I 
Feb, 19, iggS.] 
FOREST AND STREAM. 
147 
the business tif cold storage here, attd let us hope that 
he will carry oUt his expressed intention of going after 
the "street." Bill Werner may in his time have sold 
taaiiy a sooner chicken or later quail (perhaps to "sports- 
tnen")i but his heart as a sportsman is in the right place. 
"Now, even if it should lose me my job," he declared, "I 
am going after some of these men I know." 
The convention adopted no sweeping or high-flown 
exj^ression of intentions on this head, but went on record 
plainly in form of a motion offered by Mr. Bortree, which 
was passed as ofllows: 
Resolved, That this convention is ol opinion that the cold 
storage of wild game is one of the most conclusive methods of 
assisting in the utter extermination of our game, and should be 
t)rohihited in all States by the most stringent laws. 
The Spring Shooting of Game. 
On the question of spring shooting to-day there is 
everywhere a consensus of belief among all sportsmen 
entitled to be called in the line of advanced modern 
thought on matters of protection. The game is passing 
away so rapidly that it seems easy to see that it should 
not be shot during the spring season. The record of 
this convention of thinkers — the most able, and yet one 
of the most wise, deliberate and con.servative bodies 
that ever sat in this part of the country for the discus- 
sion of game law matters- — hardly need be written, for 
it must be known without saying. The matter was in- 
augurated by Mr. Uri L. Lamphrey, President- of the 
Minnesota State Sportsmen's Association, who made a 
stirring, logical and convincing speech. Mr. Lamphrey 
gave page and line for every position, and showed a 
thorough familiarity with the breeding habits and the 
dates of the flight of our migratory fowl. The formal 
resolution was introduced % Mr, Fullerton, of Minne- 
sota, as follows: , 
Resolved, That it is the sense of this convention that the shoot- 
ing of all aquatic fowl, including snipe, should be prohibited from 
Jan. 1 to Sept. 1 in each .year, and that we pledge ourselves to use 
all honorable means to have laws passed by the different .States 
here represented to so prohibit spring shooting. 
It will be observed that this wording specifies snipe, 
so that there might be avoided the Illinois ambiguity 
over the question whether or not the snipe may be 
called a waterfowl, 
The Seasons for Killing Game, 
the question tit establishing uniform open seasons for 
game over territory so large as that embraced by the 
different States represented in this convention is, of 
course, a very difficult one, and was alike the most im- 
portant and the most trying duty of the convention. The 
discussion of dates for different sorts of game showed a 
disposition on the part of all the varying localities to 
give and take in the matter of close and open seasons, 
with the joint wish to get at dates which should be 
as near as possible alike, and which should yet serve 
the purposes of practical local protection. The' first and 
least difficult phase of this question was that of the season 
for deer in the different States. After careful weighing 
of all data, the following resolution of Mr. Foote, of 
Michigan, was adopted: 
-Resolved, That it is the sense of this meeting that the open sea- 
son for deer be from Nov. ] to Nov. 20, With -five days to dispose 
of the deer on hand. 
The question of a Uniform date for chicken, quail, 
grouse, etc., proved to be a mixed and hard one, and 
bid fair to take up much mote time than remained at 
the disposal of the convention. Here it became obvious 
that Ininois will without doubt prove the most disturbing 
factor in any attempt at uniform laws among the North- 
western States. This is true mainly from geographical 
reasons, the State stretching nearly 300 miles further 
south than the average boundary lines of the other States 
concerned. Mr. Loveday thought the chicken date ought 
to be opened on Sept. 15; Col. Fox, of Michigan, 
thought that the date on all game birds excepting prairie 
chickens should be from Oct. i to Dec. i. It seems to 
be evident also that the prairie chicken is going to be 
s harder factor to handle than almost any other game 
bird._ Mr. Fullerton, seeing that these questions needed 
further weighing, moved that the chair appoint a com- 
mittee to be composed of one delegate from each State, 
these to meet later with the purpose of determining 
dates as uniform as possible for the seasons on small 
game. This motion prevailed, and the chair appointed 
the following committee: Minnesota, S. F. Fullerton; 
North Dakota, George E. Bowers; Michigan, A. L. 
Lakey: Wisconsin, J. H. Green; Ohio, E. H. Shorb; 
Illinois, C. E. Felton. The report of this committee will 
^^fe received with interest after it has formulated its plans. 
Song and Insectivorous Birds. 
Mr. Ruthven D eane, the well-known Chicago orni- 
thologist, took up the question of protection of North 
American birds, explaining the failures of certain laws in 
the practical protection of such birds. He mentioned 
the work of the Audubon societies of different States, 
and described the necessity for such work. He spoke 
of the practical extinction of certain of our North Ameri- 
can birds, and traversed the popular doctrine that 
hawks, crows, etc., should be destroyed when seen. Mr. 
