May 8, 1897.] 
FOREST AND STREAM. 
371 
have appeared to be an indication of indecision, and tempor- 
izing was abliorent to liis nature. His beau ideal ot all 
iiuman perfection was Thomas Cariyle, and he emulated that 
great man in the robustnesses of his language and strength of 
his opinions. The persistent determination which he invari- 
ably displayed to get at the root of any difficulty is exempli- 
fied by his works, which are monuments of his dogged 
perseverance as they are of sound, plodding common sense, 
a little marred, perhaps, "bj prejudice here and there, and 
displaying occasionally a tendency to underrate the ability 
of opponents. Yet, taken all in all, the Fancy can ill spare a 
man like Mr. Dalziel ; for though his rugged independence of 
nature may have led him into committing errors of judg- 
ment, his hatred of persecution and tyranny, his utter disre- 
gard of personal interests when he considered he was in 
search of truth, his stanchness to his friends, and his devo- 
tion to the canine race, will unite to keep his name green in 
the memory of all who knew him, for many and many a 
year to come. Mr. Daziel was laid to rest at Heme Bay on 
Monday afternoon beside his wife, whose sudden demise on 
the 4th of the month undoubtedly hastened the end of her 
most devoted husband, whose state of health rendered it im- 
possible for him to withstand the shock." 
DOG AND THE LAW. 
The following exposition of the status of dogs as viewed 
by the law is of special interest to all dog owners. Coming 
from the highest authority, it may be accepted as final under 
the existing law and usage. There is in it much of warning 
to the owners of valuable dogs, who desire to have their dogs 
recognized as property; that is to say, it warns them that the 
laws made specially for the protection of good dogs must be 
strictly observed. An owner who ignores license and regis- 
tration of his dog, cannot hope for tlae benefits of them when 
the day of canine trouble comes. 
The case was discussed by Justice Brown in the Supreme 
Court, Washington, D. C.,"on April 23, The case was as 
follows: George W. Sentell's Newfoundland bitch, while 
following him in the street one day, stopped on the tracks, 
and was killed by an electric car of the Few Orleans & Car- 
rolltown R. R. The bitch was registered, was kept for huot- 
.ing purposes, and was claimed to be valuable. Among other 
thines, it was set forth that she did not see the car. and 
"beinff in a delicate state of health, and not possessing of 
her usual agility, she was caught by the car and instantly 
killed." In the District Court Sentell sued the railroad com- 
pany for $250 damages, and won his suit. The case was 
appealed, and the Court of Appeals reversed the decision of 
the lower court on the ground that the plaintiff should have 
complied with the State laws and city ordmances governing 
the ownership of dogs. In giving his decision Justice Brown 
said : 
"By common law," said Justice Brown, "as well as by the 
law of most, if not all, of the States, dogs are so far recog- 
nized as property that an action will lie for their conversion 
or injury, although, in the absence of a statute they are not 
regarded as the subjects of larceny. This shows that 
property in dogs is of an imperfect or qualified nature. 
They are not considered as being on the same plane with 
horses, cattle and sheep, in which the right of property is 
perfect and complete, but rather in the category of cats, 
monkeys, parrots, singing birds and similar animals, kept 
for pleasure, curiosity or caprice. They have no intrinsic 
value— that is, common to all dogs and independent of the 
particular breed or individual. Unlike other domestic ani- 
mals, Ihey are useful neither as beasts of burden, for draft 
(except to a limited extent), nor for food. 
"As it is practically impossible by statute to distinguish 
between the different breeds, or between the valuable and 
the worthless, all legislation on the subject, though nom- 
inally including the whole canine race,' is really directed 
against the latter class, and is based upon the theory that the 
owner of a really valuable dog will feel sufficient intertst in 
him to comply with any reasonable regulation designed to 
distinguish him from the common herd. Laws for the pro- 
tection of domestic animals are regarded as having but a 
limited application to dogs and cats; and, irrespective of 
statute, a ferocious dog is looked upon as hostis Mmuni 
generis and having no right to life which man is bound to 
respect." 
The laws of a number of Slates relating to dogs and de- 
cisions of the courts thereunder were quoted, going to estab- 
lish the principle that regulations for the keeping of dogs 
were a part of the police power of the States. The opinion 
then proceeds : 
"Although dogs are ordinarily harmless, they preserve 
some of their hereditary wolfish instincts, which occasionally 
break forth in the destruction of sheep and other helplet-s 
animals. Others, too small to attack these animals, are 
simply vicious, noisy and pestilent. As their depredations 
are often committed at night, itisnsu'ally impossible to iden- 
tify the dog or to fix the liability on the owner, who, more- 
over, is likely to be pecuniarily irresponsible. In short, the 
damages are such as are beyond the reach of judicial process, 
and legislation of a drastic nature is necessary to protect 
persons and property from annoyance and destruction. Such 
legislation is clearly within the police power of the State. 
