S ^ 8 
FOREST AND STREAM. 
in favor of the Foeest ahd Stream platform: "Stop the 
sale of game." The reason for this now becomes quite ob- 
vious. Incidentally I would like to ask the Colonel if he 
knows of any reason why I should not at once challenge 
him for that 1,000-bird race about which we have been talk- 
ing? E, HODGH. 
1306 BoyCE BuTLDiNG, Chicago. 
CONGRESS AND GAME EXPORT. 
FoLiiOWiKG is the text of the measure introduced in the 
Senate, during the last session, by Senator Teller, of Colo- 
rado. It was referred to the Committee on Forest Reserva- 
tions and the Protection of Game. 
Senate 2329. — A Bill to Regulate Interstate 
Traffic In Wild Game. 
TF/weas it is necessary to the preservation of wild game 
in the States hereinafter named that the interstate tralHc 
in the hides and meat of the wild animals hereinafter men- 
tioned be regulated and prohibited; and 
Whereas by reason of the exclusive power of Congress to 
regulate interstate traffic the States are powerless to regulate 
or prohibit the transportation of said articles to other State.s, 
and the ecactment of the following provisions will enable 
each State, by legislation, to protect the wild game within 
its own borders: Therefore, 
Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That it shall be unlawful for any railroad company, express 
company, or other common carrier, or any of its agents, 
officers, or servants, to receive for shipment or to transport, 
or for any person or corporation to ship or to offer to any 
common carrier for shipment, from any place within the 
State of Colorado, the State of Wyoming, or the State of 
IJtah, to any place without the same State, for market or 
for storage, any carcass, meat, hides, or horns of any deer, 
elk, antelope, bison, or Rocky Mountain sheep: Provided, 
That nothing herein contained shall prohibit the shipment 
of any such of the said articles and in such quantities as 
may be expressly authorized and permitted by the laws of 
the State in and from which the shipment is made, or the 
transportation of any of the said articles through any of the 
said States from one place to another without said States. 
Sec. 2. That every person or corporation guilty of vio- 
lating this Act shall, upon conviction, be fined in a sum not 
less than one hundred dollars nor more than one thousand 
dollars for each offense, or punished by imprisonment not 
less than one month nor more than one year, or by both 
such, fine and imprisonment. 
THE VIRGINIA LAW. 
The agent of the Southern Railway at Chase City, Va., 
reports that there are more birds in that section than have 
ever been known before, also that there are very good 
accommodations for sportsmen in the way of hotel, livery, 
dogs and guns. 
Mr. W. D. Paxton, propriietor of the Mineral Hotel, is al- 
ways ready to give any information, and expects to entertain 
a great many sportsmen this season in view of the fact that 
game is so plentiful. Chase City is in Mecklenburg county, 
where the two-year close term on quail has been declared 
void. It is one of the leading' health resorts in Virginia, be- 
ing crowded from May until the middle of October, and 
during the winter season -has a very fair contingent of 
Northern people, who come here for the delightful climate 
and rnedicinal waters. It is on the Southern Railway, about 
ninety miles out from Richmond, on the Keysville branch. 
W. H, L, Nelme. 
Qur correspondent sends the text of the opinion rendered by 
Judge Homes in the partridge shooting case. The action 
was brought in a friendly way to test the constitutionality 
of the law. 
Commonwealth of Virginia vs. G, H, Finch. 
The defendant was convicted before a justice of the peace 
for having shot a partridge on — day of September, 1897. 
The evidence proved beyond question that he did the act, 
but that it was done, as admitted, on his own premises. He 
appealed, and the case is here for decision, and the only 
question raised, is the act of assembly under which he was 
convicted constitutional? If not, the act is null and void. 
The act is as follows: "1. Be it enacted by the General 
Assembly of Virginia. That it shall be unlawful for any 
person to kill or capture any partridges (or quail) in the State 
of Virginia for the period of two years, or to offer for sale or 
buy any partridges (or quail) so unlawfully killed or captured 
in said State, within the aforesaid period." 
' "S. Any person violating this act shall be deemed guilty 
of a misdemeanor, and fined f 10 for each offense, and im- 
prisoned in jail until the fine be paid, but not exceeding 
thirty days. 
"3. In the prosecution of a person for a violation of this 
act, proof of the possession of any such birds shall be prima 
facie evidence of guilt." 
