328 
FOREST AND STREAM. 
[Oct. U, 1896. 
THE LONG ISLAND DUCKING LAW. 
A NOTE in these columns the other day stated that "the 
New York law permits duck shooting from boats propelled 
by hand and from sail boats in Long Island Sound, Gardi- 
ner and Peconic bays; but it does not permit shooting 
from naphtha nor steam launches, which is reported to be 
practiced extensively." 
The statement of the law as to naphtha and steam 
launches was only partially correct; that is to say, wbUe 
the text of the statute does specifically permit the use 
of row or saU boats, and does not by direct declaration 
permit naphtha and steam launches, it does in effect per- 
mit the employment of these latter by .omitting any pro- 
hibition against them. We have been led to look into 
this law bv a letter from Mr. Francis Hoag, Jr., editor of 
the Suffolk County News, who wrote: 
Editor Forest and Stream: Please accept my thanlts for your very 
valuable little boot, Game Laws in Brief, received a day or two ago. 
I intend to quote Xroiu u this week the special laws relating to Long 
Island, but in preparing the copy I am surprised to find that, although 
it does not expressly say so, it implies that the shooting of wild ducks 
from sail boats is prohibited I am the more surprised because this is 
the common way of hunting rtieks down here, and I can hardly think 
that all our sportsmen ai-e intentional violalora of ihe law. Why 
should gunners be allowed to kill ducks from sail boats in Long Island 
Sound, Gardiner's and Peconic bays and not in the Great South Bay ? 
I cannot understand. 1 am not ai all anslous to criticise your book, 
nor is it my object to claim a reward for finding a possible error, but 
I am anxious lo publish the law exactly as it is, and if it has been 
recently amended In this particular I think the people should know it. 
If you could set me right you would be conferring a great favor. 
Fra>'cis Hoas, Jk. 
P 'As Mr. Hoag has already been advised, the Garne Lmos 
in Brief states the law correctly and as it appears in the 
original. The trouble is not with the Brief, but with the 
law itself. As to the apparent application of the law to 
some waters and not to others, that was probably the in- 
tention of the Legislature; the framers of the statute un- 
doubtedly meant to forbid the use of sail boats except in 
Long Island Sound, a,nd G-ardiner and Peconic bays. But 
as a matter of fact there is no prohibition of the use of 
craft of any character whatever or of floating devices of 
any kind in Long Island waters. Here is the law, all of 
it that bears on this point: Sec. 71, of general application 
to ail other parts of the State, reads, italics ours: 
Web-footed -wild fowl shall not be pursued, shot at, hunted, killed 
or caught, in any way, save with gun raised at arm's length and fired 
from ttie shoulder without other rest; nor from any boat other than 
a boat propelled by hand or floating device; nor by the use of any 
boughhonse at a greater distance than 50fC. from either the shore or 
a natural growth of grass or flags. Such fowls caught or killed in/ 
any manner prohibited by this section shall not be brought to the 
shore, sold or possess' d. The provisions of this section shall not ap- 
ply to Long Island and Long Island tiouna. 
But this by its express statement has no application to 
Long Island Sound and Long Island waters. The section 
relating to these is Sec. 162, the text of which runs: 
Floating devices may be used for the purpose of shooting web- 
footed wild fowl therefrom in Long Island Sound, Great South Bay, 
west of Smith's Point, Shinnecock and Peconic bays, and in any part of 
said counties said birds may be pursued and killed from boats pro- 
pelled by hand, and from any sail boats in Long Island Sound, Gardi- 
ner and Peconic bays. 
While this section says that floating devices and row 
and sail boats may be used in certain specified waters, it 
does not say that they shall not be used in other waters; 
nor does the entire game law anywhere make any such 
prohibition as to Long Island and Long Island Sound. 
The conditions are precisely what they would be if this 
Sec. 162 were not in existence; it is permissive only, and 
permissive of something which is not prohibited. Sail 
boats, naphtha launches, steam launches and floating de- 
vices are lawful in Long Island waters. 