While these regulations (in Louisiana) are more than ordinar- 
ily stringent, and might be declared to be unconstitutional 
if applied to domestic animals generally, there is nothing in 
•them of which the owner of a dog has any legal right to 
■complain. The statute really puts a premium upon valuable 
dogs by giving them a recognized position and by permitting 
the owner to put his own estimate upon them. The judg- 
ment of the Court of Appeals is affirmed." 
Ethan AUin Setters. 
l^EW HAVEtf. Qonu.— Editor Forest and Stream: You 
inquire about Ethan Alhn setters. I think Mr. Lester A. 
Pearle, of Hampton, Conn , can give you as much informa- 
tion about a certain strain of Ethan Allin setters as any one, 
for he had the last that I have seen. 
It always makes me laugh and then sigh when I hear about 
Ethan Allin's setters. I have seen a hundred and one that 
claimed to have an Ethan Allin setter, but they always have 
been of entirely different characteristics and color. [Jpon 
my visits to his kennel, I remember only his blue or steel 
gray, black and whites, and some that looked like half or 
ihree-quarters Gordons, and only one lemon and white; yet 
there are some who claim that the lemon and white ones are 
the only true and original Ethan Allins. These lemon and 
white ones originated from a bitch that I think came from 
Norwich, C'oun., or near there, and had her fii'st training by 
Ed F. Botham, of Hampton, Conn., which town adjoins 
Pomfret. After .Ethan Allm got her he showed her at 
Springfield, Mass., at a chicken and dog show, and it was 
said that he took a prize on account of her pointing a 
chicken while standing upon an elevated plank while the 
chicken was upon the other end. She then was called 
Ethan Allin's premium bitch, so far as she was known. 
I have had considerable experience with these lemon and 
whites, and do not thint them worth the powder to dispose 
of them. Their heads looked more like a collie, with crooked 
hocks and straight stifle, and they were so headstrong that it 
was almost impossible to well train them. They had good 
nose and were stanch as rocks when worked alone, but in 
company they would never come to a point until they got 
ahead, even though they flushed the bird. Every one that 
ever bought a dog of Mr. Ethan AUin always claim'ed to have 
an Ethan Allin setter, no matter what its size, shape or color; 
and as proof, would explain in unmistakable language, "1 
bought him from Ethan Allin myself." 1 must not forget to 
add, that many have vowed in full faith that Ethan Allin 
used to train from thirty to forty dogs in a season. 
E, K. Spbrrt, 
hiding. 
POINTS AND FLUSHES. 
And now comes a contradiction of the daily press report 
of 0 wney's death. He has mange, is ill tempered and travel, 
worn, but not dead. He possessed extraordinary skill in 
peacefully dozing on a mail .sack aboard a car, and eating 
such lunches as were offered him. By persisting in this, it 
became his life work, and thereby he won great fame. 
Having distinguished himself as the champion tramp dog of 
America, he now retires on his honors, that is, if there is not 
a later contradiction of the news. The Sun says: Owney, 
the postal dog, is not dead. He is in St. Louis, at the home 
of J. H. M, Elvin, a postal clerk, and will be cared for there 
until he dies. Owney has been the subject of official cor- 
respondence recently between the Post Office Department and 
some of its officials. When Capt. White, the General 
Superintendent of the railway mail service, read the despatch 
form Cleveland telling that the dog had been kdled by a 
policeman in the Union Station there for attempting to bite 
a man, he wrote a letter to George W. Pepper, Jr., Super- 
intendent of the service at Cleveland, requesting an official 
report on Owney's demise and information whether his skin 
could be mounted to be placed in the postal museum here. 
Mr. Peppers's official response was recieved by Capt. White 
to-day. It is as follows: "Respectfully forwarded to the 
General Superintendent of therailway mail service, Washing- 
ton, D, C, with the information that the dog raenfioned in 
this clipping was not Owney. A policeman killed an every- 
day, ordinary cur at the Union Station and a reporter did 
the rest. The last heard of Owney was that he had gone to 
Cincinnati to meet the new Superintendent, from which 
point he was 'routed' to the exposition at Nashville." 
