480 
FOREST AND STREAM. 
[Nov. 26, 1898. 
necked pheasant; provided, however, that the provisions of this 
section shall not apply to such quail, ruffed grouse, pinnated 
grouse, woodcock, hare, squirrel or pheasant as may be in the 
possession of the person who may have lawfully captured the 
same during such periods as the provisions of this act make 
lawful for such capture, and that such removal shall not take place 
excepting within such periods. Penalty $10 for each bird. 
A large number of the States have passedlaws abso- 
lutely atjd under all circumstances prohibiting the re- 
moval from their borders of all fish and game, and 
sportsmen who go thither cannot bring home with them 
trophies of their vacation^ Your commission does not 
approve of measures which prohibit lawfully secured 
fish and game from being taken wherever^ the owner 
may see fit, nor has your commission any intention of 
interfering with the sale of reed birds and with other 
similar commercial features pertaining to the capture 
of fish and game, and consequently does not suggest 
any such drastic measures as have been adopted by some 
States very close to New Jersey. But your commission 
would very much like to out a stop to the taking of the 
better class of game for the purposes of barter and sale. 
There is not the slightest doubt that the adoption of a 
section like the one above suggested would tend in a 
large measure to put a stop to trapping and other un- 
lawful methods of taking game, for if the pot-hunter and 
poacher cannot market the product of his work he will 
soon cease it. Now it is a well-known fact that railroad 
and express companies are strict in their observance of 
the fish and game laws, and annually stringent instruc- 
tions are sent out to the agents of these corporations re- 
quiring them to observe the laws of the State pertaining 
to the handling of contraband goods, especially fish and 
game. The number of ruffed grouse, quail, squirrel and 
other indigenous game animals in New Jersey is not 
large enough to supply the markets of Philadelphia and 
New York, nor can the most effective protection during 
closed seasons and the most expensive propagation 
keep pace with the demands of those who hunt or fish 
for gain. Your commission has no doubt that if the re- 
moval of game from the State under certain circum- 
stances, such as are indicated in the above section, is 
prohibited, it will aid materially in the preservation of 
such game in this State. 
26. The term "waters of this State" for the purposes of this act 
shall be construed to mean all the fresh waters of this State; pro- 
vided, that all ponds, lakes and waters created by or under the 
exclusive control of individuals or associations, stocked and 
maintained at the expense of such individuals or association's, and 
not runways for migratory fish, shall be considered private waters 
and be exempt from the provisions of this act as far as such in- 
dividuals and the members of sfich associations or persons re- 
ceiving permits from them are concerned. 
The above section is a considerable modification of the 
law at present on the statute books. There is at pres- 
ent on our statute books a law which provides that the- 
wardens shall enforce the provisions pertaining to tres- 
pass, but only to such trespass as is committed by a 
person going on the lands of another for the purpose of 
taking fish. There are several laws relating to trespass 
by gunners, but the wardens are neither required nor 
authorized to enforce these. This anomalous condition 
of affairs has frequently given rise to unpleasant situa- 
tions. The wardens are State officers, and consequently 
it should be, and it is. their duty to enforce the laws as 
far as the general public is concerned. They should 
not be required to look after private interests in which 
the public has no concern. There certainly seems to be 
no reason why they should enforce the laws against 
trespassing anglers and not against trespassing gunners. 