The Legislature undoubtedly intended to have Sec. 71 
apply to Long Island "except as provided in Sec. 162," 
and this was formerly the wording; but the present 
phraseology does not carry over to Sec. 162 the prohibi- 
tions of Sec. 71. 
THE OHIO SUNDAY DUCKING LAW. 
F^-om the Cleveland Leader. 
One of the most trying subjects for the average legisla- 
tor to understand seems to be the proper protection of 
game and fish. Other States have the same trouble in 
this matter that has existed in Ohio, for the incongruities 
of almost all of the game laws of the various States are 
notorious. But the experience of the Ohio Legislature in 
trying to prohibit the hunting of ducts and wildfowl on 
Mondays and Tuesdays of each week so as to strengthen 
the law against Sunday shooting is ridiculous in tlae ex- 
treme. 
In March, 1887, the Legislature passed a game law 
which made an attempt ot this kind for the first time, and 
it was publithed correctly in the book of laws for that 
year. For several years previous the farmers living in the 
neighborhood of St. Mary's Reservoir and other inland 
lakes had been greatly annoyed by the hunters from the 
cities flocking to these places to shoot ducks and other 
game on Sunday. When on these trips a great many 
depredations were committed. The Legislature was 
finally appealed to, and in March, 18&7, ptssed a game 
law which provided for the seasons in which game should 
be killed, and, after prohibiting the destruction of nests 
and eggs of game birds and wiiufowl, the following com- 
plete sentence was added: 
Excepting in the waters of Lake Erie and the estuaries and bays 
thereof, no person shall, in any place, catch, kill or it jure, or pursue 
wlih such intent, any blue-winged teal, mallard, wooa duck, or any 
other duck, on Sunday, Mouday or Tuesday ot any week, between the 
1st day ot September and the 1st day of April of any year. 
The prohibition of Sunday shooting was thus made a 
part of the game laws of Ohio, and in order to aid in its 
enforcement the hunting of ducks and wildfowl was also 
prohibited on Mondays and Tuesdays of each week e>c- 
cepting in Lake Erie and the contiguous marshes, the 
latter being owned largely by clubs which do not hunt on 
Sunday. 
At the legislative session of 1888 some member of the 
Legislature had another amendment to make to the game 
law, and, as is usual in such cases, cut out the old law, 
and after putting in bis amendment or addition had it 
printed and passed. The printer, however, made a mis- 
take, and the vpords "excepting the waters of Lake Erie 
and the bays and estuaries thereof" were added to the 
clause prohibiting the destruction of eggs or nests of 
ducks and wildfowl, the law appearing as follows: 
No person shall destroy or disturb the eggs or nests of any birds 
named in this eeciitn, excepting in the. wavers of Lake Erie and the 
estuaries and bays thereo/; no peison shall in any place catch or kill, 
or injure or purstie with such intent, any wild duck on Sunday, Mon- 
day or Tuesday of any week between the Ibt day of September and 
the 15th day of December ol any year. 
In effect then it was unlawful to destroy the eggs and 
nests of any duck or game bird except on Lake Erie and 
contiguous marshes. 
Daring the last session of the Legislature, however, 
some new fellow saw a point in the game law that he 
thought needed tinkering. After making the desired 
tinker he came across the peculiar combination of blun- 
ders dating back as far as 1888. He therefore rewrote a 
part of the section, and after the usual prohibition regard- 
ing the destruction of eggs and nests the new law says: 
No person shall kill any wild duck on Sunday, Monday or Tuesday 
of any week on any of the reservoirs belonging co the State of Ohio or 
iti or upon ihe waters of Lake Brie and the estuaries and bays there- 
of. 
