JAN. 26, 1896.] 
FOREST AND STREAM. 
ber, to about the twentieth day of October..! If these sugges- 
tions were adopted, thus abolishing the.^still hunting season 
between August 15 and September 1, it would result in a prac- 
tical abolishment of "jack" hunting, which cannot be success- 
fully carried on after the cold weather of September begins. 
This has been strongly urged by many people interested in the 
preservation of gain e. But in the opinion of your Committee, 
there is no need lor the adoption of such a stringent measure; 
for though "jack hunting" perhaps does not involve a very 
hiffh degree of sportsmanship, it still is- a popular sport, and 
furnishes a strong inducement for many people to visit the 
Adirondack regions during the closing weeks of August, and is 
thus a source of very considerable profit to the people of that 
locality, furnishing employment to many of the citizens; and 
the recent marked increase in the total number of deer in 
chat region, as shown by the evidence, renders the abolishment 
of 'Mack banting," unnecessary for the protection of that 
speciss of game. As a compromise on this point it would be 
well in the opinion of your Committee, to continue to allow 
still hunting from August 15 to September 1, and make the 
open hounding season from September 1 to October 20, both 
inclusive, at which latter date the hunting or killing of deer by 
any method should be prohibited. The adding by this course 
of ten days to the end of the hounding season would more than 
compensate the people of the Adirondack region for depriving 
them of the privilege of still hunting for the period from Octo- 
ber 20 to November , and would not result, in the opinion of 
your Committee, in the killing of any greater number of deer. 
The testimony is uniform that no material change is needed 
as to the open season for trout fishing; though in the opinion of 
your Committee, it is desirable that there should be a uniform 
open season for the entire State (with the exception of Long 
Island and adjacent counties), to wit, from the fifteenth day of 
April to the first day of September, on Long Island and the 
counties adjacent thereto the open season should commence on 
the first day of April and close on the fifteenth day of August. 
There is strong testimony to the effect that more stringent 
measures should be adopted to prevent net fishing and to con- 
strue a stricter i nfliction of the penalty for such violation of 
^A^demand is also made for a bounty upon foxes and owls, 
which, according to the testimony, are very destructive of vari- 
ous kinds of game. . . 
- A most serious conflict has arisen m connection with the shell 
fish industry between citizens of some of the board towns and 
private corporations who, according to the testimony taken 
before this Committee, appear to have recently occupied much 
of the best natural oyster and clam beds for their private busi- 
ness purposes to the serious loss and detriment of such of the 
inhabitants as formerly followed the calling of clamming, or 
clam digging, and who, by reason of such appropriation of the 
natural oyster and clam beds have been largely deprived of 
then- means of livelihood. If it were possible by statutory en- 
actment to furnish a remedy against this enerouchment by mc~ 
noply upon the rights of individual citizens; but the situation 
is very much complicated by the fact that under ancient 
charters the county of Suffolk and some of the townships in 
the county have vested rights covering the control and manage- 
ment of lands under water, with which rights the Legislature 
has seemingly no power to interfere; and it does not seem 
possible to suggest any legislation which would offer adequate 
remedy in this regard. In the opinion of your Committee this 
matter must be left for local adjustment. 
•-•.Relief to the people of these localities, however, and a great 
benefit to the general public would result from the establishing 
of one or more places by the State for the propagation of 
oyster seed This by placing the cost of oyster seed at a nom- 
inal price, would enable individual baymen to loose and culti- 
vate oyster grounds of unlimited area, which they are now 
practically precluded from doing, by the difficulty in obtaining 
oyster seed except through a large outlay of capital. 
There is no respect in which the propagation of food fish is of 
greater importance to the entire people of the State than in 
connection with the furnishing of shell fish. 
It appears from the evidence, as would bo apparent from a 
consideration of then- respective geographical positions that the 
southernly portions of the State, consisting of the counties of 
New York, Westchester, Kings, Queens, Richmond and 
Suffolk, and the salt water adjacent thereto, differ so materi- 
ally in point of climate and other respects from the other 
portions of the State that those counties should, in many re- 
spects be foverned by a separate game law. The spawning 
season for fish and the visits of migratory birds occur there at 
an earlier period than in the more northern portions of the 
State- and the shell fish interests which are of such great im- 
portaaice to' the people of those counties are a matter entirely 
foreign to the rest of the State. . 