It is elementary law that the owner of the soil has a 
•qualified property in the game upon his own land, which 
becomes absolutely his property, provided he will capture 
the same. It is not denied that the State can, under the 
police regulations, enact laws to preserve the game, so as to 
allow it to propagate, and to prevent the killing of game 
during certain seasons of the year, so as to give time fcr 
propagation. This is necessary and for the good of all, but 
can the State prohibit the owner of soil from killing game 
on his own land altogether, say for a period of two years, as 
provided by act above? If it can do so for two, why not ten 
or even fifty years, or take away from the owner of the soil 
the right altogether, to kill game, though on his own land, 
in which he has property rights, and that without due process 
of law or compensation made? 
Now the United States Courts have held that an act need 
not be in direct violation of any part of the constitution to 
be unconstitutional, but that an act of assembly, which im- 
poses an unreasonable, unnecessary and arbitrary restraint, is 
null and void, because unconstitutional. Such being the 
ease, the question is, does the act above impose an uureason- 
able, unnecessary, and arbitrary restraint upon the owner 
in regard to his own property ? (See Cooley Con. Line. 6lh 
Edition, pages 206-7). 
I think it does for the reason that it absolutely prohibits a 
man from taking game on his land for a period of two years, 
notwithstanding the fact that the said period is not necessary 
for the preservation and propagation of game, because the 
evidence discloses the fact that partridges are more abundant 
than they have been for years. If the act had provided that 
they should not be killed or captured during certain seasons 
of the year, so as to provide for the propagation and preser- 
vation of partridges. I stiould hold that the act was con- 
stitutional, but, inasmuch as it absolutely prohibits the kill- 
ing of partridges for a period of two years, notwithstanding 
the fact that they are plentiful and abundant. I hold that 
the restraint imposed by said act, is unnecessary, unreason- 
able and arbitary, and, therefore, null and void. 
Such being my opinion, I reverse the judgment of the 
justice of the peace. W. E. Homes, 
Judge County Court of Mecklenburg county, 
[As stated last week, this decision applies only to Mecklen- 
burg county. Elsewhere the close term is in force.] 
Dough Birds and Pot-Pie. 
Wymoee, Neb., Oct. S — Editor Forest and Stream: No 
doubt you discovered from my letter in regard to grouse 
that I possess no scientific or natural history knowledge of 
game birds, except what little I have picked up in the field. 
I, therefore, make bold to ask you to tell me just what the 
birds described below are. And perhaps some of the readers 
of FoEEST AND STREAM cau tell US what has become of 
them. 
When I came to Nebraska, many years ago, I found, each 
spring and fall, great flocks of a migratory game bird called, 
by the natives, dough birds; they were also called prairie 
pigeons, and by some they were called jack curlew and 
gray curlew. I do not think they were an aquatic, or wad- 
ing, bird; they were considerably larger than a jacksnipe or 
a plover, and larger and plumper than any curlew that I 
ever saw. 
Their meat was light in color, and when skinned (the com- 
mon way of dressing them) the meat was covered witharoU 
of fat that looked like dough, but in color resembled clean, 
fresh lard. 
They were always in large flocks and frequented the high 
lands, and especially the newly-sown fields of grain, and 
they made the finest pot-pie in the world. 
Speaking of pot-pie, I remember one day in the spring of 
1883, when in company with my old fricnd and life-long 
companion is the field, Dr. H. A. G'ven, I had been out 
after dough birds, and we brought in thirty-two nice fat 
ones. We debated the question of whose wife could make 
the best pot-pie, and finally decided by drawing straws that 
the doctor's wife should make that particular pot-pie. 
The next day at noon the pie was ready, and my wife and 
I repaired to the doctor's house to help eat it. The doctor's 
children have always called my wife Aunty Mac, and on 
that particular day Aunty Mac was complaining of not feel- 
ing very well, but the pot pie was very tempting, and as she 
progressed with her dinner she felt much better, and the 
doctor's children have never ceased to wonder how much 
pot-pie Aunty Mac could eat when in good health. 
The dough birds are all gone. I have not seen one in ten 
years. Aunty Mac still retains her appetite intact. Fred 
and Pearl, the doctor's children, are young folks now. The 
doctor's wife is the same good cook she always was. The 
doctor is old and fat. He still hunts some, and he told me 
confidentially just the other day that he could shoot just as 
well as he couid twenty years ago. I had to turn my face 
away so he would not see me smile. It is wonderful how 
conceited a man gets when he gets old. Now, I am not a 
bit that way, and yet I can shoot just as good as I ever could, 
and only yesterday I knocked a squirrel out of a high tree 
with a .23cal. target rifle, and if there had been a halt dozen 
of them I could have knocked them all out the same way. 