As the law reads now it is unlawful to hunt on Mon- 
days or Tuesdays on the reservoirs of the State or upon 
Lake Erie and adjacent marshes if they are considered 
estuaries of Lake Erie,"but nothing is said about other 
parts of the State. In reality, therefore, as great a blun- 
der is made by this new law as was made in 1388, because 
the inland lakes, rivers and creeks needed this restriction. 
In all probability the Legislature intended to only correct 
the blunder in punctuation in the old law, and restore the 
part relating to Monday and Tuesday hunting as it was 
in 1887, and it is likely that residents and members of 
clubs along Lake Erie marshes will continue to hunt on 
those days as usual. It is very singular, however, that 
some one cannot be found in our Legislatures who can 
frame an intelligent and just game law. 
PENNSYLVANIA STATE SPORTSMEN'S 
ASSOCIATION. 
Mr. H. M. F. WORDEN, chairman of the legislative com- 
mittee of the Pennsylvania State Sportsmen's Association, 
has issued the following circular to the members of that 
committee: 
Harrisburg, Pa,, Oct. 16, 1896.— The following com- 
mittees have been appointed by the chairman of the legis- 
lative committee of the Pennsylvania State Sportsmen's 
Association to draft the various acts suggested at the last 
annual meeting, held at Harrisburg, Pa., Sept. 3, 1896: 
An act to provide for the appointment of a game and 
fish warden, and prescribe his powers and duties: Jas. H. 
Worden, Harrisburg, Pa., chairman; F. P. Aberorombie, 
Williamsport; I. H. Harter, Belief onte; Hon. J. Riss 
Thompson, Erie; Thomas S. Dando, Philadelphia: H. W. 
Nair, Beaver Falls: Hon. Henry D, Green, Reading; Hon. 
A. F. Thompson, Lykens; C. F. Emerson, Titusville; John 
M. Kelley, Montrose. 
An act, or acts, to make more uniform the game sea- 
son: J. F. O'Neill, Wilkes-Barre, chairman; James Scar- 
let, Danville; Samuel M. Downs, Mauch Chunk; W. F, 
Dittrich, Towanda; Jesse O. Allen, Uniontown; C. F. 
Brownell, M.D., Sfcroudsburg; C. J, Jessup, Kittanning; 
W. H. Burnham, York; H, M. Brackenridge, Natrona; 
Thomas Nelson, Chambersburg. 
An act to regulate the possession, use, transportation 
and sale of fish and game: J, F. O'Neil, Wilkes-Barre, 
chairman; James Wolstencroft, Frankford, Philadelphia; 
John A. Wilson, Franklin; R, E. Shearer, Carlisle; Nor- 
wood Johnson, Canonsburg; C. K. Sober, Lewisburg; J. 
F. Bell. Carmichaels; Hon. R. J. Baldwin, Chadd's Ford; 
A. D. Sutton, Indiana; R. Van Gorder, Dingmans; J. O. 
H. Denny, Ligonier. 
When the committees have completed their work the 
bills will be printed for distribution to the various clubs 
and associations forming this Association and all mem- 
bers of the legislative committee for their indorsement. 
We trust that all members of the Association will interest 
themselves in seeing that they are properly circulated and 
brought to the attention of all classes of our State's citi- 
zens. Let us unite for once on an object which affords 
all classes of our citizens both remuneration and recrea- 
tion. - 
There is no subject so generally misunderstood by a 
large class of our people as that of game and fish as a 
food supply, it being generally looked upon as belonging 
to a distinct class of lovers of the rod and gun. It should 
not be so considered. There are many who never stop to 
calculate that every acre of waste land within the State 
is capable of providing food in the shape of game. The 
hundreds of thousands of acres in this commonwealth 
now barren of game are the most natural breeding 
and hatching grounds for certain periods of the year. 
- The results cannot but prove beneficial to all classes of 
our citizens, and the same is true of our inland lakes and 
streams. 