Deane offe-ed as proper text for an interstate law the 
following bill prepared by the American Ornithologists' 
Union : 
[An Act for the Protection of Birds and their Nests and Eggs.] 
. Sec. 1. Any person who shall, within the State of , kill or 
catch or have in his or her possession, living or dead, any wild 
bird other than a game bird, or who shall purchase, offer or expose 
tor sale any such wild bird after it has been killed or caught 
shall, for each offense, be subject to a fine of $5 for each bird 
killed or caught, or had in possession living or dead, or imprison- 
ment for ten days, or both, at the discretion of the court. For 
the purposes of this act the following only shall be considered game 
birds: The Anatidse, commonly known as swans, geese, brant, 
and river and sea ducks; the RallidK, commonly known as rails' 
coots, mud hens and gallinules ; the Limicolje, commonly known 
as shore birds, plovers, surf birds, snipe, woodcock, sandpipers, 
tatlers and curlews; the Gallina, commonly known as wild tur- 
keys, grouse, prairie chickens, pheasants, partridges and quail. 
Sec. 2. Any person who shall, within the State' of take or 
needlessly destroy the nest or the eggs of any wild bird, or shall 
have such nest or eggs in his or her possession, shall be subject 
for each offense to a fine of $5, or imprisonment for ten days, or 
both, at the discretion of the court. 
Sec. 3. Sections 1 and 2 of this act shall not apply to any person 
holding a certificate giving the right to take birds, and their 
nests and eggs, for scientific purposes, as provided for in Section 
4 of this act. 
Sec. 4. Certificates may be granted by (here follow the names of 
ihe persons, if any, duly authorized by this act to grant such 
certificates), or by 'stn.y incorporated society o{ natural history in 
the State, through such persons or officers as .said society may 
designate, to any properly accredited person oE the age of fifteen 
years or upward, permitting the holder thereof to collect birds, 
(heir nests or eggs, for strictlj' scientific purposes only, In order 
to obtain such certificate, the applicant for the same rnust present 
^0 the person or persons having the power to grant said certificate 
written te.stimunials from two' well-known scientific men, certi- 
fying to the good character and fitness of said applicant to 
be intrusted with such privilege; must pay to said persons or 
officers $1 to defray the necessary expenses attending the grant- 
ing of such certificates; and must file with said persons or officers 
a properly executed bond in the sum of $200, signed by two re- 
sponsible citizens of the State as sureties. This bond shall Ijc for- 
feited to the State, and the certificate become void, upon proof 
that the holder of such a certificate has killed any bird, or taken 
the nest or eggs of any bird, for other than the pm'poses named 
in Sections 3 and 4 of this act, and shall be further subject for 
each such offense to the penalties provided therefor in Sections 
I and 2 of this act. 
Sec. 5. The certificates authorized by this act shall be in force 
tor one year only from the date of their issue, and siirdl not be 
transferable. 
Sec. d'r The English or European house sparrow (Passer dotne^i- 
licus) is not included among the birds protected by this act. 
Sec. 7. All acts or parts of acts heretofore passed, inecmsistcnt 
with or contrary to the provisions of this act, are hereby repealed. 
Sec. 8. This act shall take effect upon its passage. 
Mr. Watlcins, of Michigan, supported Mr. Deane's re- 
marks ably, and the above was passed in form of a 
resolution . 
Other Matters. 
Mr. E. H. Shorb, of the Ohio State Commission of 
Fish and Game, was called upon to tell something of his 
work as master of the State pheasantries in Ohio. Mr. 
Shorb said that he had fou,nd the cross-bred bird, or ring- 
necked pheasant, the most valuable, as it did not wander 
so much as the Mongolian pheasant. He stated that 
Ohio had been very successful in raising these birds, 
and he had turned down over 2,000 of them. The birds 
bred twice a year and were hardy when once the season 
of infancy was passed. 
Col. Fox, of Michigan, introduced the following reso- 
lution, which was passed: 
Whereas, This convention has been called for the purpose of 
recommending efHcient laws, £or the protection of game of all 
kinds; be it 
Resolved, That this convention urges Congress to use every 
honorable means to pass the bill proposea by Hon. Secretary 
Bliss for the addition of lands known as Jackson's Hole, in Wy- 
oming, to the Yellowstone Park as a part of the same, for the 
purpose of better protecting the wild animals which abound in 
that section, thus making a winter range and the grandest game 
preserve in the world. 
Mr. Lakey moved that the States of Indiana, Ohio, 
Iowa and South Dakota should be invited to join the 
purposes of the convention, and Senator Potter, of Min- 
nesota, moved that the temporary organization formed 
for the present week should be made a permanent one. 
