposition to the plain words of Clause 5. 
Should the Royal Yacht Squadron accept the terms 
now offered, and agree to race under the interpretation 
now placed by the club on the clauses in question, it may, 
in the event of winning the races, be confronted with a 
perfectly legal objection on the part of members of the 
New York Y. C. to the delivery of the Cup, on the 
ground that the club had no right to offer it on terms 
other than laid down in Clause 5. 
We repeat what we have many times urged, that there 
can be no permanent and satisfactory restoration of rac- 
ing for the Cup under the new deed of gift, whether in- 
terpreted legally and literally, as first intended by its 
makers, or under the absurd and illegal misconstruction 
of its provisions which they have adopted as a last resort 
to obtain races under it, 
One of the industries of Essex county, N. Y., which 
should not be overlooked, is the capture of bears and rat- 
tlesnakes. The committee on bounties report to the 
Board of Supervisors of that county that during the past 
year they have allowed twenty-nine claims for the bear 
bounty aggregating a total of fifty bears, and fifteen 
claims for the rattlesnake bounty, with a total of 178 
snakes. Each bear cost the State $10 in bounty money 
and was worth much more to its captor. A conservative 
estimate would make bears worth on the average, in- 
cluding bounty, at least $25, which foots up for the fifty 
to the neat little sum of $1,250. The rattlesnakes only 
drew a bounty of a dollar a piece, but no doubt something 
additional was realized from their oil and skins, so that 
they probably brought their captors over $200 in cash. 
The hunting for both snakes and bears is generally done 
in the early spring or the fall at a time when other busi- 
ness is not pressing, and we have no doubt that this item 
of nearly $1,500 came in very nicely for the sturdy 
Adirondack and Champlain hunters. 
Mr. Andrus has also secured the co-operation of the 
express companies and they too have issued instructions 
to agents, similar to these of the Northern Pacific Express 
Company: 
To all Agents Northern Pacific Express Co : Gentlemen— This 
etter when presented to you by — ■, game warden of the 
State of Minnesota, will be your authority for allowing him to examine 
any packages suspected to contain game or fish shipped out of 
season, and contrary to the laws of the State of Minnesota. Yours 
truly, W. S. Hay, Superintendent. 
The permission thus accorded to enter freight and 
express cars and offices obviates the necessity of search 
by warrant; and with such machinery the Commission- 
ers have the transportation of game and fish practically 
within their control. 
The cold storage companies, also, recognizing the 
authority of the Commission and admonished by the test 
suits referred to, have acceded to requests that they 
should co-operate with the authorities to make good the 
provisions of the law as to possession in close season, and 
have refused to receive game during the close season, 
and at the end of the open season they report to the 
Commissioners the amount of game on hand and the 
names of its owners. Under the Supreme Court decision 
the Commissioners are authorized to take into possession 
and dispose of all such game. 
Now, what is the result of the new law audits adminis- 
tration? The Commissioners advised us the other day, in 
r^ply to our inquiries: "As a result of our labor during 
the past year we have to say this: On the first day of the 
open season, which was Sept. 1, for birds in this State, 
there was not a bird to be had in the open market. It 
had been customary heretofore on tne first day of such 
season to have on sale anywhere from two to five thous- 
and birds in St. Paul and Minneapolis, and the incoming 
trains from the game sections of the State have been 
laden with birds that have been killed previous to the 
open season, and were ready for market on the first day 
of such open season. This year on the last day of the 
close season a warden was sent out on each road that 
centers in Minneapolis and St. Paul, who boarded the 
train somewhere after dark and whose instructions were 
to take possession of any and all game that was offered 
for transportation up to daylight on the morning of Sept. 
1. There were nine of these wardens, and it gives us 
pleasure to say that there was but one batch taken on all 
these roads by any of the wardens, and this was a little 
bunch of thirty-two birds. The facilities offered us by 
the transportation companies for transacting our work 
were all that could be desired and no obstruction was 
placed in our way." 
