46 
FOREST AND STREAM. 
[Jan, 15, 1^98. 
eyes were flashing iire, his hands were bloody, and his 
general appearance suggested Kit Carson in an Indian 
fight. Ben was yelling: "Look out there. Doc; there 
comes one, Mac," and I began to get interested. Then 
I saw one sitting close to me and I shot his head off. 
I did not feel as badly as I expected I would. Then it 
occurred to me that if Doc killed more rabbits than I 
did I would never hear the last of it, and I went to 
work, A quail got up under ray feet and went the wrong 
way. I whirled around and gave it one barrel, and fell 
down, running my gun into a snow drift, with my finger 
on the other trigger, but luckily did not pull it off. I 
look out the shells and blew the snow out of the bar- 
rels, loaded up and killed a rabbit with each barrel, 
Then I noticed a rabbit sitting right at my feet under a 
bunch of grass and snow, Avith his rump sticking out in 
plain sight. I reached down to catch him; then I thought 
I had better step on him, but finally concluded to kick 
him out and shoot him. I kicked, the rabbit went down 
the bank and I missed him with both barrels. Then 1 
got ma(5, and in the next forty minutes killed over forty 
rabbits. Just then I heard Ben say 10 Doc: "The old 
man's getting on his ear," but I paid no attention to 
them; there Avere more rabbits; I wanted blood. 
I tore up and down and across that "draw" lilce a 
maniac, and when I killed a rabbit with the first barrel 
I, gav,e him the second, for safety, and 1 walked over a 
mile after Doc and Ben had got in the sled to go home, 
and they drove along behind me, waiting, as Ben said, 
"Till y'ud cum to ag'in." 
When it got so dark that T could not see to shoot I 
got in the sled and we went down to Ben's and had 
supper, and as we drove out of the yard on our way home 
I yelled back to Ben, 'T'll be out in the morning, Ben." 
But how many did we kill? I don't know. We had a 
sled full, and I don't know who killed the most, hut I 
"hain't heard no snickerin' on the back seats since," 
and then it don't make any difference, You must not 
look for statistics in a philosophical paper like this, any- 
way. But I know I shot away a hundred shells loaded 
with Dupont smokeless, and the little barker got so 
hot that it leaded badly at the muzzle. When I got home 
I skinned and dressed a few rabbits and hung them out 
to freeze, and went to bed and dreamed of ''murders done 
in caves." 
When 1 woke up in the morning a change had come 
over the spirit of my dreams; I would not go out to 
Ben's. I felt like a murderei", and I had been caught. 
Fred Mather says: "A boy is a savage." So is an old 
man The onlv difference is the old man is lazy. I am 
retained by the" boy. A. D. McCandless. . 
Maine Sportsmen's Association. 
To iKe Maine Sporlsmen's Fish and Game Assoeiatton: 
I have the honor to submit the following report for 
the year 1897. The present membership is 409. 
In looking over the field of operations, i thn>k ihcrc 
can be no reason for discouragement, but many for en- 
couragement, in the work which the association is en- 
deavoring to accomplish. 
Contrasting the condition of the game interests when 
our association was organized, in 1893, with the interest 
now shown by the citizens of the State, one cannot but 
come to the conclusion that, from some cause or other, a 
better understanding prevails as to the value of our fish 
and game in the State, and a greater determniation to 
care for it by the enactment of better laws, and a more 
stringent enforcement of them. 
The enactment of the guide law was an advancement 
in salutary legislation on game matters which will prove 
of vast benefit to the State. So long as the State adheres 
to the policy of improving and preserving its fish and 
game, so long must it have conditions by which those 
who are instrumental in its capture must be governed. 
To abandon this right to impose restrictions upon the 
professional guide, while aiding in the capture o\ the 
State's property, Avould be a virtual abandonment of the 
preservation of its fish and game. It has become a ne- 
cessity, in the interest of protection of the State's valu- 
able property, to bring, first, those who desire to take 
fish and game under legislative restrictions, and those 
who are mainly instrumental in its capture, in close al- 
liance with the State. 
During the season just closed, all agree that there 
was more large game taken than ever in the history of 
the State. All agree, also, that during the fishing season 
more fine large fish were taken than ever before. All 
agree, also, that there is more large game in the forests 
to-day than at any other close of the shooting season. 
And, also, that there are without doubt more and greater 
fish in our waters than ever before at the beginning of 
the year. Then why not take courage, and continue 
what seems to me to be the good work already done by 
our association? 
There will be vexing questions, queries, as to whether 
the State should continue to spend its money in the 
preservation of its game interests, whether this or that 
law is bad or good, whether it should be repealed or en- 
forced, but all these cjuestions will be settled by those 
who pass upon our public matters and make our laws. 