On vote upon the latter motion the organization was 
made permanent. Mr. Green, of Wisconsin, will con- 
tinue as president, and Mr. Fidlerton, of Minnesota, as 
secretary for the ensuing year. Annual meetings will be 
held. The name of the organization will be determined 
at a future committee meeting, and for the purposes of 
brevity the title of Interstate Wardens' Association may 
perhaps be adopted. 
In the matter of national legislation, Mr. Fullerton 
introduced the following, which was carried: 
Resolved, That it is the sense of this convention that each 
delegate present shall use his best effort with his representative 
in Congress to have him vote for and support the bill now pend- 
ing in Congress, introduced by Senator Teller, to regulate the ship- 
ment of game between the States, and that we, as delegates, 
heartily concur in this proposed legislation and urge its adoption^ 
In the matter of shortening the selling season of game, 
Mr. Strell was of the belief that a selling season should 
be permitted, but that it .should be bounded by sub- 
tracting five days from each end of the killing season. 
This was referred to the committee on open and close 
seasons. 
The Committee on Legislation. 
The sense of this couArention may be clearly gathered 
from the foregoing resolutions as printed in full, and 
it is to be siibmltted that the conclusions of this conven- 
tion are wise ones, ai d not radical from a modern 
standpoint. At least they represent the belief of the 
best protectionists of this part of ottr country. The 
work up to this ooint, however, has been btit preliminary 
and advisory. The practical work is still ahead. It is 
no doubt too much to expect that any measure embody- 
ing the above princioles will be passed by all of the 
States represented here in Chicago, nor is it, perhaps, to 
be supposed that even one State will adont these sug- 
gestions in full. The task of preparing a bill which shall 
be common for all these States, on the heads above 
specified, is one involving much legal skill and careful 
thought. The necessity of a legislative committee was 
apparent for the purposes of drafting such a bill, and at 
Mr. Bvrnes' motion the personnel of stich a committee 
was decided by the chair as follows: J. H. Green, S. F. 
Fullerton, A. L. Lakey, George E. Bowers E, H, Shorb 
and C. E. Felton. 
This committee will have at its right hand such legal 
talent as that of Hon. T. E. Byrnes, who has bad mttch 
to do with the excellent Minnesota law, and of Mr. C. E. 
Whelan, Assistant Attorney- General of Wisconsin, who 
for such purposes would need no further indorsement 
than may be shown in the brief record of his work at 
this convention. 
The convention adjourned at a late hour on Tuesday 
afternoon, subject to call of Chairman Green. After the 
smoke has blown away from an ordinary sportsmen's 
convention one usually expects to hear nothing further 
of the matter, but there is a peculiar and irresistible 
feeling about this convention, which was not one of 
sportsmen, that its adjournment was not the end of it. 
It is the belief of all who attended this convention and 
noted its sincerity and steadfastness that we shall hear 
more from these men. Let us hope that it will be a 
great deal more. 
Notes of the Convention. 
There were present on Tuesday the following gen- 
tlemen from different States, a numerous and able gath- 
ering: 
Wisconsin.— Senator J. H. Green, J. T. Ellarson, State 
warden; H. Overbeck, Jr., Representative W. H. Flett, 
H. D. Smith and J. J. Hogan, Fish Commissioners; C. 
E. Whelan, Assistant State's Attorney; J. S. Nevins, 
Superintendent, and E. E. Bryant, President State Fish 
Commission; C. G. Ball. Commissioner of Fisfieries. 
Minnesota. — S. F. Fullerton, executive agent State 
Game and Fish Commission ; Representative W. B, 
Douglas, chairman House Game and P'ish Committee; 
Senator E. G. Potter, chairman Senate Game and Fish 
Committee; Hon. T. E. Byrnes, attorney for the State 
Commission; C. S. Benson, Secretary State Game and 
Fish Commission; Representative A. F. Ferris, mem- 
ber House Game and Fish Committee; Uri L. Lam- 
phrey, President Minnesota Game and Fish Protective 
Association; W. G, L. Tucker, Secretary same organiza- 
tion. ^ 
Michigan. — Horace Davis, President State Fish Com- 
mission; C. E. Brewster, State deputy game and fish 
warden; Col. E. Crofton Fox, Vice-President State 
Game Protective Association; J. Waddell, Grand Rapids 
Fish, Game and Dog Protective Association; A. L, 
Lakey, President National Game, Bird and Fish Pro- 
tective Association; Senator J. L, Preston, Mr. Moore, 
statistical agent Michigan Fish Commission; Repre- 
sentative C. E. Foote, and G. W. Wills, deputy from Bay 
county. 
