JxmE 36, 1897.] 
FOREST AND STREAM 
THE NE-PEE-NAUK CLUB CASE. 
Cbicago, 111,, June 13. — Editor Fare&t and Stream: The 
Ne-Pee-Nauk Club House, one of the finest in the West, is 
locat«?d at the west end of Puckawa Lake. Wis. 
This lake is a widening of Pox River; in clear water it is 
about six miles long by Irom two to two and one half miles 
wide, is filled with wild celery and is a great resort for can- 
vasbacks, redheads, etc At each end of the lake proper (the 
open water) are marshes three or four miles in length by 
from two to three in width. South of this lake and of its 
west end marsh is a ridge of high land about one mUe wide; 
adjoining this ridge on the south is the Grand Elver marsh. 
The river (grand only in name, where its banks can be seen 
being only two rods wide) flows east through this marsh to 
Hickory Point, which is the end of the above-mentioned 
ridge, where it turns and flows north for one and one-balf 
miles through Rice Lake into Fox River. For the three 
miles before reaching Hickoiy Point the river spreads out 
and forms Mud Lake, which is well-named, being all mud 
and wild rice, and almost impassable with small hunting 
boats, and with a varying width of from thirty rods to one- 
third of a mile. This widening was meandered along its 
low banks by the Government surveyors, and marked on 
their map as Mud Lake, while Rice Lake and the river 
itself below Hickory Point and to its mouth were utterly dis- 
regarded by the surveyors and not shown as having an ex- 
istence on their maps. 
Of this Grand River matsh (Mud Lake and Rice Lake) the 
club sought to make a secluded feeding ground for mallards 
by buying all the lands for about six miles from its mouth, 
and by keeping the members and every one else oif to afi:ord 
the flocks of mallards as they came down from the North a 
safe resting and feeding ground. It was to be a sort of duck 
reservoir, and by keeping out the market and pot hunters 
(v^ho shoot with headlights at night), the club proposed to 
give the ducks a safe asylum, and cause them to remain and 
congregate in large numbers thus afl'ording in their flights 
to and from this feeding ground good shooting on the ad- 
joining marshes of Puckawa Lake to all shooters. 
The first fall that the club successfully preserved this 
marsh the birds congregated there by thousands (even with 
the club members shooting them every other day from 9 to 
4 o'clock), and every one had fine shooting in the neighbor- 
ing marshes and lakes, the finest they had had in years. This 
preservation, while acknowledged by many as a benefit, 
aroused the ire of the native; and town meetings were held 
in the surrounding country, where the local orator descanted 
in eloquent language upon the outrageous infringement of 
their inalienable rights Stimulated by this vivid portrayal 
of their wrongs, the trespassers became so bold that the club 
sought the protection of the courts. The adverse decision of 
the local judge, who was running for reelection, was not a 
surprise to the club, as it was. under the circumstances, ex 
pected; so they sought protection for their large investment 
in mud and wild rice;by appeal to the Supreme Court of the 
State, never supposing that the court could find a mass of 
black muck and vegetation, with water in sight only in a 
few holes, to be a lake. 
The mistake the club made was in bringing their suit for a 
trespass upon Mud Lake, which was, as before stated, 
meandered , instead of for a trespass on Rice Lake, which was 
not meandered. 
In short, the Supreme Court of Wisconsin holds that a 
meander line is a boundary on a lake, even if it is not navi- 
gable; while the Supreme Court of the United States, in the 
case of Hardin vs. Jordan (140 TJ. S , 371), holds that such 
lines are not boundaries, but that the abutting property own- 
ers on unnavigable lakes own by converging lines to the cen- 
ter thereof. 
Leading attorneys advise the club that this decision of the 
Supreme Court of Wisconsin would be reversed by the Supreme 
Court of the United States; but as it would cost about $3,000 
and take three years to get a decision, the club has concluded 
to carry the matter no iurther, but to leave the native to the 
full enjoyment of his inalienable right to destroy the best 
feeding ground for ducks in the country. 
