B92 
FOREST AND STREAM 
[Nov. 12, 1898. 
New Jersey Legislation. 
F rom advance sheets of the report of the New Jersey 
Fish and Game Commission, we take the following para- 
graphs discussing the provisions of the game law as 
tWv- now -stand-- -and as- the commissioners -suggest they 
might advantageously be changed. The text of the 
quoted - : sections is here ' summarized : 
The principal objections to the present laws are that 
the seasons are altogether too long, that in some cases 
game may not be killed when it is in the best condition 
for the table, that some kinds of fish and game recently 
introduced into this State are not protected at all, and 
that in many instances the penalties are out of proportion 
to the offenses. Your commission has on several oc- 
casions suggested amendments, doing away in a great 
measure at least with these objectionable features, but 
no heed has been paid to these suggestions. Unfortu- 
nately the general public holds the commissioners re- 
sponsible for the laws on our statute books, when it is 
too frequently the case that these laws are the result of 
local influences, and that broader views and the applica- 
tion of restrictive measures to the whole State should 
have prevented their enactment. We therefore desire to 
reiterate the opinion expressed in our preceding annual 
reports that the seasons for the taking of fish and game 
should be uniform, as nearly as such uniformity is pos- 
sible, and in order that no mistakes may arise as to 
what the suggestions of your commissioners are. we 
herewith submit such measures as would in our opinion 
give the State of New Jersey a code of fish and game 
laws which will be reasonable, affording at the same 
time protection to our fauna without too much restrict- 
ing the liberty of the hunter and angler or infringing 
on the rights of the owner of the soil. 
Peralties too Severe. 
When the present fish and game laws were enacted 
there was no adequate provision for their enforcement. 
On this account probably the Legislature placed severe 
penalties on the offender, endeavoring to make up in 
severity of punishment the laxness of enforcement. A 
person" contemplating a violation of the fish and game 
laws knew that the penalties imposed were severe, but 
he also knew that there was little chance of his being 
arrested and punished. Since the date when severe 
penalties were visited upon the few violators who were 
so unfortunate as to be detected, a material change has 
taken place. The Legislature has provided efficient 
machinery for the enforcement of the laws, and where 
formerly convictions were few they have become nur 
nierous. The effect of the vigilance of the wardens has 
been apparent everywhere, not only in the increased 
number of. native birds, but also in the multiplication of 
several species of fauna which had threatened to be- 
come extinct. But with increased activity on the part 
of those entrusted with the enforcement of the laws 
there has been no reduction of the penalties imposed. 
It is our opinion that a reduction of the penalties by 
about one-half would be proper at the present time, and 
that -such a step would not militate against an enforce- 
ment of the laws, nor remove from our fish and game 
that protection which their welfare demands. 
Uniform Seasons. 
The principal difficulty in the way of a uniform season 
for game is the extreme length of New Jersey when 
compared, to its breadth, making the seasons in the 
southern part either two weeks earlier or two weeks 
later than in the northern part. The experiment oE 
having different seasons for different parts of the State 
has been tried in New Jersey, and here as well as else- 
where it has proven unsatisfactory. A two-section law 
might meet with approval in the extreme southern and 
the extreme northern part of the State, but it would meet 
with severe opposition in the large territory lying be- 
tween the two extremities. The difficulty can, however, 
be readily overcome by opening the season a few days 
later and closing it a few days earlier than might be 
indicated if only the demands of the separate localities 
were considered. A few days more or less will make 
little difference, and there will always be the consolation 
that there will be so much more fish and game the fol- 
lowing year. 
Introduced Species. 
That New Jersey has taken the lead in the protection 
and propagation of fish and game has been frequently 
conceded in other States, and methods first adopted here 
have often been copied elsewhere. There is, however, 
one direction in which New Jersey has been extremely 
lax. Thousands of 'adult fish have been brought lo ' 
New Jersey waters from the Great Lakes, and thousands 
of birds have been brought hither from other States. 
In many cases these importations meant introductions 
of new and valuable species, and it is but just to remark 
here that in all cases the greatest care was exercised not 
to try experiments, but to introduce only such birds and 
fish as abundant experience: elsewhere had shown to be 
well fitted for this State. Although annually a large 
part of the appropriation placed at the disposal of the 
commission has been expended in the acquisition of ad- 
ditions to our indigenous fauna, nothing has been done 
in the way of legislation to afford proper protection to 
the strangers and to secure for them an opportunity to 
increase. If the birds and fish were worth introducing, 
and of this there can be no question, they are worthy of 
protection. 