When complaint is made as to the appropriation made 
for fish and game interests being more than the State 
ought to tax itself for this purpose, it will be well to re- 
member that the tax is very small, and is only about 10 
cents on a tax valuation of $1,000. Therefore a person 
who pays tax on a valuation of $2,000 is pajdng less than 
20 cents for fish and game purposes. 
This argument is used by the advocates of a non-resi- 
dent license law, making it appear a burden upon the 
people to meet this $25,000 appropriation. 
The compelling the non-resident to pay a tax for tak- 
ing our game I believe to be unjust and uncalled for, 
and unless a tax shall rest upon all those who avail 
themselves of the hunting privileges of the State, and 
all who receive direct benefit from them be included in 
the tax license payers, such a law bearing upon one class, 
and that the class which the State invite's to its summer 
resorts, will be found a great injury to the tourist busi- 
ness of the State. 
If it becomes necessary to make those partaking of the 
^sh and game privileges pay the cost of continuing the 
same, then let the tax license be general in its scope. 
To this end I wish to submit a plan which might be put 
in form of law, and which would not, to my mind, be 
open to the objection a law would be bearing wholly 
upon non-residents. 
Compel every person sixteen years or more, citizens of 
the State, to pay $1 each for the privilege of fishing and 
hunting small game. Except that any citizen may fish 
or hunt such game within his own city or town. For 
hunting large game, moose, caribou and deer, each citi- 
zen shall pay $2, and such fee shall allow hunting in any^ 
town or place in the State, without any special right to 
hunt in his own town, as in fishing. 
The non-resiclent shall pay (not being taxed in Maine) 
$2 for right to fish and hunt small game, and $5 for 
large game. Those are in main the principles involved, 
and which by enactment may be properly guarded, and 
then, in addition, will come the levying a reasonable tax 
on hotels, lodges, boarding houses, which properly corne 
within the meaning of sporting places, and upon rail- 
roads and express companies. Such a tax would bring 
sufficient money to make all advances we need in propa- 
gation and protection of these great interests. In order 
that the advocates of a non-resident law may see how 
such a law works, let me cite the results in Wisconsin. 
There were 23,000 Seer killed during the season. There 
were 12,250 persons, citizens of the State, who took out 
licenses at $1 each. There were thirty non-resident per- 
sons who took out a license at $30 each. Nine hundred 
dollars was all the State got out of non-resident sports- 
men. Such a law here would be a failure, so far as rais- 
ing money is concerned, and would affect disastrously 
the tourist travel, I believe. The association can afford 
to wait until its next meeting before it gives official ex- 
pression to its judgment. 
The treasurer's report shows that there is about $100 
in the treasury at present. Respectfully submitted, 
E. C- F.A.EB.1NGT0N, Sec'y. 
Officers were elected as follows: For president, Hon. 
P. O..- Vickery of Augusta; first vice-president, A. M. 
,Spear, Gardiner; second vice-president, Hon. C. A. 
Marston, Skovvhegan; third vice-president, Eugene M. 
Herscy, Bangor; fourth vice-president, Hon. William P. 
Frye, Lewiston; fifth vice-president, Hon. A. R. -Nickcr- 
soii, Bootlibay; sixth vice-president, John H. Kimball. 
Bath; seventh vice-president, Hannibal E. Hamlin, Ells- 
worth; directors, P. O. Vickery, Augusta; J. F. Hiil, 
Augusta; W. S. Choate, Augusta; J. F. Sprague, Mon- 
son; J. H. Kimball, Bath; E. C. Farrington, Augusta; 
F. E. Timberlake, Phillips; Dr. G. G. Weld, Old Town; 
S. L. Crosby, Bangor; by the State, Elmer P. Spofford 
Committee on Legislation — P. O. Vickery, H. M, 
Heath, E. C. Farrington, A. M. Spear. 
Committee on Hatcheries — E. M. Blanding, Bangor; 
L. T. Carleton, Winthrop; H. O. Stanley, Dixfield. 
Consulting attorney, H. M. Heath, Augusta. 
Secretary and treasurer, E. C. Farrington, Augusta. 
Regarding the changing of the moose law, the Hon. 
J. F. Sprague of Monson said that he did not think that 
any question to come before the meeting was any more 
important. As he understood it, open time was made 
from Oct. I to Nov. IS through an error of the engross- 
ing clerk at Augusta. 
He thought that there were just as many moose in the 
State at the 1 resent time as ever, and that if the game 
laws were enforced there would be no need of cutting off 
ihc time. 