There are in the State of New Jersey a number of pre- 
serves, and these generally combine both woodland and 
water; they are owned either by rich individuals or 
by associations, and the benefits accruing to them are 
only for the owners. This principle seems to have been 
recognized by the Legislature in the passage of the laws 
pertaining to- trespassing gunners, and for the purpose 
of carrying out this very principle your commission has 
omitted from its suggested law the provision requiring 
wardens to enforce the laws pertaining to trespassing 
anglers. If the interests of the State should be divorced 
from private ownership, there seems to be no reason 
why these private owners should not be permitted very 
wide latitude in the management of their property. The 
above section contemplates the giving of such rights by 
permitting owners of preserves to do as they deem best 
as regards ponds under their immediate control, and 
for the maintenance of which they pay. No harm can 
inure to the interests of the public by the passage of such 
a law. The fish planted in these ponds are purchased by 
the private owners; they are cared for without expense 
to the State, and as long as these ponds are not runways 
for migratory fish the supply of fish in which the public 
is interested cannot in any way be diminished or de- 
teriorated. A different state nrevails as to gunning. It 
would be impossible for any individual or association to 
so securely fence in property as to prevent the move- 
ments of birds and other animals, and for this reason it 
is but just that private owners and associations should 
be required to abide by the laws of the State pertaining 
to game. There is little danger that such private owners 
will ever abuse the privilege sought to be granted them 
by the above suggested section; if they do abuse it they 
themselves are the losers, and not the public. Placing 
the private owners in absolute control of ponds in no 
way interferes with proper protection, for every con- 
stable and every member of a regularly incorporated fish 
and game protective association — and nearly all sports- 
men's club are such — have the same powers to prosecute 
possessed by the wardens, and applications for the ap- 
pointment of deputy wardens by owners of large estates 
have always been cheerfully granted by your commis- 
sion. 
In concluding these suggestions and comments, your 
commission desires to express a hope that the former 
will be adopted. We Have had many years' experience 
in the enforcing of the statutes protecting fish and 
game, and we have come into contact almost continually 
with persons interested in these laws. The above sug- 
gestions represent our best judgment in regard to the 
matter, and we feel confident that their adoption will 
give to the State a code of laws which will not be dis- 
turbed for many years. 
The Cuvier Club banquet in fV-Hnn-at' w»e hfld on 
Tuesday of this week, 
The Massachusetts Association* 
Boston, Nov. 18. — Editor Forest and Stream: Mem- 
bers of the Massachusetts Fish and Game Protective As- 
sociation got together at Copley Square Hotel last Wed- 
nesday afternoon, for the first time since the long vaca- 
tion. There was a good attendance, although many of 
the members are still scattered at various points — some 
on the Cape, where they have been having excellent 
sport with the birds, while others are in the down East 
woods after bigger game. Representatives from other 
kindred organizations were present by invitation to con- 
sult upon the best means to be taken to further the 
objects of the Association — fish and game protection. 
These gentlemen were Prof. Niles, of the Appalachian! 
Mountain Club; George H. Mackay and C. C> Munn, of 
Springfield; W. B. Phinney and Thomas L. Bunney, of 
Lynn; I. M. Stevenson, of Pittsfield, a member of the 
last legislative committee on fish and game; George H. 
Palmer, of New Bedford; C. N. Raymond, of Rehoboth; 
C. C. Peck, of North Attleboro, and Dr. Spaulding, of 
Hinghatn. Col. Rockwell, the president, was in the 
chair, and the records were looked after by Secretary 
Kimball. 
A very profitable and interesting discussion ensued, 
taking as usual a wide range, including, of course, pro- 
tection as the main object. Mr. Stevenson enlarged 
upon the latter point, referring to the need of more 
stringent laws against poachers; that game was be- 
coming more and more depleted no one would deny, and 
he was fast coming to the belief that the sale of game 
should be prohibited. There was room, he thought, for 
reform in the fish and game commission, which should 
be made up of men who were experts in all matters of 
fish and game. Dr. Spaulding touched upon the very 
important subject of the smelt fishery, which is a great 
source of ^recreation to many in the waters around Bos- 
ton and the islands in the harbor. Much of the illegal 
seining of smelts had been stopped by energetic work. 
Mr, Peck advocated the appointment of paid deputies 
to enforce the laws. While it was agreed on all hands 
that there were opportunities for new laws or amend- 
CATCHINO BASS FOR RESTOCKING. 
ments to old ones, it was the general opinion that 
better results were to be obtained, for the present at 
least, by a more rigid enforcement of the present laws 
than by attempting new legislation- that would arouse 
antagonism now nearly overcome. 