A, T>. McCasdless. 
[The doughbird, or doe-bird, is the Eskimo curlew 
{Numenius horealis), an upland species very fond of berries 
and grasshoppers, and frequently is found in the company 
of golden plover, migrating from the north at about the 
same time (see Trumbull's "Names and Portraits of Birds"). 
It is also called little curlew, and fute, names given by Mr. 
Hapgood in "Shore Birds." Dr. Carver records that the 
Bartram's sandpiper is commonly called prairie pigeon. We 
presume that the shooters of Nebraska were and are like 
those elsewhere in that they apply names loosely ] 
Pennsylvania Small Game. 
Osceola Mit.ls, Pa., Oct. 3.— Small game of all kinds is 
going to be very plentiful this season. Gray and black squir- 
rels are coming into town and running over our shade trees. 
Pheasants are seen every morning in town, and I know the 
woods are full of them, foj I have had my puppy out several 
times and I see more pheasants this fall than I have for years, 
and good reports are coming from all over the several coun- 
ties. 
We are having some trouble keeping some ' hogs" from 
killing game until Oct. 15, at which time all our game comes 
in except rabbits and deer. We (the Osceola Gun Club) have 
two good men hired to patrol the woods near town to pre- 
vent illegal hunting. We have a great many foreigners 
working in our mines, and they do not regard our laws very 
much. We are going to try to teach them a lesson. With 
tbree other members of our club, I am making ready to go 
for squirrels on the 15th, and we are building pretty high on 
what we expect. I will let the readers of the grand old paper 
know what luck we had, good or bad, as 1 enjoy reading 
what others have done. I will be slightly handicapped this 
fall, as my old setter was poisoned this summer, and all I 
have is a four-months-old puppy. Wishing all Pennsylvania 
sportsman success on the 15th inst., Plumber. 
The Connecticut Season. 
Hamden, Conn., Oct. 17. — Editor Forest and Stream: The 
shooting season opened here under unusually favorable con- 
ditions on the 15th. The woods were filled with ambitious 
sportsmen, and the continuous cracking of guns from day- 
light until dark sounded like a very noisy Fourth of July. 
"Partridges are not over plentiful, but quail are more numer- 
ous than they have been for years. 'Vv hile woodcock seem 
to be scarcer than usual, still, the experts prophesy that these 
birds will be found in greater numbers as the season ad- 
vances. 
I send inclosed clipping from the New Haven Morrdng 
News: 
"The open season for field sliooting commenced yester- 
day, and many city sportsmen were seen driving out to their 
favorite places for the quail, woodcock and partridge, which 
are said to be plentiful ihis year. Fair Haveners were well 
represented in the field, and among the good bags brought in 
were those of Dr. Hall and H. B, Ives. Dr. Hall's favorite 
ground is out North Guilford, and his bag consisted of three 
partridges and several gray squirrels. Mr. Ives drove out to 
North Haven quite early, but was back home in time for his 
1 o'clock lunch. His bag contained fifteen grown quail and 
his entire shots made during the day were only five. His 
first three shots at three single birds were successful. The 
remaining two shots were directed at a bevy of thirteen 
quail. Eleven were bagged with the right barrel, while with 
the left the twelfth was secured. This unusual good shot 
was, of course, while the birds were clustered in (he field 
ahead of the dog. Mr. Ives thinks this will answer for a 
marker for the boys this season." 
While the manner in which Mr. Ives ts reported to have 
secured his eleven quail may be perfectly legitimate, accord- 
ing to law, still, it seems to me (and I have heard the same 
opinion freely expressed by others), that, when viewed from 
the "true sportsman" standpoint, it was a rather unsports- 
manlike way in which to secure a bag of game; especially 
by one who shoots over a well-broken dog. 
Wm. H. Avis. 
A South Carolina Besort. 
SuMAiERViLLE, S. C, noted as a popular resort for North- 
ern tourists, oflCers to those who seek game and forest sports 
many advantages. Summerville is surrounded by historic 
grounds, where are recorded by Simms many revolutionary 
exploits, and it is just in these interesting swamps and wood- 
lands that we find an abundance of game. On the banks of 
the Ashley, around the ruins of the old Dorchester church, 
and in every branch and swamp, are numbers of deer; and 
the distance from the Pine Forest Inn to these famous hunt- 
ing grounds is only a matter of six to ten miles. 