It is gratifying to notice the progress made in the science of 
fish culture- and the attention which has been paid to the 
propagation'of food fish is especially noteworthy and commend- 
able In 1885 and 1886 ten millions of fish were hatched and 
distributed at a cost of six cents and ninety-seven one hun- 
dredths of a mill per fish; in 1888 and 1889 thirteen millions of 
fish were hatched at a cost of 158 one hundredths of a mill per 
fish while in 1893 and 1894, one hundred and thirty-six millions 
of fish were hatched at a cost of thirty one hundredths of a mill 
per fish, and of this number 134, OCX, 000 were food fish. 
As a result of the evidence brought before us, and a very 
careful consideration of the matters involved therein, we would 
respectfully recommend the following: 
First That the main features of the present game law should 
remain' unchanged except in the instance herein after referred 
to, or where changes are needful to make the law clear and 
more readily comprehensible. 
-Second, For the purpose of making the law more readily un- 
derstood we recommend that at the end of each section of the 
law the penalty for its violation should be distinctly set forth 
without requiring, as at present reference to various other 
^Thkd Penalties for ordinary violations of the law should 
not be made unduly harsh for first offenses; but for the more 
serious violations of the law an additional or increased fine 
should be nnposed for repeated offenses. 
i Fourth, ''he kilbng of the fish by the use of dynamite or 
other explosives should be punished with the utmost severity, 
including imprisonment, and this should be made mandatory, 
and not discretiouary with the acting magistrate. 
Fifth That the use of nets for catching fish of any kind in 
fresh waters of the State should be prohibited, except at a dis- 
tance of one mile from the main shore, or froin the shores of 
any islands in said waters. 
All nets used in the fresh waters of the State, except scap- 
nets or other small nets used for the catching of bait, should 
be licensed by the Fish Commissioners, who should be author- 
ized to seize and destroy all unbcensed nets. 
Sixth, The season for the killing of deer in all portions of the 
State except Long Island and the adjacent counties should be 
from August 15 to October 20, both inclusive; bounding should 
be permitted only from September first to October 20, both 
inclusive; and the killing of deer between October 20 and 
August 15 by any method should be prohibited throughout the 
entire State. In Long Island and the adjacent counties a close 
season of two years, prohibiting the killing of deer should be 
established, after which an open season from the first to the 
sixth of November, both inclusive, should be permitted. 
b Seventh, One or more places should be estabbshed at State 
expense for the propogation of oyster seed. 
Eighth, The special enactments by Boards of Supervisors 
heretofore adopted modifying or amending the general game 
laws should be repealed, and, except in connection with the 
slieU fish industries, where vested charter rights are involved, 
the Board of Supervisors in the respective counties, should have 
no power to in any way modify or amend the game law. 
Ninth, The unlawful transporttion or possession of deer by 
any person while ostensibly engaged in the employ of a com- 
mon carrier should be made an offense on the part of such 
common carrier and punishable as such. 
Tenth, The law should be made as liberal as possible in per- 
mitting the spearing of suckers and the taking of other common 
food fish in waters throughout the State not inhabited by trout, 
in order that the rights of the people in this respect may not be 
unnecessarily interefered with. 
Eleventh, Without reflecting at all upon the present Board of 
Fish Commissioners, against whose administration of their 
office no complaint of any nature has been made to our Com- 
mittee, we feel that the protection of fish and game is of such 
vital importance to all the people of the State that at least one 
of the Commissioners having charge of this department should 
be paid a salary sufficient to compensate him for the time and 
labor which the proper performance of his duties involves. 
We should also recommend that the number of Commissioners 
be reduced to three. 
Twelfth, That the number of game protectors be increased 
from twenty to forty. All of which is respectfully submitted. 
As3emblyman Husted has introduced a bill providing: "It 
shall be unlawful to kill or attempt to kill any deer swimming in 
the water ol any lake or pond, or, while hunting any deer, to use 
a boat in pui suing or heading it off winle soswimming, or to use 
any jack light or other artificial light in hunting or kdling or 
attempting to kill any deer." 
Fish and Game in Idaho. 