In speaking of the new law passed at the last Legis- 
lature, making any person who killed a moose in close 
time liable to four months' imprisonment, Mr. Sprague 
asked if he was not right in saying that this law was 
made to place the rich man on the same level Avith the 
poor man. He knew that this law was passed for just 
this reason. He referred to the case of the students who 
killed the cow moose, last summer, in the West Branch 
region, which was the first case under this law. Mr. 
Sprague did not think that there was much sense in the 
statement that these boys shot the moose while under 
excitement, not knowing Avhat they were doing. He 
would like to know whether or not this case is punishable 
under the laAv of 1897. 
"AVe have some cases in Piscataquis county, and 1 am 
glad I am not County Attorney," said Mr. Sprague. 
"Why is it not fair for a boy who goes to the Greenville 
High School to have just the same rights as the Penn- 
sylvania boy, Avhose uncle is the Attorney- General of 
that State? A boy or man, or any one else who violates 
that law ought to' be punished. If any favoritism is to be 
shown in meting out this law, why, we want it repealed." 
Game Commissioner Carleton said that the Avhole bur- 
den of Mr. Sprague's talk was a reflection on the com- 
mission. 
"Now, in regard to the celebrated cow moose case," 
said Mr. Carleton, "I know that a great effort has been 
made by Mr. Sprague to create a prejudice against the 
commission- on account of the action taken by it on this 
case. Now see how fair the gentleman is. He says he 
does not know the age of the boys. The record shows 
that one boy was sixteen and the other seventeen years 
and they were good boys. These boys were members of 
a party of seventeen who had gone into camp there with 
their tutors. Game Warden Pollard was going up Catt- 
comgomuc Lake. He saw something floating in the 
Avater and found that it was a cow moose. When Mr. 
Pollard arrived at the camp of the boys he told the 
tutors what he had found, and they replied that they 
would find out if it was killed by their boys. The tutors 
questioned the boys, and they OAvned up to killing the 
game. There is no laAV on the face of the earrh that 
could have convicted them if they had not pleaded guilty. 
The boys were out to shoot a bear, and in their excite- 
ment they killed the moose, 
"The case was one that struck my heart. I could not 
send those boys to jail. I could not put the brand of a 
jail sentence upon them, to follow them through their 
lives. Gentlemen, take the case in your own hands. 
Would you want your boy branded for life, simply 
because in the heat of great excitement he made a mis- 
take? When the case was taken in hand by the County 
Attorney of Piscataquis county, it passed out of the 
hands, of the commission. The bond which they were put 
under is good to this day, notAvithstanding that the case 
was nol-prossed." 
Mr. Carleton's remarks were received with great favor, 
and he was loudly applauded when he took his seat. 
Hon. A. M. Spear of Gardiner spoke on the ques- 
tion, "Should Non-Residents Pay a License Fee for 
Hunting Game in Maine?" Mr. Spear believes that every 
hunter should pay a fee for the privilege of shooting- 
game in Maine. Opening his remarks, he introduced a 
bin to procure revenue for the protection of fish and 
game, reading as follows: 
Mr, Spear's Proposed Bill, 
An act to procure revenue for the Protection of Fish and Game: 
Sec. 1.— A license fee of $1 shall be charged and collected by the 
State upon the carcass of every deer transported beyond the limits 
of the State, and no property in such carcass shall vest in the 
killer thereof until the payment of such fee for such intended trans- 
portation. 
Sec. 2.— The fish and game commissioners shall appoint agents m 
different parts of the State, during the open season for shooting 
large game, whose duty it shall be, upon the presentation, in per- 
son or by his agent, of tlie written application thereof, over his own 
signature and in his own handwriting, of any person who has 
actually killed a deer, and so states in his application, to receive 
the required license fee and issue a license, in duplicate, the form 
of which may be prescribed by the fish and game commissioners, 
for the transportation of the carcass of such deer beyond the limits 
of the State, which license shall be attached to the carcass to be 
transported. 
Sec. 3. — The fish and game commissioners shall appoint wardens 
during tlie open season for killing large game, whose duty it shall 
be, under the direction of said commissioners, to examine all cars, 
steamboats and other vcbicles of transportation, to ascertain if 
the carcass of any deer is deposited therein without a license at- 
tached thereto, as provided in section 2 of tnis act; and if so 
found, to immediately seize it without a warrant, and forthwith 
sell if, and turn over the proceeds of such sale to the fish and 
game commissioners, as a part of the appropriation for fish and 
game. 
Sec. 1— It shall be the duty of every railroad company, eicpress 
company, steamboat company and other transportatioin companies, 
their agents and employees, or persons doing business in this 
duty of the company, its agents and employees, or person trans- 
portation and to disclose to them the carcass of any deer therein, 
to enable them to determine whether the same is properly licensed 
or is contraband, under section 3 of this act. 
