July 23, 1898.] 
FOREST AND STREAM. 
71 
Creek for young: mourning: cloves, paroquets or a stray 
male wood duck, which had left its mate to care for 
the offspring while he retired to moult and feed up in 
order to hlossom out with a new suit in the fall. I was 
needing meat, and a stray loon flew into a light charge 
of No. 10 shot at short range and was knocked out in 
the first round. 
Not until it came to hand was the bird known as one 
with which I had a nodding acquaintance. It was a fish- 
eater and was not classed among the birds that a man 
may eat. Pshaw! Man is a creature of prejudice! . In 
Scotland he will not eat eels; in Connecticut, he will not 
eat sturgeon, the royal fish of England, where the first- 
one taken in the Thames goes to the Queen's table; in 
New York they will not eat lampreys, miscalled "lamper 
eels." which ate delicacies in Connecticut, and in Eng- 
land some, old king — I never could keep a record of 
kings — died from a surfeit of lampreys. With these 
prejudices in mind, and I hate all prejudices except those 
which I entertain, I decided to eat the loon. 
There may be differences among loons, as there are 
between pigeons and squabs. I prefer an adult pigeon to 
a squab, there is better chewing on it, but if a man 
wants real hard chewing with a flavor of raw fish, let 
him tackle an adult loon. That bird could not be picked, 
it was skinned, and in its stomach there was a catfish 
recently swallowed, one partly digested, and the bones 
of another. The triggers of the pectoral fins of the 
catfish were set, but the stomach of the loon did not 
seem to be. troubled by that fact. I do not shoot at loons 
and have decided opinions which cannot be gone into 
here about their diving at the flash from a gun. 
The grebes are all fish-eaters, from the "red-necked," 
the "horned grebe," the "eared grebe," down to the lit- 
tle "hell-diver," known also as "dabchick" and "water- 
witch." These birds are all divers and fish-caters, and 
have slender bills like the mergansers, but not as strong- 
ly "toothed," nor are they curved. 
The breasts of these birds are prepared for adorning 
bonnets of women; they are beautiful, and so arc the red- 
winged blackbirds and the orioles, but no woman with- 
in the sphere of my influence will wear a feather taken 
from a living bird, or from any bird that is not bred f<»r 
its feathers, as the ostrich is bred. 
In 1882, while officially gathering the fishes of the 
Adirondack's for a report thereon, I set a gill net in the 
upper end of Meacham Lake, near the bridge, and in the 
morning I had a little "hell-diver" in it. The bird had 
its head out of water and tried to dive, but was tangled 
in the net. It was unharmed, and knowing that it could 
not fly from the bottom of the boat we set it down there. 
It wriggled up under the bow seat and remained quiet. 
The bird was boxed and sent to Central Park, New York 
city, but it died, and Supt. Conklin told me that in the 
zoological gardens, both in Europe and America, all 
attempts to keep loons and grebes alive had failed. 
The Herons. 
These, fish and frog lovers are often called "cranes" in 
aonie parts. But our two American cranes, the white 
or whooping and the sandhill cranes, never come to the 
-eastern United States. The great blue heron is best 
known for its size, but the. more commonly known 
species is the bittern, "stake driver," or "poke." Those 
mentioned are solitary birds which fish by day, standing 
in the pools, swamps or marshes as immovable as stumps 
until a luckless fish or frog comes within reach of their 
bills, when its fate is sealed. They do not love 
mountain streams, which seem to be left to the king- 
fisher, but haunt the still waters where they can wade 
among the lily-pads. 
The most interesting birds of this group are the night 
herons, or "quawks." They are gregarious not only in 
nesting, but also go out in squads after sundown, calling 
to each other, and while they do not fish in groups they 
extend along a pond and drop at intervals, returning to- 
gether in the morning, if nothing disturbs them. The 
"powder down" patches on the breast and under the 
wings of these birds are curious things. They are said 
to be phosphorescent, and I believe it, but can't prove 
it. There is a childish song, the burden of which is: 
"I believe it, for my mother told me so." Years ago my 
first tutor in natural history, "Old Port" Tyler, told me 
that the lights we saw in a dull and seemingly distant 
way were the lanterns of the quawks. Any man who 
has read my sketch of "Old Port" in "Men I Have 
Fished With" knows that he was a past master of wood- 
craft, with neither romance nor humor in his composi- 
tion, 
I have seen the lights among the lily-pads and along 
the shore, and have seen them appear and disappear. 