A subscription dinner followed the conference, at which 
speeches were made by several gentlemen, and President 
Rockwell appointed the usual committee to nominate a 
list of officers for the ensuing year. 
William B. Smart.. 
Transporting Fish Alive in Ice. 
The Norman Fish Company, an American concern 
operating at the Lake of the Woods, on the Minnesota 
boundary, has recently been shipping bullheads to St. 
Louis and Buffalo packed in ice: and the same not 
only arrive fresh, but all alive, at- their respective des- 
tinations, provided they are put into cold water and 
thawed out. More than this, Manager Jos. Armstrong 
states that scale fish sent to Buffalo have been known 
to revive if treated in the same manner. 
Now this solves the oft-mooted question, whether 
fish can be winter killed by freezing. It is not the con- 
gelation which kills them off en masse in some waters 
on occasion, but the lack of air simply, as has been 
satisfactorily demonstrated time and again. 
Opening air holes in the frozen surfaces , of ponds 
for breathing spaces for the fishes will save great mor- 
tality in cases where they become hermetically sealed by 
severe cold weather. Black bass are of a species which 
could probably be transported long distances in ice, and 
come out alive, and it seems only necessary to prove 
by experimental tests that this can be done 1 to make 
the winter season an advantageous period for stocking 
depleted and barren waters from hatching houses. It 
vyould be incomparably less expensive than using special 
fish cars, with their attendants, for aeration and other 
care. Charles Hallock. 
Fishing in a Maine Harbor* 
About twenty miles this side of Eastport there is the 
little fishing hamlet of Cutler, on the Maine shore, which 
was cool and pleasant all through the past heated season. 
A land company has built a commodious inn, where 
good meals, restful beds and general comfort may be 
enjoyed for about one-half Bar Harbor rates. The 
harbor, about a mile long, is very safe, and fishing may 
be enjoyed there in weather when it is too stormy to ven- 
ture upon the ocean for the larger cod, haddock, pol- 
lock' and halibut. In the harbor the smaller cod and 
pollock afford good sport with light tackle, and alb. 
flounders may. be easily secured for the frying pan. The 
red perch is perhaps the handsomest fish falling to the 
rod, and like all his family is a free 'fighter. 
Within two miles of the hotel are trout brooks, so that 
small trout may be secured in sufficient quantity to 
vary the fishing. 
Deer and other game are said to be abundant in their 
season; about 150 deer being recorded as having been 
shot in 1897. An all-water route from New York, via 
Boston or Portland, is not the least enjoyable of Cutler's 
attractions. W. H. R. 
New Jersey Coast Fishing. 
Asbury Park, N. J,, Nov. 19.— Will the movements 
of our coast fishes ever be understood, or the influences 
which impel the never-ending vagaries? Since August 
all varieties have been most erratic, and save for an oc- 
casional run have been phenomenally scarce. Never 
were prospects brighter than during the early and mid- 
dle summer months. Kingfish, bass and weakfish came 
in early, and in. abundance, took the hook freely, and 
were fine in size and condition; but conditions sud- 
denly changed and remained unfavorable during the rest 
of the season. This applies to surf fishing. In the rivers 
and bays the supply was fairly abundant at all points; 
even the plaice, usually so very abundant during Septem- 
ber and October, have been absent. This is accounted 
for in a measure by the absence of the sand eel or sand 
laut, which usually swarms in the open sea during the 
fall months. 
Cod are coming in now. and a few specimens have been 
taken from the piers during the past week. Ling are 
abundant and are taken every night. The whiting, or as 
they are commonly called, frost fish, have not yet put in 
appearance, but are being sought every night. They are 
a sprightly fish on the rod. and when of good size put uo 
a good stiff argument. While there ii; an abundance of 
bass in the surf, they will not take the hook, and surf 
fishing can fairly be said to be at an end. 
