146 
FOREST AND STREAM. 
Feb. 19, 1S98.] 
shown in the new Illinois fish law. The veteran Dr. 
Bartlett, of Illinois, arose to say that he thought the 
size-limit law the most practical thing Illinois had yet 
found, and that he could here see and could instance the 
value of unifoi'm laws. 
"1 have seen barrels full of 5in. bass," he said, "and 
if we try to prosecute, the dealers tell us that they come 
from Wisconsin or from Michigan. Make the size of 
sale the same in all these States." 
Mr. Douglas, of Minnesota, said he would like to see 
black bass and trout taken off the selling list. They 
could not legally be sold in Minnesota. Dr. Bartlett 
agreed that that was right, but said no such measure 
could be passed for Illinois. Mr. Douglas, therefore, did 
not press this point for the general resolution. The best 
of feeling obviously prevailed, and the desire was mani- 
fest to sanction only the broadest rneasure which seemed 
feasible for all. A long time was spent in earnest dis- 
cussion of the Cohen resolution, which was finally 
passed in the following amended form: 
"Resolved, That this convention, and each member 
thereof, use all honorable means to secure the enforce- 
ment, in all States practicable, of laws for the protection 
of fish as follows: 
"To prohibit the capture of any fish with hook and 
litie, or by any device or means, within 400ft. from any 
dam, during the period from April i to July i, in each 
year consecutively for five years next following. 
"To prohibit sale of fish in markets of the kinds less 
than the sizes as follows: Black bass, iiin. ; white bass, 
Sin.; rock bass, 6in.; black or river crappie, 8in.; white 
prappie, 8in,; yellow or ring perch, 7in.; wall-eyed pike 
(pike-perch), isin.; pike, pickerel, i8in.; buffalo, isin.; 
German carp. I3in.; native carp, I2in.; sunfish, 6in.; 
red-eyed perch, 6in.; catfish, I3in. ; white perch, loin.; 
brook trout, California trout, grayling, German trout, 
6in.; landlocked salmon, loin.; whitefish and lake trout, 
2lbs. in the round undressed, or ij^lbs, dressed with head 
on." 
This was the second measure, and it is also good. It 
covers matters already embodied in the laws of Illinois 
and Minnesota, and which might well be in the laws 
of all these Northwestern States. 
Uniform Measures on Gam«>, 
The above closed the action on fish protective matters, 
it being now seen that the States intend using the size- 
limit to supplement the close-season idea on fish. The 
committee on topics now withdrew for further discussion 
and reported on their return the following topics for 
consideration, under the head of Protection of Game, 
with the following men to lead the discussion respect- 
ively: 
1. Hunters' licenses. Ellarson, of Wisconsin. 
2. Sale of game. Bortree, of Illinois. 
3. Shipment of game. Fullerton, of Minnesota. 
4. National legislation. Douglas, of Minnesota. 
5. Cold storage. Loveday, of Illinois. 
6. Spring shooting. Lakey,"of Michigan. 
7. Open and close seasons. Bartlett, of Illinois. 
The license question was one of many theories. Mr. 
Ellarson, of Wisconsin, spoke but briefly. Mr. Bortree, 
of Illinois, thought non-resident licenses a necessity,, 
else our game was to be wiped out. He would even 
favor a county license, so that any man going out of 
his own county would be obliged to pay $2. Mr. Love- 
day, of Illinois, said it should not be all asked of the 
sportsmen. In his work he had found that 80 per cent, 
of the convictions were against farmers. They were 
the ones, who were shipping the game. Mr. Davis, of 
Michigan, said it was time shooters of all sorts realized 
that killing of the State's game was a privilege, and not a 
right. The latter idea was amplified by Mr. Flett when 
he said: _ ' 
"We have tried the hunting license, resident and non- 
resident, and I think I can say Wisconsin will never 
go back to the old way again. Once you eradicate the 
idea from the farmer's mind that the game belongs to 
the landowner, and not to the State, you will have easy 
sailing. We found it so in Wisconsin.^ The farmers 
came in thousands to pay their licenses to shoot deer. 
Our license law has worked so well that we may extend 
it also to feathered game."' 
Mr. Brewster, of Michigan, said: "The idea is often 
advanced that a non-resident hunting license is discrimi- 
nation. It does not appear such to us. The non-resi- 
dent pays nothing for the support and protection of our 
game, whereas the resident is taxed for the machinery 
of the government which he chooses to visit uninvited. 