The "powder down" is plainly in evidence on every dead 
night heron, but it is not phosphorescent when the bird is 
dead. There's the rub. We've all seen "fox fire" in the 
woods at night, when decayed wood in a dry place be- 
comes phosphorescent, and the light has the same 
quality as that which "Port" said came from the night 
heron. In all things connected with the habits of bur 
birds, beasts and fishes I make an effort to sift what 
I know from personal experience from what I get at sec- 
ond hand, or "believe." As for the phosphorescence of 
the powder down patches of the night heron, I believe 
that I have seen the light from them. I believe, for 
Port Tyler told me so. Surely some of the anglers or 
ornithologists who read Forest and Stream should be 
able to settle the "powder down" question; I cannot. 
Here it is evident that the fishing birds have taken all 
the space, that can be afforded for one paper on this 
subject, and the wearers of fur and scales must be con- 
sidered later. 
[to be continued.] 
A Long Island Bass. 
A black bass weighing 6%lbs. was taken on July 11 
from Big Fresh Pond, near Hampton Park, Southamp- 
ton, Lond Island. It was caught by John Zugg, a farm 
hand employed at Hampton Park. Big Fresh Pond is 
a beautiful body of water about five miles in circumfer- 
ence and surrounded by trees of large growth, which 
extend down to its banks. Catches of bass from 1 to 
jibs, each are quite frequent. 
CHICAGO AND THE WEST. 
The State Owns the Game. 
The State of Minnesota, in the case of E. L. Thomas, 
respondent, against the Northern Pacific Express Com- 
pany, appellant, lays down strong law in support of the 
proposition that the State owns its own game and fish. 
Thomas was an old offender, and had defied the fish 
commission for a long time. Tons of fish had been 
seized from him, and he had gone to the Supreme Court 
on a test case, which, if lost by the fish commission, 
would have brought about their ears dozens of cases 
which would have made a perpetual annoyance at least. 
As it is, the commission is supported in its position that 
the State never parts title with its game. The text of the 
decision reads as below: 
STATE OF MINNESOTA— IN SUPREME COURT 
— APRIL TERM, A. D. 1898. 
E. L. Thomas, Respondent, vs. Northern Pacific Ex- 
press Company, Appellant: 
When a common carrier has, on demand of the true 
owner having a right of possession, delivered to him 
the property bailed, it is a. complete justification for non- 
delivery according to the direction of the bailor. 
It is not necessary to give the bailor notice of such 
delivery, distinguishing the case in that respect from one 
where the property has been taken from the carrier on 
legal process against the bailor. 
Where wild game has been caught or killed at a time 
or in a manner prohibited by statute, it remains the 
properly of the State and may be reclaimed by it as 
the true owner. Where game unlawfully killed has been 
commingled with game lawfully killed, the burden is upon 
the possessor to prove as against the State what part was 
lawfully killed, and thereby became his property. 
Order reversed. 
This action was brought to recover damages for the 
failure of the defendant to deliver to the consignees 
several small consignments or shipments of fish, which 
plaintiff had delivered to the defendant, as a common 
carrier, for transportation and delivery to the consignees. 
The substance of the defense was that the fish had 
been caught in the Stale of Minnesota with nets, con- 
trary to law, and consequently still belonged to the State, 
and that they were taken from the possession of the de- 
fendant by the State, through its agent, the game warden. 
In short, the defendant justified its non-delivery to the 
consignees by delivery on demand to the rightful owner. 
The trial court found "that part of each of the ship- 
ments was fish illegally caught with a fish net, but from 
the evidence it was impossible to determine what 
amount was illegally caught and what was the value 
and quantity of the fish legally caught." 
As a conclusion of law from these facts the court held 
that the plaintiff was entitled to recover of the defendant 
the value of all shipments, for the reason "that it did not 
appear that notice of such seizure was immediately given 
either to the plaintiff or the consignees." 
The learned judge evidently confounded two entirely 
distinct defenses which a common carrier may interpose 
as a justification for non-delivery of property to the 
•consignee, to wit: 1st, that he delivered the. property on 
demand to some one else who was the rightful owner 
and entitled to the possession of it; and 2d, that the prop- 
erty was taken from his possession on legal process 
against his bailor, and that he immediately notified his 
bailor of the fact. 