A H. Sellers. 
the land which is under the water is in the State. This 
Court has laid down one rule for running water and another 
for lakes and ponds. In the former case the riparian owner 
owns to the thread of the current; in the latter to the water- 
line. And no distinction has been made on account of the 
size of either s'ream or pond. It is unimportant if the crm- 
mon law, as related to the title to lands under lakes and 
ponds, was different. It is merely a question of local law 
Grants by the United States of lands and streams bounded 
by lakes and streams are to be construed and given effect 
according to the law of the State in which ttie lands lie. 
And each State determines for itself to what extent it will 
retain and exercise its prerogative over lands under such 
streams and bodies of water. (Hardin vs. Jordan, 140 U. S. 
371; McLennan vs. Prentice, 85 Wis 437.) 
It is well settled in this Slate that grants by the United 
States, of lands bounded by a meandered lake or other per- 
manent body of water, convf y title only to the natural shore 
of the body of water, while the title to the land which is 
under the water is in the State. (Diedrich vs N. W. U. R, 
R. Co., 43 Wis 348 ) And the rule is the same whether the 
body of water can be made practically useful for the pur- 
pofes of navigation or not (Doorman vs. Sunnuchs, 43 Wis. 
333) irrespective of its size or depth. 
It is undisputed that Mud L^kewas meandered by the 
government surveyors. It is clear that it is an inland body 
of water of permanent character. While it might with entirfe 
propriety and accuracy be called a marsh or swamp, the 
name by which it shall be designated is not controlling upon 
the question of the title to its bed. It has very little, if any, 
movement of its water from its head toward its outlet during 
the greater part of the year. It is said that the controlling 
distinction between a stream and a lake or pocd is, that in 
the one case the water has a natural motion — a current — 
while in the other the water is, in its natural state, substan- 
tially at rest, and this entirely irrespective of the size of the 
one or the other. But not every sheet of water in which 
there is a current from its head toward its outlet is therefore 
a stream. (Angell, on "Water Courses," sixth edition, Per- 
kins, section 4f.) It is said that even the large lakes have 
such a current. 
The trial court found that this wag not a stream or water- 
course, but was a "shallow, muddy lake or marsh." Such 
it is shown to be by the evidence. 
The plaintiff does not own the lake or the soil under it. 
It is owned by the State. The right of fishing and fowling 
upon such waters is in the owner of the soil which is under 
tbc water. (Hardin vs. Jordan, supra; 8 Am. and Eng. Ency. 
of Law, 31 ; 13 id., note on page 165 and cases cited ; Wash- 
burn on Easements, star page 410; Bristow vs. Cormic^n, 3 
App. Cases, 441.) In this case it is in the public, which has 
not, in any way, granted its right to the plaintiff. The plaint- 
iflf's rigbt to hunt and fish over this lake was equal to, but 
not superior to the right of either defendant. It had no 
cause of action against the defendants. Its complaint was 
properly dismissed on the merits. 
The judgment of the circuit court is affirmed. 
BIG FISH 
We append the text of the decision, as supplied by the 
courtesy of Mr. Robert Lamp, of Madison, Wis. : 
STATE OF WISCONSIN SUPREME COURT. 
KE-PEE-NAUK OLCB, APPELLANT, 1 
V8 
ARTHUR WILSON AND OTHERS, RESPONDENTS. ) 
The action is in equity to restrain trespass to lands. The plaintiff 
claims to be thexjwnfr of certain iands ip the county of Green Lake, 
whicti border upon a shallow body of water or marsh, popularly 
known as Mud Lake. It claims, by virtue of such riparian owner- 
ship, to be the owner of ittud Lake itself. The lands under Mud 
Lake are valuable only for the privilege which the lake affords for 
fishing and the bunting of wildfowl, and for such exercise and recrea- 
tion. The lake is sliallow, so that (he lands are in the nature of 
marsh or swamp lands. In the summertime they produce largo 
crops of wild rice and other vegetation, making a natural resort for 
wildfowl for a nesting and feeding ground. The plaintiff desired to 
keep this as a private preserve for a shooting ground and place of 
recreation for its memhers and guests. The defendants had, at 
various times for several years, himted wild duck and other water 
fowl upon this lake, and asserted the right and purpose of continuing 
to do so in the future. The action was brought to restrain them from 
doing so. 