It sometimes happens that the slayer has never before 
killed a deer, and in such an iLstance the ceremony of initi- 
ation is very interesting. It is known as "bloodying," and 
the candidate is brought up and usually the youngest hunter 
in the party olBciates. With the blood of the deer he makes 
on one check the letter D, and on the other the letter H, 
which signifies Deer Hunter. Across them follow the hori- 
zontal lines, which are traced across the forehead, while the 
perpendicular extends from the roots of the hair to the end 
of the nose. 
Wild turkeys are plentiful in the sections where the deer 
abound, and very often while on a deer hunt a fine gobbler 
presents himself as a target. The country around Summer- 
ville is also full of foxes, and whenever the moon shines 
sufilciently bright, moonlight fox hunts are enjoyed. When 
the nights are dark, however, Reynard finds many inquisi- 
tive people, who delight at break of day to investigate his 
tracks and see where he has been perambulating, and end by 
bringing him to close account. What can be sweeter to the 
true sportsman on a brisk, frosty morning, than the echoing 
notes of the huntsman's horn among the pines? 
The bird shooting in the neighborhood is also excellent. 
Partridges, doves and woodcock are in good numbers, and 
many fine bags are made during the season. Bird dogs and 
hounds are kept in Summerville, and can always be had by 
those who wish to enjoy the shooting. 
Indiana Fishing and Shooting Points. 
Bloomeield. — Good fishing and shooting. Plenty of 
birds, squirrels and cottontails. Hotels good, $1 and $2 per 
day. 
Cedar Laice. — Plenty of bass, perch and croppies. Bass 
are caught daily as heavy as 4 and olbs., and have been 
caught this season 61bs. and over. Black mallards, teal and 
snipe abound. Hotel, Sigler House, $3 per day, including 
use of boat. 
GosPORT. — Abimdance of catfish, bass, perch and German 
carp. Catfish have been caught weighing from 50 to 781bs. 
'by net, and as heavy as 251bs. by line. 
Quail more plentiful than for several years. A good hotel. 
Rates $1 and $2 per day. Dogs may be hired, 
Greencastle — Plenty of quail, rabbits and squirrels. 
Commercial Hotel, $1 and $1.50 per day. 
Idaville. — Good baas fisfling in the Tippecanoe. Quail 
more plenty than ever before. Mr. Moorman, eoitor 
Observer, -^ill give full information, find dogs, etc. Hotel, 
rates low. 
Paoli. — Good bass fi,shing; fish as heavy as 51bs. have been 
taken, Streams were stocked a few years ago by the Gov- 
ernment Fish Commission. Good shooting of quail, rabbits 
and squirrels. 
Mineral Springs and other hotels, $3 to $1 per day. Guides 
and ;,dogs can be supplied. Inquire of Agent Ham, at sta- 
tion. 
Remington. — Good shooting; quail, plover, chickens and 
rabbits. 
Shelbt — Good bass, pickerel and salmon (wall-eyed pike) 
fishing in the Kankakee at Water Valley, where boats are to 
let. Birds scarce owing to swamp being dry. 
West Baden and French Lick. — Some bass fishing in 
Lost River and Lick Creek. Abundance of quail, rabbits 
and squirrels in the fields and woods. Hotels $2 per day. 
All these points may be reached via the Monon Route. 
Deer in Massachusetts. 
Gardner, Mass , Oct. 11.— Editor Forest and Stream: 
Yesterday three deer were seen within a half mile of the 
center of the town. When first seen, the deer, a buck and 
iwo does, were feeding on a little knoll near the road. The 
report no sooner reached town than men with dogs and guns 
were after them. But although thej^ were seen again, they 
were not shot. 
For the past five years or more, deer have been seen every 
fall in this and the surrounding towns. Last fall, the car- 
cass of a deer was reported to have been found which had 
been shot. 
As I understand the law, it does not protect deer in this 
State except in Barnstable and Plymouth counties. It seems 
a pity that the law could not cover the whole State, as I 
understand it formerly did. H. E. R. 
la the Adirondacks. 
Editor' Forest and Stream: 
Visiting accustomed haunts in Hamilton county during 
August and September 1 was impressed with the apparent 
increase of deer in that section of the Adirondacks. Their 
jiaths are deep-worn and show proof of frequent use. Feed 
is also abundant. The trout season was also good. But the 
hotels of that section had a poor season. Some of them lost 
money. Many guides were unemployed and compelled to 
seek work outside their calling. Some are for the new law, 
others against it. The practical effect of it is yet problem- 
atical. One thing grows more and more apparent each year : 
the State should hasten to acquire and to guard those forests; 
not alone the question of water supply but other sanitary 
considerations urge it, Juvenal. 