Postal Clerk Melvin saw the story of Owney's death a few 
days ago, and to-day Capt. White received from him a letter 
saying that the postal dog had been in his possession for 
three weeks. He joined Mr. Melvin while returning from 
the Postal Clerks' Convention at San Francisco. Owney 
was suiiering from a severe attack of mange, and Mr. Melvin 
determined to hold him untill he was cured. The cure has 
been accomplished, but Owney has developed some ugly 
traits, due to his advanced years. He tiies to bite everybody 
he does not know. Mr. Melvin said in his letter that fie 
would line to keep Owney unlil he dies, and Capt. White 
has written an official communication granting the request. 
The rules, standard, stakes, list of officers and members, 
of the Irish Terrier Club of America, can be obtained of the 
Secretary Mr. O. W. Donner, Milton, Mass. 
The fifth annual field trials of the New England Bpaele 
Club, will be held at Oxford. Mass., begincing on Nov.'l. 
For particulars, address the Secretary, Mr. W. S. Clark," 
Linden, Mass. 
Under the date of April 29, Mr. C. E. Buckle writes us as 
follows : 
"The Charlottesville F. T. Kennels have .sold to .Mr. Bores 
Wostriakoff, of Moscow, Russia, the black and while pointer 
dog "Yankee" by champion Rip Rap ex Queen III. whelped 
ilarch 10, 1896. He is a very good looking and promising 
puppy Mr. Wostriakoff, whom it will be remembered at- 
tended the U. S field trials held at West Point, Miss., last 
Jan., intends to run him in the Russian field trials held on 
"snipe," and he will compete in their Dei-by next fall He 
was shipped to Savannah, Ga., April 26, where he will take 
steamer direct to St. Petersburg, and from thence to Aloscow 
by rail. It may be interesting to know that this is the first 
dog that has ever been exported from the United States to 
Russian soil, and the first black and white pointer that has 
ever gone there at all." 
In our advertising columns this week Mr, W. S. Bell 
announces the Blue Ribbon Stake (formerly the Derby) In 
a letter he requests us to say that "the entries close on May 
15, and those wishing to enter should do so by that time. 
Any one to whom blanks have not been sent can" have them 
promptly forwarded on application to the secretarv, 431 
Wood street, Pjtlsburg." 
Mr. M. Gurueeaga, care of Mr. F. de Guruceaga, commis- 
sion merchant, Puerto Cabdlo, Venezuela, writes Forest 
AND Stream that he desires to purchase two large dogs, and 
to that end requests that breeders will mail him their nfltfi.. 
logues 
KENNEL NOTES. 
Kennel Notes are Inserted without cliarg^e ; and blanbs 
rfarnished free) will be sent to any address. Prepared 
Blanks sent free on application. 
BRED. 
Mr. T. T. Asb ford's Balsora, pointer bitch, April 21, to Von Gull 
Mr. R J. Vadant, Jr.'s, Harrietta, poiater bitch, April k4, to Von 
Gull. 
Mr. W. T. Love's Fritz's Fay, pointer bitch, April 28, to Von GulL 
Mr. G. G. Wilhamson's Dan's Lady, English setter bitch, April y, to 
champion Count Gladstone IV. 
Communications for thia department are requested. Anything on 
the bicycle in its relation to the sportsman is particularly desirab le 
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. 
THE BICYCLE AND THE ROD. 
It would be strange if the universal wheel, which has 
revolutionized so many aspects of social life, had not left 
its mark on angling, and as a matter of fact it has in many 
places had a very noticeable effect. Not a few North 
country anglers combine the wheel and the reel very judi- 
ciously. To run a few miles with the rod in an evening, 
fish an hour or two at the most effective part of the day, 
and spin back home about lamp-time, is becoming a com- 
mon tfiing. Night fishers, too, hitherto deterred by the long 
tramp home at midnight, find a new pleasure in the pur- 
suit by reason of the handy bicycle, which can be left at 
the nearest farmhouse or inn. The angling biryclist is in- 
dependent of time and trains. He can go long distances to 
waters hitherto debarred except to Jthose who could afford 
to hire the expensive trap, and his journeys there and back, 
instead of being tedious, are an added pleasure. 
The possibilities of the bicycle in this direction were first 
brought home to me as I was pedaling gently along be- 
tween West Hartlepool and Seaton Carew. A scorcher 
came past me like the wind— if I had not known that about 
thirly miles an hour was the maximum speed, I could have 
sworn he was going fifty— and as he flew past I perceived 
that he had a trout rod. Where was he off to? Why, 
going at that speed, the front waters of the Tees were 
within his reach in little over an hour, and in considerably 
less time than he could have reached them by train on the 
j og-trot Northeastern Railway. As 1 rode I pondered, and the 
result was that when I reached home I purchased a ticket of 
a local angling association, whose lowest waters were about 
seven miles from my home— waters which I calculated, 
from the sparseness of the population about them, must be 
pretty well stocked with trout, seeing that they were beyond 
the probable circuit of the town poacher and only liable to 
be fished with the worm in floods by a neighboring laborer 
or two. My anticipations were realized, and, thanks to the 
bicycle, I had a nice little preserve to my own rod for the 
best months in the years 1895-6, and hope to have again. 