The question controverted is the title to the lands under Mud Lake, 
whether the plaintiff owns them by viitue of riparian ownersbip. or 
whether the title is in the public. This depends on whether Mud 
Lake is a water course or meandered lake. It varies in width from 
thirty five rods to sisty-flve rods, and is about three miles in length. 
In spring and fall, and after heavy rains, the whole surface is covered 
with water. In summer, much of the water disappears, leaving some 
considerable expanses of water interspersed with mud, marsh and 
bog. In the places which are covered by water, rushes and wild rice 
grow luxuriantly. There are small openings of clear water, but no 
regular channel anywhere, except at a place called the Narrows, 
below the point where the alleged trespasses were committed. In 
ordinary stages of water it was navigable only by small craft like 
canoes or hunting skiffs propelled by paddles and pushpoles. What 
is called Mud Lake is formed by the expansion or dispersion of the 
waters of a smaU stream called Grand River. After the Grand River 
enters into and .becomes Mud Lake, it follows no defined channel, 
but distributes itself through the marsh, and appears again as a 
stream only at or near the point called the Narrows. Mud Like is, 
in fact, for the most part a low, wet marsh, producing a large growth 
of wild vice and other vegetation, and unnavigable by any na- ural 
channel by any kind of boat, through its entire length, during the 
greater portion of the year. The lands bordering upon it were mean- 
dered by the Government surveyors. la the field notes It was re- 
ferrfd to as a '-lake" or "marsh." The court found that Mud Lake 
is a meandered lake, and the title to the lands under itisin the puDlic 
and not in the plain iiff,and dismissed the complaint with costs against 
the plaintiff. The plaintiff appeals. 
Newman, J. — The only question in the case is whether the 
so called Mud Lake is a natural, permanent, inland body of 
water, such as is not properly a water courte, and meandered 
by the Government surveyors. For, if it is a natural inland 
body of water which is not properly a water course, the title 
of the riparian owner stops at the waterline and the title to 
" FOREST AND STREAM'S 
RECORD. 
A provisional list of big fish of various species, supposed to be the 
largest of their respective kinds captured or possessed in America. 
For particulars respecting the fish here enumerated see 
our issue of Feb. 27. 1897, and later issues. The salmon, in 
that issue credited to ex President Arthur, should have been 
assigned to Mr. R 6. Dun, of this city. This list is subject 
to correction if any one can supply authentic memoranda of 
larper specimens, or record fish of other varieties than those 
here named. 
Salmon {Salmo solar), 54lbs.— Killed with fly in Caaca- 
pedia River by R, Gr. Dun. 
Small-Moitth Black Bass, IOlbs — Caughs in Round 
Pond, Warren county, N T., by Nathaniel Parker. 
Mascalonge, with hook and line, 47ilbs., caught in St. 
Lwrence River by John B. Spafford, Jr., and Capt. James 
Millward. The late Dr. Elisha Sterling, of Cleveland, 
O.. speared a mascalonge in Sandusky Bay that weighed 
SOlbs. 
Bkook: Trout {SalveUnus fontinalis) — The employees of 
the Maine Fish Commission netted a trout in Rangely 
stream that weighed 12lbs. and returned it to the water after 
weighing it. 
Striped Bass or rockfish (Eoccas iineatus). — Weight 71bs. 
dressed; caught by Wm. M. Hughes at Sachuest Neck, 
Rhode Island. 
LANDLOCifED SALMON.— Weight 301bs., taken from spawn- 
ing bed by New Hampshire Fish Commission, Dan Hole 
Pond, 1896. 
Pike, commOnly called pickerel {Lticius lucias), 35lbs.— 
Caught in Lake Le Bouef, Erie County, Pennsylvania, by 
Charles Phelps. 
Yellow PfiRce.or ringed'perch (Perca mnerimna),5\ba. — 
Caught by Pick Squires in Schroon Lake, N. Y. 