His license only equalizes things. We got from our 
licenses $7,000 for our State warden work, and as much 
for the counties. I can say, too, that after trying it with 
the license we will never go back to the old system 
again.'* 
At this point Mr. William Werner, of Chicago, arose 
and created much interest and laughter by a stirring 
speech which had man}' hard hits in it. Mr. Werner said 
that the biggest game hogs on earth were the sportsmen 
of Chicago; they were the worst law-breakers, and 
bought most of the illegal game. He said that he was 
steward in a large restaurant in Chicago, and last sum- 
mer sold an illegal prairie chicken to a certain sports- 
man of Chicago. For this he was fined $13 [laughter]. 
Mr. Werner now grew warm, and stated some home 
truths. "I know it very well,'"' said he, "from my own 
business, that Chicago sells game 365 days in the year — 
cold-storage game, unfit to eat — but it is sold. Don't 
blame the farmer, Mr. Loveday. You have plenty of 
pot-hunters here in Chicago. Our cold-storage houses 
are full of game to-daj'. My friend has followed me, and 
now I am going to follow him!" 
Mr. Werner was received with applause, though speak- 
ing a bit ahead of the schedule of topics. The meeting 
adjourned at 6 P. M. to meet the following day at 10 
A. M. 
Chat acter of the Meeting* 
The character of the meeting to-d.ay was a surprise 
and a delight to those acquainted with the vague ver- 
bosities of most alleged or pretended protective meet- 
ings. The orator was absent, and the business man, the 
thinker, the executive man, was present in his stead. 
The chair was lenient in rulings, and the discussion was 
not held down hard and fast, but was broad and gen- 
erous in treatment. The presence of so many men ac- 
customed to legislative action and parliamentary practice 
— lawyers, representatives and men accustomed to legis- 
lative committee work — was pleasantly shown by the 
courtesy and promptness of handling the business, and 
above all by the grasp and grip on the subject. Nobody 
wandered away and got lost. The main idea was always 
plainly before the house. Above all, one carried away 
the unusual impression that finally here were men the 
majority of whom were not seeking self-advertising or a 
"record," who were not trying to fill in the hours of a 
sportsmen's convention with the customary platitudes, 
but trying to do something for flie practical protection of 
our fish and game. It was a serious, dignified and highly 
satisfactory meeting that was held to-day. 
Tuesday, Second Day, Feb, 8, 
Chairman Green called the convention to order at 10 
o'clock in the morning. The order of the day was the 
consideration of measures protecting game, the question 
of fish protection having been thoroughly handled on 
the day before. The committee on order of procedure 
having made their report, Mr. Douglas, of Minnesota, 
introduced the following resolution: 
Resolved, That it is the sense of this convention that a license 
tax of .$25 upon non-resident deer hunters, and a tax of $1 upon 
resident deer huntei-s, similar to the laws of Wisconsin and Mich- 
igan, should be adopted by all Northwestern States. 
Such a measure would at one time have been consid- 
ered radical in the extreme, but tlie change of sentiment 
in the Northwest in this regard was clearly shown by 
a practically unanimous vote of these men who have 
given the matter serious thought before coming to this 
convention. Mr. Bortree, of Chicago; Messrs. Brew- 
ster, Lakey; Preston, Fox, of Michigan; Messrs. Whe- 
lan and Flett, of Wisconsin; Messrs. Potter, Tucker 
and others, of Minnesota, participated in the discussion 
of this interesting measure. The deer-shooting license 
for resident and non-resident may be considered as part 
- of the policy of these Northwestern States. (It shovild, 
of course, be borne in mind that the terms "shooting 
license" or "gun license" do not mean the same as the 
"gun tax," which was at one time listed among the 
chimeras of certain Western protectionists. The gun 
tax would, no doubt, be an unconstitutional measure, 
even should it become a law, which would be most un- 
likely.) 
An attempt was made to extend the license idea to 
cover all varieties of game, but Mr. Lakey's motion to 
this effect, making the non-resident license $10, was lost, 
being tabled. Mr. Bortree declared it extravagant and 
impossible of success. Messrs. Foote and Preston, of 
Michigan, also thought that no such sweeping measure 
could carry. Mr. Ferris, of Minnesota, thought that 
not even a license for deer shooters would be paid by 
the residents of Minnesota, and moved to strike out the 
resident clause. Mr. Brewster opposed changing Mr. 