Editor Forest and Stream: 
In a recent issue of Forest and Stream I noticed a commu- 
nication headed : 'A Paradise for Poachers," by "Salt Lake." 
relating to the wholesale destruction of trout inthe north fork 
of Snake River. The writer hits the nail on the head; but he 
does not tell half the story, undoubtedly because he is 
acquainted with a small part of this beautiful stream only. 
The unlawful catching of trout by seine, spear, dynamite and 
fish trails has been carried on successfully by a whole com- 
munity for the last ten years or more, without any serious mo- 
lestation for the fishermen. True enough, at rare intervals 
arrests have been made, but not once have any of the law- 
breakers been convicted. The attorneys for the defense have 
succeeded in demonstrating that the old law was unconstitu- 
tional, and under the new law the only case that has come up 
had to be dismissed for want of sufficient evidence. 
Prior to the new State law of 1893, trout could be caught at 
any time during the year, and spearing and seining were car- 
ried on openly, so much so, that the U. P. Ry. in its "folder," 
describing the pleasures awaiting the tourist going into the 
Yellowstone National Park by way of Beaver Canon, adver- 
tised the spearing of trout as one of the great features of the 
trip, speaking of catches of a thousand pounds in one night. 
There is no more spearing done at the old Snake Paver Hotel, 
the property having changed hands some five years ago, but 
even to this day the U. P. ( continues to advertise the spearing of 
trout, as one of the tourist's pastimes, though it is contrary to 
the law of 1893. 
According to this new law trout can be caught between the 
15th day of April and the 15th day of November, and that with 
hook and line only, and the selling and shipping of trout is 
prohibited. Notwithstanding this striugent law the unlawful 
fishing has been continued the same as of yore. Not only is 
spearing carried on in an extensive scale at the Upper Crossing, 
but there is not a hole in the river between that place and the 
lower end of Island Park, a distance of about twenty-five 
miles, that is not seined out as regularly as the contracts for the 
supply of the markets of Helena, Butte, Salt Lake City and 
Denver demand it. All the tributaries to the North Fork are 
depleted of trout and as thoroughly cleaned out as the ware- 
houses of dry goods merchants by means of their "bargain 
days." Buffalo River, which in years gone by was beaming 
with heavy weights of from 3 to 5 pounds, is a barren stream 
now. Shotgun Creek, Mack Creek, Icehouse Creek, and 
Sheridan are, everyone of them, considered by the fishermen 
as their pjrviate property. 
The demand for large" trout has decreased considerably— they 
are worth only about 15 cents for the seined and 10 cents for 
the speared fish — whereas small trout, brook trout, is worth 25 
cents. These are in great demand; hence the smaller creeks 
have to supply the markets. The different forks of Camas 
Creek are seined out periodically by an old "sportsman," who, 
I am told, is a contributor for one of the sporting papers, and 
the Pacific Express agent in Beaver Canon is kept busy ship- 
ping as salmon-trout, the fish which come in wagon loads twice 
or three times a week. 
Icehouse Creek furnishes its quota, which is marketed by the 
fishermen in Shotgun Valley. One of these boasts of a "fish- 
ery," covering 600 acres, most of which is dryland through. 
He has never made an attempt to stock it in a legal manner; it 
is nothing else but a huge fish trap for the trout of Snake 
River. 
Island Park, besides being the favorite resort for the fisher- 
men of Upper Snake River is also much fancied by certain 
parties from around Egin and Rexburg, who get in their work 
and spear. I have been told that these same parties have been 
going as far as Jackson's Hole, and Jackson's Lake, aud have 
done their work in such a business-like manner that the settlers 
in that part of Wyoming have given them warning not to show 
themselves any more under penalty of being handled without 
judge or jury. (These Jackson's Hole fellows appear to be put 
up of the right kind of stuff and it looks as though the Fremont 
County people might buy some of their pluck.) 
Notwithstanding the closed season from Nov. 15 to April 15, 
the winter fishing at Henry's Lake was carried on last year as 
usual. "Salt Lake" speaks of 70 tons (seventy tons) having 
been taken out of that spawning bed. One hundred tons would 
be nearer to the truth as last winter's catch. The markets of 
Butte and Helena were so overstocked with trout last winter 
from Henry's Lake, that thousands of pounds spoiled on the 
fishermen's hands. 