Liberal as have been this State's appropriations to its 
fish interest specifically, it is not very creditable to those 
interested in game to be compelled to admit that it is not 
a matter of record where one dollar has ever been specific- 
ally appropriated for game protection; it is therefore but 
just and fair to assert that the information and data 
now in the posseBsion of this committee warrant us in 
asserting that the value of our game taken annually, and 
that too without any protection or appropriation for the 
same, is far in excess of that of the valuation of the fish 
taken from the waters of the State; the question natural- 
ly arises: What would its value be if properly protected? 
It would appear to me to be no fault of those intrusted 
with the affairs of State that these conditions exist, but 
rather with those who should be interested in preserving 
our game, that the rich and influential State of Pennsyl- 
vania should stand alone among its sister States failing 
to recognize that its people have a game interest needing 
protection, 
This Association is not an advocate of foisting on the 
State a syetem of protection entailing unlimited expenses 
or leaving a loop hole that they may be created, but does 
claim that one combining the protection of both our fish 
and game interests can be inaugurated, and both effect- 
ively and successfully carried out, at no greater expense 
to our State than at present for fish specifically, 
I would respectfully refer all doubters of the above 
assertion to the system now in most successful operation 
in the State of Michigan; under date of July 27, 1896, I 
quote from a letter of the State game and fish warden; 
"I have held the office just a year and a half. So far 
this year we have prosecuted about 350 cases, making the 
total record of the office during my administration about 
850 cases prosecuted. I cannot give you the exact num- 
ber, as the reports for this month are not all in." 
To perform all this work the State warden is limited to 
a clause in the act creating his oflSce which reads as fol- 
lows: "But the number of deputy wardens shall not ex- 
ceed ten, and the total amount certified by the game and 
fish warden, and approved by the auditor -general, for 
compensation an J expenses of deputy wardens in any 
one year shall not exceed the sum of $2,000" 
Having every confidence in the good judgment, sagacity, 
as well as knowledge of the situation by the gentlemen 
composing these various committees, I shall deem it the 
part of wisdom not to commit them further or to antici- 
pate their deliberations. H. M. F. Worden, 
Chairman Legislative Committee. 
RHODE ISLAND SPORTSMEN. 
Providence, R. I., Oct. 19.— Editor Forest and Stream: 
Allen Stone, of Foster, who has created quite a stir in 
Olneyville, and in fact throughout the State, by his 
alleged violations of the game laws in the town where he 
resides, was in the Eighth District Court a few days ago 
adjudged probably guilty and bound over to the Decem- 
ber term of the Court of Common Pleas, bail being fixed 
at ,$500. Franklin P. Owen appeared as his counsel, law- 
yer H. F. Thompson having acted in that capacity hereto- 
fore. The reason of this change was, it is said, a matter 
of fees. The case was beyond the jurisdiction of this 
lower court in consequence of the combining of the nine- 
teen cases first put against Stone for having that number 
of partridges in his possession. 
Had the question of W. L. Plaisted's eligibility to serve 
the warrants upon Stone been argued" before lawyer Til- 
linghast's recommendation that the entire number of case 
warrants be discontinued, Judge Phillips would have ren- 
dered a decision declaring that all elections of game offi- 
cers by the town councils of Johnston had been illegal, 
owing to the non-conformance with statutory law, which 
provides for election in the month of April of four such 
officers. Mr. Plaisted, by virtue of his legal election in 
1892, would have held over, his successor having never 
been appointed. Plaisted was elected at that time, and 
having duly qualified, he, under the statute, was still a 
constable, because it provides that such officer shall hold 
office until his successor is duly elected and qualified. 
The farmers in various parts of the State say that rab- 
bits have not been so plentiful in the woods on their farms 
for years as they are this fall, and they are now in con- 
siderable numbers within a sbort distance of houses and 
much -traveled highways. They have become so bold as 
to visit fields of cabbage, and in some cases have done con- 
siderable damage. 