Douglas' motion, and so did Mr. Flett, of Wisconsin, 
The latter said the Wisconsin farmers did not object 
to paying $1 for a deer license, and the law was a prac- 
tical success. Mr. Potter, of Minnesota, differed from 
Mr. Ferris. He thought Minnesota could pass a $1 deer 
license, but not a license covering general game. Mr. 
Whelan, of Wisconsin, made a strong speech, pointing 
out that a non-resident license practically implied a resi- 
dent license also. Mr. Brewster said that he had received 
legal advice stating that a discriminating license would 
be declared unconstitutional. Mr. Flett pointed out that 
this license would be in effect a tax not upon the general 
public, but upon the men who wanted to go deer shoot- 
ing. The results of that license fee would be a fund 
which would be used in the protection of the game. 
Thus those who danced would be paying the' fiddler, and 
the fiddler would not be assessed upon any one else. It 
was further pointed out that for practical executive pur- 
poses a resident license was a necessity if convictions 
were to be made under the law. If some, and not all, 
deer hunters carried licenses in the woods, how could 
a warden tell whether a hunter who had no license was 
a resident hunter or a non-resident posing as a resident 
hunter? Mr. Ferris' amendment was lost, and the 
Douglas resolution was passed as offered. 
"The State's Property in Game. 
Mr. Whelan, of Wisconsin, introduced the following 
resolution : 
Resolved, That a law be passed by all the Northwestern States 
declaring all game the property of the States where game is 
found, before and after its killing, and that no one shall acoiiuire 
any property rights in game, but it shall always be and remain in 
the State, subject to such laws as the different States shall pass. 
Col, E. Crofton Fox, of Michigan, pointed out that 
the United States Supreme Court had already passed 
upon the question of the State's title in its game in the 
Bannock Indian cases. Mr. Douglas, of Minnesota, 
stated that statutes covering this point were already 
upon the books of different Westertt States and even so 
far East as Connecticut. These States had stolen the 
idea from Minnesota, which passed the first act of this 
nature eight years ago. 
Mr. Whelan — ^"I am aware of these facts and am ac- 
quainted with the Bannock Indian case, but my measure 
goes further. The vital point is not that the State has 
its property right in the game before the killing, but 
after the killing. Here is where the enforcement of the 
law is concerned." 
Mr. Exline, of Illinois — "The Illinois law does not go 
so far as Mr. Whelan wishes," 
Mr. Byrnes, of Minnesota — "I can see that Mr. Whe- 
lan's measure is advanced ground, and the strongest yet 
taken. It means that the killer of game never becomes 
its owner and can never have more than a qualified pos- 
session. The effect of this in punsuing game into the 
hands of dealers in other States can readily be seen. I 
heartily advocate Mr. Whelan's resolution." 
The resolution was carried. 
Stop the Sale of Game. 
Equally wise, though less positive, action was taken 
on the question of the sale of gaine. Mr. Brewster intro- 
duced a resolution prohibiting absolutely the sale of any 
game protected by law. It was the general belief that 
such a law could not be passed. Mr. Fullerton said that 
while he personally believed in just that doctrine, he was 
satisfied that so sweeping a measure could not be passed 
in Minnesota. "Let us begin with the thin edge of the 
wedge," he said. Mr, Bortree was .yery positive, and 
came out flat-footed for stopping the sale of game alto- 
gether. He said that no one had a right to take State 
property and convert it to his individual use as a matter 
of commercial profit. He described strongly the ini- 
quities of South Water street, and said that unless we 
could stop the sale of game all our laws must partially 
fail of their purpose. Mr. Loveday is known not to 
be in sympathy with the idea of stopping the game mar- 
kets. He said that he believed in allowing a restricted 
sale at certain seasons. 'He was satisfied that so sweep- 
ing a measure as the one introduced could not be passed 
in Illinois. Mr. Brewster then, at Mr. Flett's sugges- 
tion, modified the wording of his resolution, in accord- 
ance with the thin end of the wedge idea^ and it was 
passed in the following form: 
Resolved, That it is the sense of this meeting that the several 
States here represented pass laws looking toward the final pro- 
hibition of the sale of all game protected by law. 
The doctrine of Forest and Stream grows in fayor 
and in strength every year. 