For purely selfish reasons, I do not specify the exact locality. 
There is a great pleasure in combining the two sports. 
The bicyclist enjoys something of the "one crowded hour 
of glorious strife" of the poet, for he can have many adven- 
tures in a little time, and seems to have gone through a good 
deal in an hour when he looks back on it. The dog wfiich 
threatened to upset him, the flock of sheep which fie rides 
through with a wary eye, the many moments when he has 
to decide on his course of action in a fraction of a second ; 
these and innumerable other possibilities of peril are the life 
and soul of cycling. Often when I ran out to what I called 
"my water," it seemed to me to be incredible that after all I 
had only been forty minutes on the road when I remembered 
all the incidents of the spin. 
One thing I am bound to admit— fishing paraphernalia 
and the bicycle do not fit very well together. A rod and a 
bag are easily enough managed; if need be, the rod can be 
tied under the saddle and handle bar, on the under side of 
the frame, but when it comes to a capacious wooden creel, 
waders, brogues, rod and net— well, they are impracticable. 
Even returning with only a creel, holding some 8 or lOlbs, of 
trout, I found it to be prolific of painful jolts, arousing a 
conviction that some other method must be hit upon. With 
a little trouble I discovered a decent cottager's wife who for 
a trifling consideration allowed me to leave my rod and net, 
waders and brogues, creel and tackle book in her care, and I 
must say the good soul attended to my instructions as to 
turning the waders inside out when they were dry outside, 
and other little matters, with religious vigilance. A water- 
proof bag answered well for bringing my fish home. 
One morning early in May, after a particularly delightful 
spin on the wheel, for the air was rather on the keen side, 
the mountain ,topa having a touch of fresh snow on them, 
the sun shone out warmly, and the birds were singing as 1 
strofled down to the water after donning tfie waders and 
tying up the rod. The beck— for it was hardly big enough 
to call a river— was bright and clear. At one or two points 
there were rather long walks, perhaps a quarter of a mile, 
between the streams, but the streams were turbulent and 
lengthy, and many of them afforded an hour's fishing. I was 
provided with a particularly nice sample of creepers, and 
with a supplementary supply of well-scoured worms in case 
the creeper did not take very well, the season being rather 
early, on account of the low night temperature, tor that 
branch of the sport. It was now 11 A. M. 
" 'Twas a day of cloudless skies. 
When the trout neglects to rise, 
And in vain the angler sighs 
For a bite," 
I murmured; adding inwardly, "Much dear old Calverley 
knew about it!" At the end of an hour, however, I did not 
feel so cocksure. The first stream was generally good for 
five or six trout; for although short, it was lively, and ran 
into a deep pool overhung by an oak, which pool held a 
large .stock of trout that loved to run up the stream in search 
of the larvte of the stone fly. On this occasion two nibbles 
was all it yielded, and two mangled creepers all I bad to 
show for them 
I suppose every angler has at some time found the trout in 
a wrong-headed mood, doing those things they ought not to 
do, and going contrary to tfieir customary use and wont. 
So it was on this occasson. The month was May, the waters 
were clear, the sun shone hotly, everythiner, in short, was 
auspicious— they ought to have taken the creeper, and they 
would not. They seemed to say, "No creeper, thanks! We 
don't mind a worm if you will allow us to take it our own 
way." And as a matter of fact I only caught one with the 
creeper, and the rest all— with scarcely an exception— took the 
worm on the Stewart in the pick of the creeper water, 
namely, just in the rough and tumbly water at the head of 
the streams. The rest of the streams seemed deserted; the 
heads seemed to have got all the fish in the river. It was a 
unique experience for me, and another curious thing was 
that when I gave up at 4 P. M. I had the most evenly-sized 
lot of fish I ever took— twenty -three, weighing 8+lbs. 
Shortly before 4 o'clock they stopped dead, and 1 was'nOt 
.surprised when a cloud came over and a cold blast, iced by 
the snowy hilltops, sprang up. As luck would have it this 
was the very wind I would have wished for, for it blew on 
my back and made the spin home on my H umber a deUcious 
ending to a very pleasant da.y.-^Ms7mig Gazette, London. 