Leonard Hulit. 
New Jersey Fish Stocking. 
In his report of recent operations, Fish and Game Pro- 
rector Charles A. Shriner says of the restocking work: 
"An attempt during the first part of October to bring 
an adult live fish from Lake Erie resulted in failure, the 
first failure which has attended a number of similar at- 
tempts on the part of experienced wardens designated 
for that work. Arrangements had been made with fish- 
ermen on Lake Erie to save in ponds such varieties of 
fish as might be wanted here; although the fishermen 
succeeded in keeping the fish during an exceedingly 
warm period of weather, all the fish were killed in one 
night, when there was a severe thunderstorm. When 
the wardens reached the lake not a fish was to be had, 
and severe storms prevented netting tor some days. 
When fir^ally a lot of fish was secured a rise in the 
temperature prevented them from being removed to New 
Jersey. A delay was determined upon, and at the date of 
this report the wardens at Lake Erie report good promise 
of success. The trout purchased have been nearly all 
distributed, and that with a fair degree of success. De- 
lays in making connections with trains caused a small 
percentage of loss, although on several days 10,000 each 
svere distributed to all parts of the State without the loss 
of a single fish. Every application, with a few execu- 
tions, has been filled, and I trust within a very few days 
to satisfy the few remaining applicants." 
The Vermont Fish Commission Appropriation. 
Sheldon. Vt, Nov. 18. — Editor Forest and Stream: 
"'Penny wise and pound foolish" is the mildest term to 
be used when mentioning the stupid work of our legisla- 
tors in 'cutting down the beggarly $5,500 fish hatchery 
appropriation to a worse than beggarly sum of $3,500. 
This is Dogberries in office with a vengeance. 
Any intelligent person well knows that with the waters 
that Vermont possesses $25,000 should be the minimum 
amount appropriated to give good results in stocking, 
which, if done properly, would bring into the State a 
yearly return of- twenty times that amount. 
We have some notably well-informed men in our 
Legislature, but they are overruled by the great majority 
who are of a class dubbed cent pinchers. It would be a 
thousand times better for the progressive interests of 
our State if we had woman's suffrage, then these noodles 
would remain at home, and we would have better law 
makers in the persons of their wives, daughters, sisters, 
female cousins, or their aunts. Stanstead. 
The Ohio Centennial. 
Toledo, O., Nov. 16. — Editor Forest and Stream: 
Doubtless you are aware that Ohio is to celebrate her 
one hundredth anniversary at Toledo in 1903, or possibly 
in 1902, but perhaps you do not know that in the re- 
cent organization of the local centennial commission, Mr. 
John E. Gunckel, of this city, the secretary of the Amer- 
ican Fisheries Society, has been elected its president. 
Mr. Gunckel has expressed himself as desirous of making 
prominent features at the coming centennial of a par- 
liament of religions, and an extensive exposition of fish 
and fishing. What a railroad passenger agent can 
know about either of these subjects is something of a 
puzzle to those who are best acquainted with him, but his 
Toledo friends stand ready to coach him in both, includ- 
ing Jay Beebe. 
Mr. Plant's Tarpon. 
We have received from Mr. J. J. Farnsworth, Eastern 
Passenger Agent of the Plant System, a taking colored 
print of Mr. Henry B. Plant's tarpon. The fish was 
caught at Fort Myers, Fla., in April of 1897, and the 
artist has pictured the big fellow as he leaps clear of the 
water. 
Catching Bass for Restocking. 
Mr,. David H. Hogg sends us the accompanying 
photograph, in illustration of catching bass in Lake 
Nipissing, Canada, under warrant from the Ontario 
Government to stock a lake at Huntsville, OnL 
Mr. A. N. Cheney asks us to say that illness and ab- 
sence from home have prevented him from giving atten- 
tion to a number, of correspondents, whose letters be has 
been compelled to defer replying to. 