Illinois. — N. Cohen, President State Fish Commission; 
S. P. Bartlettj United States Fish Commissioner; Rep- 
resentative J. B. Lyon, H. W. Loveday, State warden; 
A. A. Exline, attorney for State warden; P. Goet-ter, 
A. Lenke, H. Edenborgh and G. R. Rotto, deputy game 
wardens; A. H. Noel, fish warden. Cherry Valley; C. 
D. Gammon, M. R. Bortree, S. F. Baird, G. Kleinman, 
G. Airey, E. M. Gates, William Werner, R. B. Organ, 
L. M. Hamline, Ruthven Deane. 
Ohio.— E. H. Shorb, State Game and Fish Cottittiis- 
sioner. 
North Dakota. — George E. Bowers, State warden. 
State Warden Chase S. Osborne, of Michigan, is on 
his way to Europe, and could not attend. Mr. Chamber- 
lain, of Ironwood, was also disappointed and obliged to 
send regrets. State Deputies Brewster, Watkins and 
Willis ably represented the field forces of that progressive 
State. 
Warden George E. Bowers, of North Dakota, says 
that the shooting license is well received in his State, 
and raises considerable money to pay for protective work. 
Pie thinks North Dakota will not go back to the old 
system again. 
Mr. C. E. Whelan, of Wisconsin, is the sort of lawyer 
of whom protection cannot have too many. 
Hon. "Tim" Byrnes, of Minnesota, has had great 
practical experience in drafting and enforcing game 
laws. Let us hope his hand may be seen in the important 
bill which shall represent the action of this convention, 
A better man could not have been put in the secre- 
tary's chair as executive agent. He executes. 
Illinois is the shakiest State of them all on cold stbr 
age and the sale of game. Illinois will not come into 
line on spring shooting. If there is any break out of the 
line of uniformity, it is most apt to come from Illinois. 
This State has a greater commercial interest in game 
thai! any or all of the Western States. Her geographi- 
cal situation, running almost into the Southern States, 
makes yet another phase of the problem. These are 
reasons for the fact that Illinois is far behind all the 
other States represented here, and is most apt to stay 
behind in protective work. 
But nothing is behind New York, with her destroying 
markets. 
There will be a good sale of Forest and Stream 
this week among the game dealers. E. Hough. 
1206 BoYCE Building, Chicago. 
Fox and Grouse. 
Clinton, Me., Jan. 31. — Editor Forest and Stream: In 
j'our issue of Jan, i the communication from Mr. Stephen 
R. Leonard, entitled "Foxes or Birds?" well illustrates 
the desire of a certain class of sportsmen to find a scape- 
goat on which to lay the consequences of their own 
deeds. He asks if I have viewed the subject from all 
sides. As I am very fond of grouse shooting as well 
as fox hunting, I have carefully considered the question 
from all 'sides and in all lights. As to having an over- 
supply of grouse in this neighborhood, I can say that 
there most certainly is not, but we must look for some 
other cause than the depredations of the red fox. 
I have been in the woods a great deal during the past 
six years, and during that time I have only once seen 
where a fox has devoured a grouse, and I had no means 
of knowing that this bird had not died from a .shot 
wound. I have never seen where a fox has caught a 
grouse that was under the snow for the night, and I 
am positive that it is very rarely that they do catch a 
bird in this way. 
The Creator adjusted the workings of nature in far 
too wise a manner to allow one class of birds or ani- 
mals to be exterminated by another class. It is only 
when the creature man devotes his superior powers to 
their destruction that the different classes of game are 
in danger of becoming extinct. According to old 
hunters with whom I have conversed, before the advent 
of the wing shooter with breech-loading gtm and pointer 
or setter grouse were very plentiful and tame, and foxes 
were also much more abundant than at the present day. 
Since the advent of modern firearms, dogs and methods 
of shooting, the supply of ruffed grouse has steadily di- 
minished. 
In the season of 1897 very few, if any, ruffed grouse 
were raised in the State of Maine, owing to the continued 
wet weather at the time of hatching and afterward; yet. 
notwithstanding this, the woods have been full of hunters 
who liave shot every grouse possible. I have made in- 
quiries of a number of shooters, and all of the birds shot 
have been old ones. It is an undoubted fact that owing 
to no birds being raised the past season, and also to the 
slaughter of old birds, the beginning of the year 1898 
finds less than one-fourth the usual number of grouse 
left for breeding purposes in this State. Next fall, when 
the continued scarcity of grouse becomes apparent, no 
doubt some sportsmen will ignore the true cause of this 
scarcity, and again we shall hear the old, familiar crv; 
"The fox did it." 
To do' the bird shooters of my section justice, how- 
ever, they are very fair and do not claim that the fox is 
to blame for the scarcity of grouse, and all very willinglj'- 
signed a petition which was presented at the last term 
of the Legislature, requesting the passage of a law 
preventing the trapping of foxes. 