Farlin Pond, Maine. 
Pablin Pond, Me., June 16. — The fishing in the ponds 
about here has been very good, both for early bait-fishing 
and later for the fly. Since the season opened nearly 1,500 ■ 
trout have been taken from Parlin Pond. Fifty of these 
averaged in weight lilbs. 
In spite of the bad weather more than the usual number of 
sportsmen have come for the early season, and the summer- 
resort keepers are looking for a good year. 
Mr. Lancaster holds the big Irout championship for this 
season thus far. His weighed 4lb8., and while other ambi- 
tious anglers have come near snatching the honor from him, 
none have yet quite succeeded 
The deer are as thick as usual, and are seen daily in the 
clearings and around the pond. A milk-white deer frequently 
makes its appearance 
Geo. S. Pond and H. R. Stowell, two veteran sportsmen, 
arrived last week. Mr. Pond has visited Parlin Pond every 
year except one, of fifteen years. Mr. Stowell has been here 
usually twice a year, for eight years. KmG Fisher. 
MAINE FISHING. 
Boston, June 19.— Fishing for trout under a boom of logs 
may not always be practical, but it is possible that these fish 
dtlight in hiding under such obstructions. It seems that a 
big boom of logs covered one of the best fishing grounds on 
the upper end of Lake Mooselucmaguntic for several days 
this spring, somewhat to the di?gust of the anglers quartered 
at the Oquossoc Angling A.ssociation club hou?e. They had 
to wait patiently till the boom was towed away. Then the 
trout begun to bite at once, and the members of the party 
took forty-seven big fish in one day, the string weighing 
1741bs. T?he fish were all trout; no salmon being in the 
number. 
Commissioner Carlton is out with another letter defending 
the famous Guide License law, in the newspapers. Some of 
the Rangeley guides have rfgistertd. Others have not, and 
say they are going out of the business after July 1, the limit 
of time for registration. The Moosehead guides are not 
agreed as to the matter of registration. Some have regis- 
tered; others have not and say that they shall not. 'Sports- 
men to Moosehead are not pleased with the registraticn law. 
One of them, a visitor to that region every year for eight or 
ten years, says that he will not employ a guide who is regis- 
tered. He does not wish to be reported to the Commission- 
ers or anybody else. He is willing to obey the laws of the 
State as to close time, numbers of game animals and birds, 
and weight of fish, but as for employing a man to do his 
work that is bound by law to report him, he will not. On 
his fishing and shooting ttips hereafter in Maine he intends 
to take "a companion or a friend" — not a guide — and at the 
end of the trip make him a present. 
Even at the celebrated Poland Springs the fishing is not all 
spoiled and the guests love to fish. In one hour last Friday 
Mr. J. B. Sawyer took three black bass from Middle Lake, 
the united weight of which was 61bs. The next day he fol- 
lowed this success with a string of seven fine bass. 
There are reports of good bass fishing in the Winthrop, 
Me., lakes, Maranacook and Anabesacook. Cobboseecontee 
is also turning out some fine stiings of pickerel and black 
bass. Mr. Brown, of Boston, was fishing for bass there the 
other day, below the dam. He had ah-eady taken several 
good bass when he had a magnificent strike. He landed his 
fish after some fighting, when it proved to be a beautiful 
trout of nearly Slbs. weight It is explained by the Maine 
Fish Commissioners that the bass are rapidly exterminating 
the pickerel in the waters of Kennebec county, and that the 
trout and salmon are beginning to flourish. 
C^ F. Nason, of Lewislon, caught a salmon of 4f lbs. from 
Lake Auburn on Tuesday last. Other salmon are taken very 
frequently, and more is the wonder when it is considered 
thai the lake is so near to the two cities and is fished to ex- 
cess. 
Late reports from Sebago show that the landlocked salmon 
season there has been the best on record ; at least, was for 
the first ten days, and reports of catches are remarkable. 