If any such carcass is found to be contraband, it shall be the 
duty of the company, its agents and employees, or person trans- 
porting the same, to deliver such contraband carcass to said war- 
dens. 
Sec. 5.— It shall be the duty of every transportation company. Us 
agents and employees, or person doing business in this State, to 
refuse to carry beyond the limits of the State the carcass_ of any 
deer not tagged with a license as provided in section 2 of this act. 
Sec. 6. — If the license certificate attached to the carcass of any 
deer under this act shall become detached and lost by accident, 
the company, its agents or employees, or person transj^orting the 
same, shall orally certify to the officer finding such carcass that 
such certificate was originally attached thereto, with the same 
effect as if attached, but for a false statement under this section, 
the company whose agent or employee, or person who makes the 
same, shall, on complaint, be punished by fine not less than $100. 
Sec. 7. — Any person who shall deliver to any transportation com- 
liany or person the carcass of any deer, to be transported beyond 
the limits of the State contrary to section 2 of this act, shall, on 
complaint, be punished by fine tiot less than $50 nor more than $100. 
Sec. 8. — It shall be lawful for any person to ship the number 
of deer which the law may allow him to kill, through and beyond 
the limits of the State, without accompanying them in person, 
when the carcasses thereof are licensed in accordance with this act. 
Sec. 9. — This act shall not be construed to nullify or amend any 
of the laws now existing in relation to the transportation of game 
from place to place in this State. 
Sec. 10. — .'Ml fees received for licenses issued and fines imposed 
under this act shall be turned over to the treasurer of the State, 
and by him transferred to the appropriation for fish and game to 
be expended for the same purpose and in the same manner as the 
regular appropriation therefor. 
Mr. Spear thought that it would cover the matter the 
way he looked at it. He believed that when the people 
of the State understood the question, they would never 
•alloAv the present appropriation to be increased. He 
thought the taxation question Avas not divided right. He 
did not believe the farmers in Cumberland, York and 
other counties should be obliged to pay their part of the 
game appropriation when thev Avere not being benefited 
by it. 
Mr. Spear thought that a license tee would prevent 
such men as those who have been here this fall, and 
brought their own provisions, etc., and employed no 
guides, from coming into the State, and he questioned 
whether such men were Avanted here. The amount of 
money appropriated for the protection of fish and game 
is not yet sufficient to fully enforce the laws, etc. Mr. 
Spear said that io,ooo deer had probably been killed in 
Maine this year. This meant 5,000 sportsmen. If they 
were taxed "at $3 or $5, the State wourd get quite a 
revenue from them. 
Mr. Sprague said that the iron-resident licensing 
scheme had been killed several times by the sportsmen's 
association. Two years ago he heard Senator Engel 
make a most able argument against it, and he wanted 
to hear from him again. 
Senator Engel said: "Naturally, the more prosperous 
any business enterprise is, and the more people there 
are engaged in it, the public, just in that ratio, is in- 
terested in it, for the reason that large interests or in- 
dustries furnish labor, food and education for a great 
many, and as it is Avith private interests, so it is Avith 
public. 
"Everybody in this State is aware of the importance 
and magnitude of our fish and game resources. It has 
been estimated by a very conservative man recently that 
these interests, coupled as they must be Avith the sum- 
iner travel, are larger than our entire lumber interests in 
this State, which latter we have always regarded (outside 
of the agricultural pursuits) as being the largest. In 
short, they bring about $8,000,000 into our State without 
making any perceptible inroads upon our resources, and, 
unlike many other large money transactions, it does not 
go into the hands of trusts or corporations, but directly 
into the hands of a class of people which needs it the 
most, and now the question for us to soh^e is: How can 
we best retain this large income? For it is vital that Ave 
should, for you, gentlemen, who are looked upon as the 
representatives of these great interests, are to decide as 
to the best methods to foster it, and it is well to remem- 
ber that unwise legislation will kill the goose that lays 
the golden egg. ^ < 
"the first question under consideration is 'Should the 
Moose LaAV be Changed?' ' I, for one, think that it 
should in one respect, and that is that the judge should 
have discretionary powers. The punishment does not 
fit the crime, for you must remember the fact that killing 
a moose in close time is not a natural crime, and that at 
best it is only an ordinance prohibitive geographically, 
and therefore may be at times encroached upon by the 
best of men, and as every man has the right of trial by 
jury, the jury can onlj^ render a A^erdict of guilty or not 
guilty, while the learned judge, who is broad and hu- 
mane in our State, should be empowereji tO' itapos? a 