The first is always a sufficient defense of a bailee 
against the claim of the bailor, and there is no difference 
in this regard between a common carrier and any other 
bailee. The Idaho, 93 U. S., 575. Hutchinson on Car- 
riers, Sec. 404. 
To constitute the second defense, the bailee must 
promptly notify his bailor of the seizure, so as to give 
him the opportunity to defend his title. The law does 
not require a common carrier to defend a title of which 
he presumably knows nothing, but, in case of seizure on 
legal process, it does not require him to notify his bailor 
so that the latter may defend. Where the carrier de- 
livers the property, on demand, to one claiming to be a 
rightful owner, he of. course assumes the burden of prov- 
ing, as against the claim of his bailor, that such person 
was the rightful owner, but we know of no rule of law 
requiring him to give notice to his bailor of such de- 
liverv. All of the authorities cited by plaintiff's counsel 
are cases where the property had been taken from the 
carrier by legal process. But in this case the game 
warden, as agent of the State, claimed and took it as its 
property. 
Wild game belongs to the State in its sovereign capa- 
city. No person can acquire any property in it except 
by catching or killing it at the time and in the manner 
authorized by law. If a person catches or kills it at a 
time or in a manner prohibited by statute, it still remains 
the property of the State, which may reclaim it. State 
vs. Rodman, 58 Minn., 393. 
The court does not find by whom or with what intent 
the fish legally caught were commingled with those, ille- 
gally caught. In view of the evidence they must have 
been intermingled either by the plaintiff or by the fisher- 
men who caught them, and from whom plaintiff bought 
them. Neither does the court find that they were in- 
capable of being distinguished, but merely that it was 
impossible to determine from the evidence what amount 
was legally and what amount was illegally caught. 
We do not find it necessary to go into a general discus- 
sion of the law relating to the confusion of goods, nor 
do we think that a case where goods, a part of which 
confessedly belonged to each of two different persons, are 
intermingled is entirely analogous. 
We have here a case where all of the property origin- 
ally belonged to the State, and no one could acquire any 
right to or in it except by catching it at a time and in a 
manner authorized hy statute. At least a part of it still 
belongs to the State because caught in an illegal man- 
ner. If any person claims that another parr commingled 
with it was caught in a legal manner and thereby be- 
came his property, we think the burden is on him to show 
what part belongs to him, and not on the State to prove 
what part belongs to it. > , . 
Where game or fish illegally killed or caught, is -com- 
mingled with that which was legally killed or caught, any 
other rule would in many cases render it very difficult 
to enforce the provisions of the game law. 
Order reversed and a new trial granted. 
Mitchell, J. 
A Michigan Angler's Luck. 
Mr. W. B. Mershon; of Saginaw, Mich., writes me on 
his return from his lodge on the Cascapedia, where he 
goes for salmon and trout fishing each year, and states 
that he had very good sport with both salmon and 
trout. The early fishing for salmon was good, and there 
were many fish in the river, but a log drive hurt the 
sport at the best stage of water. On one afternoon, be- 
tween 2 and 5:30, Mr. Mershon killed five salmon, the 
smallest weighing 24IIJS. and the largest 29IIJS. They 
were rising well that day. In trout Mr. Mershon and his 
wife, also a very skillful angler, did very well, Mrs. 
Mershon killing some big trout on a 6oz. rod, and her 
score being about as high in numbers as that of any other 
rod of the party, though others had trout up to 61bs. and 
6^1bs., which weight Mr. Mershon did not quite reach. 
He goes on to append the score of one day's fishing, 
which gives reason for his feeling, as he expresses it, "a 
little too much fished out to care for any more just yet 
awhile." 
"The following is a list of the trout taken by me on 
an 8oz. trout rod on Monday, June 27, 1898, being the 
last day I fished on the Cascapedia; nearly all, if not quite 
all, were taken during about two hours in the evening, til 
course with a fly. In the same pool while I was taking 
the trout that evening three large salmon jumped clear 
out of the water, but would not take the fly: One each of 
2. 2}4, 3. 3.J4. 4, 4^ .and Slbs.; two of e|4 two of 2'/ 2 , five 
of i x / 2 and six of lib." E. Hough. 