Officer Hart B. Pierce, of the Fourth Police Station, one 
of the best-known coon hunters in this vicinity, returned 
last week from a ten days' furlough, which he spent in the 
Green Mountains, Vermont. In company with his brother, 
George W. Pierce, of Brattleboro, Vt., &nd another sports- 
man, they spent a little more than a week in the moun- 
tains, with five nights that were suitable for himting. 
They were successful in capturing just twelve coons, the 
largest weighing 34jlbs. 
Numerous hunting parties from different parts of this 
State have been enjoying shooting down in Maine. J. R. 
Caswell and Messrs. Hay and Wallington, of Warren, 
shot five deer; John Booth, of Central Falls, got a moose; 
James Andrews and Charles D. Wood, of the same place, 
also secured a moose. 
Councilman Frank L. Budlong, of Auburn, with his 
party, consisting of Councilman W, Dean and R. M. 
Dean, returned last week from a most successful hunting 
trip in the wilds of Maine. They were gone about a 
month, and their party is said to have been one of the 
most successful of the season. Among the trophies of the 
chase Mr, Budlong has a moose and a caribou, Councilman 
Dean a caribou, and R. M. Dean a moose, a caribou and a 
deer. Each man shot two deer, but the one brought 
home was the only one having a good set of antlers. Mr. 
Budlong has' many souvenirs of the chase about his home 
and office. He has hunted in many parts of the United 
States, and is considered one of the best shots in Cran- 
ston. 
Charles H, Sparks, H, W, Eddy and Irving W, Bliss, 
of the Maine hunting party from Warren, returned Tues- 
day. The only deer secured was shot by C. H. Sparks 
and was brought home. One of the members of the party 
was hunted by a ferocious moose while experiment- 
ing with a new bark moose horn, which proved more 
successful than desired. The huge animal dashed out 
of the brush toward the hunter, who fled for the cabin 
and security. Both the animal and hunter escaped. 
Dr. Nelson R. Hall, who returned Saturday, shows as one 
of his trophies a very handsome red fox skin, 
W. H. M. 
THE RUSH TO MAINE. 
Boston, Oct. 17. — Never has the big game season in 
Maine started with such force as this year. Before the 
opening the reports of game seen were wonderful, but 
since the opening the number ordeer taken has been per- 
fectly marvelous. The season is not of the best for hunt- 
ing deer, and yet a great manybave fallen to the hunters' 
rifles. Every train from Maine brings deer. The Ameri- 
can Express Co. is reaping a harvest in forwarding them. 
The express train that reaches Boston at 9:30 P. M. is a 
popular train for sportsmen to return on. That train 
Wednesday evening had on board twelve deer and a fine 
caribou head. The same train a day or two before had 
sixteen deer, and it is very seldom that it does not have 
two or three. One evening a few days ago there were 
landed at the Union Station a number of deer, a moose 
and a bear. The moose is reported to have been killed 
at the Megantic Preserve by a lady. The bear is claimed 
to have been fairly shot in the woods and not from a trap, 
as is too often the case. A number of sportsmen are in 
the woods after moose, but the number reaching Boston 
is small thus far. One has been purchased by a well- 
known market house and cut up for the trade. 
The Bangor & Aroostook Railroad is, of course, the 
great thoroughfare taken by sportsmen, but other roads 
are getting their share of the spurting travel and big game 
transportation. The Portland & Rumford Falls and the 
Rumford Falls & Rangeley Lakes roads have opened a 
comparatively now route to the Rangeleys, and sportsmen 
are going in by that route. Ttie other day there were 
three deer on the down train, with even more on other 
days. These came from Billy Soule's and the 'sricinity of 
the Upper Dam. The blacksmith at the Upper Dam is a 
good deal of a hunter. He has killed his deer, and John 
Chad wick's boy has brought down his deer with a .22cal. 
rifle. . The blacksmith went out the other day to get hh 
second deer. Working very carefully, he suddenly came 