The Labeling of Game, 
After adjournment for lunch the convention again 
went into session at 2 P. M., the first action being upon 
a resolution introduced by Mr. Whelan, of Wisconsin, 
as follows: 
Resolved, That it is the sense of this convention that the Legis- 
latures of the States here represented be urged to pass laws re- 
quiring persons to label packages delivered to common carriers 
so as to disclose the true contents of the packages, and the name 
and address of the owner or consignor, providing stringent penal- 
ties for falsely labeling such packages. 
Resolved further, That Legislatures -pass laws providing penalties 
for any agent, servant or employee of a common carrier who re- 
ceives a package for shipment which is not labeled so as to dis- 
close that the contents of the packages are game or fish pro- 
tected by law. 
This practical working measure- was adopted with no 
opposition. 
The Shipment of Game. 
Mr. Brewster, of Michigan, introduced another ef- 
fective idea in the following form: 
Resolved, That the Legislatures of the Northwestern States 
be urged to enact a statute making it unlawful to ship into any 
of their respective States any game from any other State which 
forbids the shipment of game out of such State. 
The wisdom of this mutual help among the States was 
apparent, and the convention indorsed the resolution 
imanimously. 
The Following of Game. 
Mn Fullerton introduced a measure strengthening and 
extending the scope of Mr. Brewster's resolution. Mr. 
Douglas supported the resolution, explaining that the 
intention was that under the law a State could follow its 
property to any markef. This measure, he said, would 
make back to the market hunter and. would rob him of 
his market. "We are after that man," said Mr. Douglas, 
"who shoots, sells or ships garne illegally." Mr. Whelan, 
of Wisconsin, suggested certain minor modifications of 
Mr. Fidlerton's resolution, and the latter was passed 
in the following form: 
Resolved, That the Legislatures of the States here represented 
be urged to enact laws by which the game wardens of each State 
shall be the agents of every other State to seize contraband game 
from other States, and that the title to such fish and game be 
recognized in the State from which the shipment is made, and 
disposed of according to the provisions of law in that State; the 
game w;ardens to transmit to the authorities of the State from which 
the shipment is made the surplus remaining after the expenses' 
of seizure. 
The foregoing little resokttion is innocent at first 
glance, but if it were upon the statute books of all the 
Western States it would give the law-breakers of South 
Water street such a shaking up as they have never had. 
Speed the day . when it may become a law. We shall 
then see emissaries from Mr. Fullerton, Mr. Ellarson 
and Mr. Osborne here on South Water street, each in 
search of certain lots of game such as hertofore has 
come to Chicago mysteriously, but always in abundance. 
No one can compiite how much Chicago, New York 
and Boston markets have stolen from the property of the 
States of Minnesota, Wisconsin and Michigan. 
How About New York? 
Mr. Bortree introduced a resolution, which was passed',. 
memorializing the State Legislature of New York to 
repeal the obnoxious Sec. 249 of the game laws of New 
York, which section opens the markets of New York to 
game throughout the close seasons of many Western 
States. "So long as this section shall remain upon your 
statute books," recites this memorial, "it will continue 
impossible for other States to prevent the unlawful tak- 
ing and shipping of their game to your State. In ex- 
pressing this hope we voice the spirit of the great mass 
of sportsmen of the West." 
The Cold Storage of Game. 
The important question of cold storage came up for 
thorough ventilation. State Warden Loveday, of Illi- 
'lois, was called for upon this topic, and said that he 
did not believe in cold storage, but that we must accept 
it in limited and modified form. We must not interfere 
with the markets too much. What we ought to do wa& 
to enforce our shooting laws out in the country. Mr, 
Bortree's voice was still for war. He cited the Kewanee 
case, where 27,000 head of game was uncovered (and 
covered up again!) in a freezer, and gave further figures 
on this line. Mr. Werner, the steward of a large res- 
taurant here, who created such interest yesterday with 
his charges against the dealers and others in this city, 
again excited a stir when he spoke of what he knew 
to be the case right here in Chicago now, after the close 
of the selling season. "I can show you a thousand sad- 
dles of venison in cold storage here to-day," he said. "I 
know how this goes, for I have bought game enough itv 
my time. I have had quail offered me at 50 cents a 
dozen — what they call No. 2 quail. I have had them of- 
fered at 65 cents a dozen, and prairie chickens at $1 a 
dozen." The market was glutted at times, and the game 
deteriorated in the course of years. It was not fit to 
eat after it had been long in storage. If the farmers only 
knew it, they would be better off if they passed laws 
stopping the sale of game, for then their chickens and 
ducks would not be competing with their quail and 
grouse in the market, Mr. Werner does indeed know 