Proposed Amendments. 
Sec. 1. Forbidden to take any game except by use of shoulder 
gun, and in the open seasons prescribed by the law. Penalty $20. 
The proposed section differs from the present law by 
reducing the penalty from fifty dollars to twenty dollars. 
It also' excludes from protection the English pheas- 
ant. This bird does not exist in N'ew Jersey excepting 
in a few, private preserves, the owners of which have 
taken their own precautions against the destruction of 
the birds; it gives such owners the right to do as they 
like with birds which are their personal property. The 
ring-necked pheasant, which has been introduced in 
various parts of the State,. is protected. _ 
The same protection accorded to our indigenous birds 
ib also extended to the pinnated grouse,, a few of which 
were introduced into this State two years ago. It was 
the intention of your commission to secure more of 
these birds, for there seems to be no reason to doubt 
that they would do well in parts of New Jersey where 
they were numerous before the lax enforcement of the 
laws caused their annihilation, but the person to whom, 
the contract for supplying the birds was awarded failed 
to carry it out; it is hoped that better success will at- 
tend this project in the near future. 
; 2 Proposed open season for deer, Oct. 25 to Nov. 5. (Owners 
of deer preserves to take their deer whenever they may see fit.) 
Penalty $20. 
Scarcity is ,the forerunner to extermination, and this 
is particularly true as to deer in this State. The num- 
ber killed annually is decreasing, while the number of 
hunters is larger. If the few remaining deer were left 
to multiply there is little doubt that in the course of a 
few years their progeny would be counted by the hun- 
dreds. Your commission has several times received ap- 
plications for replenishing the present stock of deer, but 
did not deem it advisable to take any favorable action; 
deer which can be bought in the market are generally 
more or less domesticated, and their liberation m a 
countrv open to gunners would quickly result in their 
slaughter: but if these deer could be protected their 
progeny would be as wild as the indigenous deer. 
Preserves containing deer are very few in New Jersey, 
but in such cases the deer have become private property 
and consequently have been removed from the class of 
animals generally protected by legislation; it is for this 
reason that it was deemed best to insert a clause, provid- 
ing that the law should not apply to deer preserves at 
present established. , . . 
Nor does your commission deem it advisable in tnis 
particular instance to suggest a reduction of the statutory 
penalty men who hunt deer unlawfully almost invariably 
do so for gain, and consequently the penalty of an in- 
fraction of the law should be such that the violator can- 
not pay the penalty and still have a profit left in conse- 
quence of his offense. 
3. Proposed open season for rufred grouse, pinnated grouse 
woodcock. grav. black or fox squirrel Oct. Id to Jan. 1. yuan 
and hare, Nov. 10 to Jan 1. Penalty $10. 
The law at present permits the killing of woodcock in_ 
July which is objectionable, not so much on account of 
the" number of woodcock killed as because it affords the 
violator of the law a pretense to be in the woods with a 
gun. Under our present statute shooting for some kind 
of game is permitted from July 1 to Jan. 1, and un- 
fortunately there are too many persons who are apt to 
shoot at anything affording a living target, no matter 
what particular kind of game they may have ostensibly 
started out after. Closing the month of July to wood- 
cock shooting would mean the preservation not only of 
woodcock, but of other birds. . 
The open season for game above suggested is a com- 
promise between the demands of the extreme northern 
and. extreme southern sections of the State. From the 
ist of November to the 15th of January would suit 
the people of Cape May, Cumberland, Salem. Atlantic 
and Gloucester; in Sussex. Passaic. Bergen, Morris and 
Warren an open season from Oct. 1 to Dec. 15 would be 
preferred, but it is believed that the dates suggested above 
Avould meet with general approval in the between-lying 
territory, and would meet with little opposition from 
the two extremes. 
The penalty provided by the present statute is twenty 
dollars for every animal killed or had 111 possession. 