Mr. R. PT Woodman is back from a short and uneventful 
trip to that lake. He only fished a little, and took one or 
two salmon, the time being too late; but his guide of many 
seasons, C. J. Shaw, known to all his sporting friends as 
Kit, has had out some very successful parties, as he almost 
always does. One gentleman, a Portland real estate agent, 
rotund and enthusiastic, took five salmon in one day, from 
3 to 91bs. weight. When the big fellow was brought to the 
net— that net is only 4ft. deep, at the end of a stout bamboo 
10 or 12ft. long — wUen the fish came out of the water in this 
net.wielded by.Kit's dexterous arms, the fisherman shouted, 
"Ye gods!" and sunk exhausted into the bottom of the boat. 
He had fought the fish tor over an hour. 
Recently a deer was taken alive, swimming in Lake Au- 
burn, and the captors desire to hold the animal for a park 
projtiCted somewhere in the neighborhood. Fish and Game 
Commissioner Henry O Stanley is reported to have told a 
newspaper reporter that there is no way out of the matter 
but for the captors to pay the fine and let the deer go. "It 
will not do to let this case go unnoticed." Last winter a 
law was passed allowing deer to be taken alive for park or 
exhibition purposes, under permission of the Commissioners; 
but no such permission has been granted in the Lake Auburn 
case. 
Mr. L. 0. Crane's fishing trip to Round Mountain Lake, 
Maine, was really more successful than noted in the Forest 
AND Stream last week. He really took considerably over 
200 trout, making catches of thirty or more at several trips, 
all on the fly, and generally put back into the water. His 
companion, Mr. Hemmingway, was also very successful for 
the short time he fished, taking nearly sixty trout. Mr. 
Crane and his father will visit that resort again very soon. 
Special. 
Chicago Fly-Casting Club. 
Chigago, 111 , June 19.— Herewith is the record of our 
contest to day. Messrs. Peck and Bellows were tied in the 
bait-casting, and in the casting-off Mr. Peck won. He now 
holds the four medals for long-distance fly, distance and ac- 
curacy, accuracy and delicacy, and bait casting. To-day's 
scores : 
Long dis- Distance and Accuracy and Bait- 
tance liy, Accuracy. Delicacy. casting, 
Feet. Per cent. Per cent. Per cent. 
WHBabcock 78% 88i^ 
LH. Bellows 73 SQ^.j «tS'6 
O.H.Chadwick ... .... 78^^ 
F.B.Davidson 80?^ fi6 Si^^ 
B. W. Goodsell 90 S&% 91^ 95S, 
E D. Letterman., .... 65*5 
O. A Lippincott.......... .. 89 901, 79 
O.G.Ludlow .... 73 59% SiJ^ 79 
G A. Murrell 78 49 Si^^s 89 
H. A. Ne^kirk 7.0 , 81 Bj\ 
F. N. Peet 95 9' U 91>i,2 963b 
J. E Strong 6'}^ .... 69*5 
H. G. Hascall .... .... 94 
M.D.Smith .... .... 6fc}^ 
Potomac Bass Law. 
A subscrtber of the Baltimore /Szi7i. writes from Kearneys- 
viUe, W. Va., in response to the query raised as to whether 
the tri-State bass law protects those fish in the Potomac and 
its tributaries: "An angler from Jefferson county, W. Va., 
says yes, the bass law does protect. From fifty bass caught 
on June 1 but five or sis had spawn, and they were the 
smaller ones. Our fiah were from S^lbs. down to the limit 
in length." 
The Giant of tbe Rainbow. 
Somerset, Ky., .June 14. — I was very much interested in 
H.'s description of his trip to Cumberland Falls, forty miles 
from this place; but wish to place him right as to the "Mon- 
ster of the Falls." The above fish is a pike {Eso:c lucius), and 
has been hooked by good fishermen, but, alas! not landed; 
it is said he is at least 5ft. long and will weigh from 40 to 
601bs. If H. will visit this city in October, any member of 
the "Pumpkin Hollow Fishing Club" will take pleasure in 
showing him the place where Mr Bartells caught the 71b. 
2oz. small-mouth black bass, and where his mate or his 
grandfather lives. We expect good fishing in a few day^ 
and will report luck. J. M. R. 