Boston Anglers m Maine. 
Boston. July 15. — White perch fishing is mentioned as 
very good indeed at some of the better perch ponds 
in Maine. The ponds in Smithfield have been panning 
out well in that direction, and several parties of Water- 
ville fishermen, with a Boston friend or two, have been 
making fishing excursions there. Belgrade ponds are 
also noted for such fishing, as well as black bass. Win- 
throp lakes and ponds are turning out good strings of 
black bass. Norway Lake is also counted in the same 
number. White perch at Wayne Pond, at the town 
of the same name, are reported to be biting unusually 
well this summer. Camping parties are in order there. 
A party of Lewiston young men have been in camp there 
this summer for several weeks. They were Carl White, 
Carl Fuller, Thomas Pingree and Eddie Wcllman. They 
report a large number of white perch taken, with very 
few pickerel. Camping on the shores of Wayne Pond 
gave them no end of fun, though the weather was hot and 
dry a part of the time. 
Mr. II. B. Hill, of Boston, is at the Birches, Moose- 
lucmaguntic, with his family, where the summer fishing 
is holding out remarkably well. Almost any morning a 
string of trout may be taken on the fly, if one has the 
courage to get up before the sun and early seek the right 
spots. 
Mr. Rodney P. Woodman, of Boston, well known 
as one of the greatest lovers of the angle, has just re- 
turned from his second trip this season to Sebec Lake, 
Me., for landlocked salmon. His luck was again good, 
since he secured a couple of fine salmon with only a few 
fishing days. Extremely wind}' weather came to his lot 
for almost the whole trip, and but for ttie fact that his 
guide had a small steam launch he could scarcely haVe 
been out on the lake at all. Black bass fishing was 
also good, Mr. Woodman taking over thirty during the. 
trip; some of them of very good size. He is delighted 
with Sebec Lake and its surroundings, and .believes 
that it is destined to become a great salmon lake. Each 
year the number taken there increases, while there is a 
good increase in the size of the fish taken. The lake 
has five or six good sized ponds for breeding places and 
feeders; these ponds, the natural hatcheries of salmon. 
Mr. Woodman says that one would be surprised at the 
great number of small salmon to be found in those 
ponds and their outlets. Sebec Lake is nearly thirteen 
miles long and half as wide at some points. 
July 18.' — The salmon anglers are many of them ab- 
sent at their preserves or those of their friends, while 
some are returning and bthers are going. Dr. H. F. 
Hamilton, of Hotel Vendome, and Mr. Haviland, of 
New York, are off for the celebrated Dawson Pool at 
the Restigouche. They will be absent for several weeks. 
Reports of good fishing continue to come from that 
rLer. Mr. John Fottler, Jr., is off for his salmon river, 
the St. John, at Gaspe, Quebec. 
Trout and salmon fishing at the Rangeleys continues 
good for the midst of the heated term. Some good 
catches continue to be reported from the Upper Dam. 
Douglas B. Stewart caught a salmon there last week 
weighing 5lbs. 130Z. Mr. T. B. Stewart also increased 
his record last week with a trout of 4lbs. iooz. Mr. J. C. 
Dougherty is there, as usual, and landed a trout of 
4^1bs. the other day. Special. 
Newfound Lake. 
Bristol, N. H. — The fishing season still holds good 
at this noted lake. Among the catches, George Fow- 
ler took three trout averaging nibs, each, Frank Calley 
a trout weighing islbs., and S. Hentall took in four fish 
one forenoon — two salmon and two trout; another 
morning he captured a trout weighing near islbs. A 
salmon of iolbs. was caught by a young man who had 
never fished at any lake; and still others were caught 
that we did not sec. And so it will continue through 
the summer months, as fish can be taken during July 
and August by using plenty of line and lead. 
The fish commissioners last fall at this lake took 
from adult salmon and trout about 1,000,000 eggs. Last 
May their able superintendent, Rendall Sleeper, returned 
to this lake 280.000 salmon fry and 700,000 trout fry; 
strong, vigorous, young fish. So the lake is kept re- 
stocked every year. Fishermen are invited to stop and 
try their skill. A good hotel is needed here at the 
south end of the lake. It would, if properly kept, be a 
paying house; such a site is now on the market. 
. Landlocked Salmon House. 