4. Proposed open seasons for gray snipe (sometimes called 
English or Wilson snipe). March 15 to May and Aug. J- [ < 
[an 1, Rail bird, reed bird, or marsh hen, -Atf; 25 to Jatt, I- 
Dove, upland plover, the month of August. Penalty $10. 
The present law prohibits the killing of snipe in 
October, despite the fact that during this month the 
birds are in better condition than during the preceding 
month. , . .. , 
The change in the date of killing reed birds, rail birds 
and marsh hens is made to conform to the special law 
passed in relation to these birds last year. 
5 Proposed open season for ring-necked pheasant. Oct. 15 to 
Dec 15, but the birds to be protected for two years from date. 
Penalty $20. 
Your commission during the past two years has ex- 
pended considerable sums of money in the introduction 
of these birds into this State. It is apparent that the 
ruffed grouse is disappearing, despite all attempts to pro- 
tect it. and the ring-necked pheasant offers the on v 
proper substitute. On account of its extremely wild 
nature it has not been practicable to secure the ruffed 
grouse from localities where it is still numerous, but 
This difficulty does not exist in connection with the ring- 
necked pheasant. In a number of places in New Jersey 
where the ring-necked pheasant has been introduced 
by your commission the birds have been taken care 01 
by the owners of the soil, and no gunning has been per- 
mitted. In everv instance of this kind the birds have 
multiplied and have done well, better in fact than m 
their native home, showing conclusively that the climatic 
conditions and the food afforded are suitable to the 
birds. The birds which were put out were bred in con- 
finement, and consequently had acquired more or less 
domestic habits: these, however, readily disappeared 
when the birds had been liberated for some months. 
Unfortunatelv the period of liberation required to secure 
a return to the wild state was not sufficient to prevent 
the killing of the birds under the laws at present pre- 
vailing in this State. The young, where the birds proo- 
agated, were fully as wild and wary as our indigenous 
ruffed grouse. Your commission would therefore 
strongly recommend a close season of two years, feeling 
confident that even in that short period the birds will 
have been afforded an opportunity to become firmly 
established. 
6 The wild birds which may not be killed at any time are 
-pecified as follosvs: Bluebird, biuejay. brown thrasher, cardinal 
bird cedar bird, chat, chewink, chickadee, cowbird. brown creep 
er cuckoo egret, finch, nicker, fly-catcher, yellowbird. grosbeak, 
gull nMithawk, hummingbird, kinglet, martin, meadowlark, indigo 
bird kingbi/d. oriole, oven bird, phcehe bird, pewee. redstart, 
robin shnke, snowbird, sparrow (the English sparrow, however, 
excepted), swallow, swift, tanager. tern, titlark, vireo, warbler, 
thrush whippoorwill. woodpecker (the yellow-bellied woodpecker, 
or sapsucker however, excepted), wren, or yellow-throat. Penalty 
$10.' 
The present law enumerates a number of birds which 
shall not be killed, and then proceeds with a sweeping 
provision prohibiting the killing of all insectivorous 
birds. All birds, with exceedingly few exceptions, are- 
insectivorous, if not at all times, still at some periods of 
their existence. Under the present law it is unlawful 
to kill reed birds and nearly all of the different species 
of shore birds, the latter feeding to a great extent on 
aquatic insects. For the purpose of removing this ob- 
jection, and at the same time preserving the birds which 
are the , most useful, to the agriculturist or most pleas- 
ing on account of their appearance or their music, it 
was thought best to clearly specify what birds should 
not be killed. The above section is not near as sweep- 
ing as the present law. but it is believed that it will be 
productive of better results. 
The penalty under the present law is twenty dollars 
for each bird killed or had in possession. 
Under the present law dealers in game have thirty 
days in which to dispose of their stock of game after 
the close of the season. The law formerly gave the deal- 
ers only ten days, but this was extended to thirty days 
when a material reduction in the periods for killing 
game was in contemplation; with the seasons open as 
long as suggested by this act twenty days would be 
amply sufficient, as it would carry the time far beyond 
the holidays, and we do not anticipate any objection on 
the part of the dealers to this change. 
14. It shall be unlawful to hunt with a hound or hounds, or 
with firearms or weapons of any kind, or to carry a gun in the 
woods or fields, on the Sabbath day, commonly called Sunday, 
under a penalty of $20 for each offense. 