The fishing is not so much done with the spear, as related by 
"Salt Lake," as with hook and line. They do it quite comfort- 
ably, too. A board shanty is built on the ice; a small stove 
keeps the person warm (women fish as well as the men), a hole 
is cut through the ice inside the shanty, and another hole on the 
outside. The light reflecting through the outside hole enables 
the person inside to see the trout through the inside hole and as 
they congregate in large numbers underneath the air hole, and 
are so hungry that they will bite at a piece of red flannel as 
bait, the fish can be hauled out as fast as they can be un- 
hooked. Grub worms are also used as bait; they are worth two 
cents a piece but one worm does for a number of fish. Three 
hundred pounds per day is about an average catch. 
Another way to catch the trout is by means of the gaff. For 
the sake of the uninitiated, let me explain that a gaff is com- 
posed of three large hooks, fastened together to a line on a 
short stick. Above the three hooks is a smaller hook which is 
baited. When Mr. Trout comes to examine the bait the line is 
suddenly drawn up and the fish is pulled up with one of the 
three hooks imbedded in his belly. 
One would naturally wonder how such a state of affairs is 
permitted to exist. The solution is a very simple one: on 
account of the interests centered in the salmon-trout fisheries in 
tue Northwestern part of Idaho, the new law was not made 
applicable to salmon-trout. The fishermen were not slow in 
taking advantage of the wording of the law. They procured 
some of the largest specimens of the Rocky Mountain trout— 
cut-throat trout— JSalmo mytess and sent them to the Governor 
of the State and to the U. S. Fish Commissioner in Washing- 
ton; and they have claimed ever since that both these authori- 
ties decided that the trout sent them were salmon-trout, though 
every one knows that there is no salmon-trout in.Snake River 
above Shoshone Falls, for the simple^reason that they cannot 
ascend the falls. Besides, there is as much difference between 
a salmon-trout and a Rocky Mountain trout as there is between 
a pike and a herring. 
So far then the fishermen have had things all their own way, 
and as "Salt Lake" correctly remarks, nobody seems to care, 
and the State authorities are either too busy to enforce the law 
or else they are asleep to one of the best interests of the State. 
Instead of preserving the fish for the benefit of the residents of 
the State, and of encouraging the visiting sportsmen from all 
over the United States to bring into Idaho part of the money, 
which, as a rule, is freely spent by them, year after year, in 
less favored localities, the State and county authorities permit 
a few to infringe upon the rights of the people at large, by 
allowing those few to destroy a source of revenue without the 
State receiving a dollar in return. 
The class of people who carry on the unlawful fishing as a 
business are, as a rule, neither a benefit to the community nor 
are they themselves benefitted by then- vocation. They despise 
manual labor of any kind, they sow not, neither do they reap, 
they are just as poor to-day as they were ten years ago, for 
they spend what they get in way of returns for the fish shipped, 
as easily as they catch the fish, many of them not having 
enough at the end of the season to buy their winter's "grub- 
stake" with. The amount of taxable property owned by them 
amounts to very little if anything. The people who live on 
their spoils are a few saloon keepers, tbe Pacific Express Com- 
pany comes in for its share, but those make the most on the fish 
are the dealers, in the adjoining States, who know full well 
what a hold they have on the fishermen, and who make to them 
such returns only as they please. In the meantime the trout is 
rapidly disappearing, and the white-fish, which, next to the 
fishermen, are the trouts' greatest enemy, are flourishing and 
increasing rapidly. 
I have fished in many streams but I have yet failed to find 
Old Snake River's equal for the sport it has afforded hitherto 
and which, unless radical measures are taken for the preserva- 
tion of the trout, will soon be a thing only to be looked back 
upon with both pleasure and regret Boise. 
Genesee Valley Association. 
The annual meeting of the Genesee Valley Fish and Bird Pro- 
tective and Propogatory Association was held in Rochester, 
Jan, 9, a good attendance being present. Secretary Amsden 
read the report of the Executive Committee, as follows: 
"Your Executive Cmommittee is pleased to report that the 
past year has been very satisfactory; our waters have been 
better protected than ever before, the prospect for good fishing 
is excellent. 
"Our protectors, Messrs. Schwartz, Marshall, Brooks, and 
DeLaverne, have been most efficient and deserve the praise of 
the community and our association. Their arrest of violators 
and destruction of illegal devices have been so general and 
numerous, as to thoroughly discourage the miserable fish 
pirates. 