Here then in Minnesota we have game protection that 
protects. The system is not perfect; there remains much 
to be done. The Commissioners themselves would be the 
first to say so much as that. But the past and present 
give abundant earnest for the future. Nowhere else is 
the promise for fish and game interests better assured 
than for those of Minnesota, if they shall remain under 
the same wise guidance and control which have brought 
them to their present development. To that control they 
may well be intrusted. 
The citizens of Minnesota are to be congratulated upon 
having as the executive agent of their Fish and Game 
Commission so zealous, active and efficient a gentleman 
as Mr. W. P. Andrus. He has the good of the cause 
earnestly at heart. He has proven himself possessed of 
unusual executive ability and force in the administration 
of the duties connected with his present position, being 
quick to decide all questions that require courage, and 
then to adhere firmly to such decisions. In the manage- 
ment of the large force of wardens under his direction 
he has displayed particular aptitude and discretion. He 
is a born leader in the cause which he has championed; 
and the interests intrusted to his care by the State have 
been protected. His reputation is not confined to the 
State of Minnesota, but he is widely known and quoted as 
authority in his field. 
His efforts have not only been directed to the protection 
of game and fish, but he has taken an active interest in 
their propagation and distribution. The fish hatcheries 
of the State have been under his immediate control, and 
from a small beginning he has in the past four years made 
hem now of great value. The output has been largely 
ncreased and many dollars have been added annually to 
he State'sjresources through his efforts in this line. 
PRESERVES IN THE ADIRONDACK PARK. 
We give to-day a carefully prepared map of the private 
preserves included within the boundaries of the Adiron- 
dack State Park. This map is based on Stoddard's Map of 
the Adirondacks and the last report of the State Forestry 
Commission. It attempts to show the location of the 
principal private preserves within the limits of the pro- 
posed State park, and in a rough way to indicate their 
extent. In many cases it has not been possible to locate 
club boundaries with any degree of accuracy, and no 
doubt many discrepancies will be found in the detail, but 
we believe that in all important features the map is vir- 
tually correct. 
A first glance at the map will surprise many who have 
COMMISSIONER W. P. ANDRUS. 
not kept up with the recent drift of Adirondack affairs, at 
the great extent of club and individual preserves. It will 
be seen that the heart of the region, so to speak, has been 
cut out and appropriated by private interests. From east 
to west a cordon of preserves girdles the Adirondacks, 
and, with few exceptions, all the best and most desirable 
lands and waters are potentially closed to the public. 
It is somewhat startling to be told that the private parks 
in the Adirondacks to day occupy a considerably larger 
area than the State of Rhode Island, and that a man 
might travel ninety miles in a comparatively straight 
line without being fifteen minutes out of sight of a tres- 
pass notice. This is what the Forestry Commission report 
says of the State lands: 
The private preserves in every instance are in one solid block; the 
State lands are scattered in small parce s all over northern New York. 
Some of the preserves have 100,000 or more in one solid forest; the 
State has not 15,000 acres in any one parcel. 
The State of New York is alone responsible for this con- 
dition of affairs. The individuals who own the preserves 
have only done what any one else would do who had the 
means and inclination. In fact, these individuals in 
many cases have won a right to the esteem of the com- 
munity by the disinterested way in which they have 
administered their great holdings. In some of them, 
such as the Adirondack Mountain reserve, the public is 
accorded practically the same privileges as club members, 
and very few have tested the extent of their legal rights 
by closing their waterways or paths. 
The Forestry Com mission, appointed April 10, 1893, is 
doing now what should have been done years ago, and it 
is safe to assume that much good might be accomplished 
even in this late hour. The Commission has mapped out 
a practical plan for the State to gain control of the 
remaining land not already in its possession, and aside 
from that owned by clubs, and it is hoped that the Legis- 
lature will awaken to the necessities of the case, and 
appropriate the three and a half million dollars required. 
The State Park as defined by the Commission embraces 
an area of 2,807,760 acres of land, or 4,387 square miles. 
Of this the Sta'e at present owns 551,093 acres. It also 
owns 180,366 acres in the immediate neighborhood, but 
outside the park, which can at auy time be sold and the 
proceeds used to buy land inside under certain conditions. 
The remainder of the land within the Park limits, or 
about two and a quarter million acres, is held under 
private title, and of this about 825,000 acres may be 