This is the law, with the exception of changing the 
word "dog" to the words "hound or hounds," as it stands 
on our statute books at present. The reason for the 
slight change will be readily apparent to all persons 
who are fond of taking a stroll iii the woods with their 
dogs on Sundays: bird dogs do not destroy or in- 
jure game; hounds do. But beyond this slight amend- 
ment no reason has been adduced to warrant a change. 
The Sunday gunning law is generally violated by persons 
coming to New Jersey from New York or Philadel- 
phia for the purpose of killing anything in hide or 
feathers. These men had become an intolerable nuis- 
ance until their depredations were stopped by drastic 
measures on the part of the wardens, and your commis- 
sion sees no reason why the stringency of the present 
laws should be in any manner relaxed. 
15. Nothing in this act shall be so construed as to prevent 
associations or individuals from bringing into this State any birds 
or other animals for the purpose of propagation, or from keeping 
such animals until a seasonable time for their release. 
In this section the. words "or domestication" have 
been dropped after the word "propagation," it having 
been found that the pretense of domestication was re- 
sorted to often for the purpose of shielding persons 
trapping birds intended for sale in the markets of New 
York and Philadelphia. The law as it stands does not 
prohibit the possession of a robin or other bird or ani- 
mal as pet's, and your commission has never tolerated 
any prosecutions where the purpose was stretching the 
law to cover cases of this nature. 
A Philadelphia correspondent sends us these sugges- 
tions respecting the proposed changes in the New Jersey 
game law: 
The most vital point which occurs to me is in con 
nection with the ending rather than the beginning ol 
the fall shooting season. Tn my judgment, no shoot 
ing or hunting should be permitted in any part of New 
Jersey in the season of the year when snow is to be 
expected. A fall of snow enables the shooter to track 
the game, to see it upon the ground, and in the case 
of quail to destroy an entire covey at a single shot. I 
once went quail shooting in New Jersey on Dec. 25, and 
found that the birds -could readily be seen upon the 
ground, and also that they were so weakened by the 
cold, and perhaps by starvation, that they were- scarcely 
able to fly. It is needless for me to say that I never went 
again after snow had fallen. 
Another essential feature is the beginning of the 
ruffed grouse season. I approach this with diffidence, 
because I fully appreciate the efforts made by the com- 
mission to compromise between the northern and south- 
ern section of the State. Oct. 15 is admittedly too 
early for quail shooting, yet ruffed grouse being then 
in season, the temptation for killing game of all kinds 
is constantly before the shooter. The dogs used 111 
ruffed grouse shooting do not respect the fine distinc- 
tions of the law. and will point illicit quail on Oct. 15 as 
readily as they will the true and lawful ones on Nov. 
10. As a consequence, their master must either become 
a law breaker or call off his dogs. While it is true ther.e 
are to be found a few coveys of undersized quail on 
Nov. 1, yet most of them are full grown and fit for 
shooting at that date. Would it not be a fair com- 
promise, therefore, between the two sections of New 
Jersey to make the season for quail, rabbits and ruffed 
grouse begin, not on Oct. 15, nor upon Nov. 10, but 
as it used to do many years ago, on Nov. 1, and then 
in the interest of game protection end it on Dec. 10 or 
it;, in time to prevent shooting in the snow, 
'in my opinion, the cause of game protection will be 
better served by making the season for ruffed grouse, 
quail and rabbits begin Nov. i, and end on Dec. 10 
or 15, for the following reasons: 
t Because it would obliterate the interval of tempta- 
tion to law breaking between Oct. 15, ruffed grouse 
time, and Nov. 10, quail and rabbit time, and 
2. Because— no one being permitted to hunt with dog 
and gun after snow falls— it would prevent the ruth- 
less destruction of half-frozen birds, tracked" to then- 
hiding places through the snow, 
On page 10 of the report the following statement is 
made: "It is apparent that the ruffed grouse is disap- 
pearing despite all attempts to protect it." Is it pos- 
sible for me to advance a stronger argument than this in 
favor of postponing the season for killing ruffed grouse 
bom Oct. 15 to Nov. 1? . 
Regarding the .ring- necked pheasant, a foreign bird. I 
know nothing, and have nothing to say, but the native 
ruffed grouse, the finest game bird in this country. I 
should like to see so protected as to prevent its becom- 
ing an extinct species. 