"We believe that the good fishing in our waters around our 
city next season will so convince the pubbc of the wisdom of 
our efforts that this association will be more than ever appreci- 
ated; that sentiment in favor of protection is growing we are 
confident; that fish in public waters belong to the people, and 
laws have been enacted to protect the fish. The laws must be 
enforced is the motto of our association. We look for the time 
when any citizen, rich or poor, can take a rest from his labors 
and catch a fine mess of fish for his table. 
"The ponds west of Charlotte, the bay, the river and the lake 
at Charlotte, Black Creek, and the upper river are grand fish- 
ing waters and fine breeding places for fish, if kept free from 
violators, - and can be made alive with fish. From reliable 
sources we learn that the fishing in the bay and ponds has 
shown a decided improvement during the past season. 
"The Park Commissioners have joined with us in the work, 
and are determined that the water under their care shall not be 
poached. If their efforts prevail, the upper river will again be 
what it once was, a choice water for anglers and a blessing to 
our hard-working clerks and mechanics, giving them an oppor- 
tunity for a quiet and successful angle after the day's labor is 
over, and furnishing another added charm to our system of 
parks. 
"The New York State Fish Commission, appreciating our 
work, has been very liberal to us in the distribution of frv for 
planting, and the coming season we are promised another large 
supply. Hemlock and Conesus lakes, both resorts for many of 
our citizens, have been well looked after by the local organiza- 
tions, and the people in the vicinity, who at first were in oppo- 
sition, now see the benefits and give these organizations their 
support. 
"VVhile looking after the fish we have not been forgetful of 
the birds, for the association was formed to not only protect 
fish but birds— song birds as well as game birds. One section 
of the State laws prohibits the railroad and express companies 
from transporting birds unless accompanied by the one who 
shot them; this is an excellent provision aud will do much if 
enforced to stop the shooting for market purposes. Your com- 
mittee has been giving the matter special attention. We have 
also in a careful manner tried to plant or introduce the Mon- 
golian pheasant and quail; this has been left to our Special 
Bird Committee, which will make a separate report. 
"Our funds have been limited, as you will see from report of 
the Treasurer, but; we have been careful to live within our 
means. 
_ "The preservation of forest, fish and bu-ds is attracting atten- 
tion in almost every State of the Union. Tracts of land are 
being set apart for public preserves, by the State and National 
governments, numeious fish and game commissions have been 
formed and better laws enacted, and State and local protective 
clubs organized which have resulted in a greatly increased 
public sentiment." 
Teasurer H. D. McVean's report showed receipts for the year 
of .$322.58, aud expenditures of $222.33, leaving a balauce in the 
treasury of $100.36. 
Chairman Thomas W. Fraine, of the Bird Committee, re- 
ported that a hundred Mongolian pheasants' eggs had ben pur- 
chased last June from Verner De Guise, of Mahwah, N. J., and 
that fully one half of these were successfully hatched. These 
birds, he said, were being cared for by Thomas Toogood, of 
this city; J. Hitt, of Penfield, and L. D. Ely, of Brighton, and 
were all doing well. He said that the committee expected to 
have at least 150 pheasants for liberation this year. The report 
showed that eighteen dozen quail had been imported from the 
South and that the birds had been liberated in Genessee Valley 
Park, Seneca Park, Penfield, Wheatland, Brighton and in this 
city. Mr. Fraine said these quail were all doing well. Speci- 
mens of both the pheasants and quail were exhibited for the 
inspection of the members. 
A resolution rcommeuding that the Legislature pass a law 
prohibiting rabbit shooting after the first of January was 
adopted. Secretary Amsden said that this would do away with 
the "accidental" shooting of game before season while hunts- 
men were ostensibly out for rabhits. 
The following resolution commending Game Protector George 
M. Schawrtz in his efforts to enforce the game laws was then 
adopted: 
"For the past eighteen years Goeorge M. Schwartz has acted 
as one of the State Game and Fish Protectors of this State. 
During all of that time his lecord as a Game Proctector has 
been open to the scrutiny of the public and has at all times met 
with the unqualified approval of all persons interested in the 
enforcement of the game laws. 
"His record as a State Game and Fish Protector is excelled 
by none of the gameprotectors of this State and is equalled by 
very few, if any. We acknowledge our appreciation of the 
