68 
FOREST AND STREAM. 
[Jan. 28, 1899. 
The Evening Session. 
The evening session was well attended and business- 
like. Mr. Frank Rodgers, of Grand Rapids, cut short the 
discussion of game laws by offering the following mo- 
tion: Resolved, That the League recommend to the 
Legislature of this State that the game laws be amended 
so as to correspond to the recommendations of the Inter- 
state League, held in Chicago in February, 1898. And we 
further recommend that no other changes be made in the 
game laws of this State." Mr. Rodgers said that he 
thought this would reconcile and conciliate all parties. 
The resolution was carried with a rush. If Michigan 
shall pass this measure she will certainly have done all 
that can be asked. The text of this bill has been printed 
in Forest and Stream before now. It is the consensus 
of the best thought on these matters by the best men of 
Michigan, Wisconsin, Minnesota and Illinois. 
This left future action to be on the fish laws alone, and 
the rest of the evening was left to the discussion of the 
bill drafted by the committee, which was taken up sec- 
tion by section. The action was somewhat complicated, 
and the matter eliminated from the present statutes very 
extensive indeed. I know of no better way to present 
the meat of this discussion than to give a synopsis of the 
measures recommended, showing the new sections pro- 
posed, and certain of those of the old statutes which are 
thought proper to be retained. This sjmopsis follows 
and may be understood to represent the sense of the 
meeting in the matter of fish laws. The amount of 
useless, senseless and cumbersome local legislation which 
is thus cut out is something enormous. The proposed 
law will be seen to be broad, general and modern, as see 
below : 
Section 1. The People of the State of Michigan enact, That no 
person shall catch or take from any lake, river or stream of this 
State, by any means whatever, any speckled trout, landlodced 
salmon, gravHngr or California troiit, from the first day of Sep- 
tember in each year until the first day of May following there- 
after ; nor shall anv person catch or take any muskallonge, or any 
black, strawberry, green or white bass, by any means whatever, 
except by hook and line, from any such lake, river or stream, fi-om 
the first day of March in each year to the first of July followng 
thereafter. It shall be lawful for the State Board of Fish 
Commissioners to give permits in writing to any person to catch 
or take any such fish at such time and in such manner as they 
shall direct, for the purposes of propagation; hut in case of any 
prosecutions for a violation of any of the provisions of this section, 
such permission must be shown affirmatively by the defendant, (a) 
Sec. 2. No person shall knowingly purchase, buy or sell, or at- 
tempt to purchase, buy or sell, any .of the kinds of fish named in 
the foregoing section during the respective prohibited periods 
above named. ^ , 
Sec. 3. It sliall not be lawful hereafter at any time to kill or 
destrov. or attempt to kill or destroy, any fish in any of the waters 
of the' State of Michigan by the use or aid of dynamite, herculean 
or giant powder, or anv other explosive substance or combination 
of substances, or by the use of Indian cockle or other substance 
or device which has a tendency to stupefy the fish. 
Sec. 4. Prohibits anv device, except hook and line, m any of the 
inland waters of the State, except dip nets may be used for catch- 
ing mullet, grass pike, red sid^s aAd sudcecs in streams not 
■planted by the State. , . . , , 1 
That the use of the spear is allowed during the months of 
October and November, except to the catching of trout, grayling, 
black bass, wall-eyed pike, muskallonge and white bass. (Adopted 
as read and recommended.) 
Sec. 5 makes it unlawful to deposit any saw dust or filth of any 
description in any of the inland waters of the State. (Adopted as 
read.) 
Sec. 6. It shall be unlawful for any person or persons to take, 
ratch or kill, at anv time, any speckled or brook trout, 
German trout, California trout, landlocked salmon, or grayling, 
or any black, strawberry, green or white bass, in any manner 
whatever, except by hook and line, in any waters of this State. 
Sec. 7. It shall be unlawful for any person or persons to kill 
or capture, in any manner whatever, in any of the waters of this 
.State, or to have in possession, any brook trout, speckled trout, 
California trout, landlocked salmon or grayling, of a less size than 
seven inches in length. 
Sec. 8. Hereafter it shall not be lawful for any person or per- 
sons to take or catch, by any means whatsoever, any brook 
trout, gravling or California trout from any stream in which brook 
trout, grayling or California trout are not native, and which may 
have been stocked with such fish by the State Board of Fish Com- 
missioners for the period of three years after the first planting 
of any such fish therein. , , , , 
Sec. 9 prohibits the sale of brook tirout, grayling, and black 
and green bass. (Adopted as recommended.) 
Sec. 10. It shall be unlawful for any person or persons to kill 
or take speckled trout or other fish from any private waters used 
for the propagation of such fish, except by the consent of the 
proprietor of such private waters. It shall be the duty of the pro- 
prietors of any such private waters who are engaged in the propa- 
gation of fish as contemplated by this section to post or cause to 
be posted in a conspicuous manner public notices painted on 
boards in large and plain letters that the owner (naming hi_m) 
is engaged in such business and warning all persons from killing 
or taking any fish in the waters named in such notices. 
Sec. 11. It shall be unlawful, at any time hereafter, to take, 
catch or kill or destroy, or attempt to take, catch or kill or destroy 
any minnows or small fry fish in" any of the waters of this State, 
for other purposes than for fish bait. ■ 
Sec. 12 prohibits fishing within 400ft. of any dam. (Adopted as 
read.) - - , 
Sec. 13. It shall not be lawful for any person or persons to place 
a weir dam, fish weir, weir net or other device, across any race, 
stream, lake or river of this State, in such a manner as to obsU'uct 
the free pasage of fish up and down the same; and any person 
violating this section shall in addition to the penalty provided for 
in Section 14 of this act, be liable to the payment of two dollars 
per day for every dav that he shall continue such violation alter 
having been duly notified by an elector of the township wherein 
such fish weir or weir net may be, feeling himself aggrieved there- 
by, to remove the same, said penalty or penalties to be recovered 
before any court of co'mpetent jurisdiction in the township or 
county where such offense shall have been committed; and in de- 
fault of payment thereof, shall be confined in the county jail 
until such fine and costs shall be paid; but such confinement 
shall not exceed thirty days. , .„ e o \ t.^ 
Sees. 14 and 15. (Concurrent with Interstate bill, Sec. 3.) It 
shall be unlawful, and is prohibited, to take, catch or kill, _ or 
have in possession, or offer for sale, any fish of the following 
varieties of less length than herein specified: Black bass, lOin. ; 
perch 7in. ; white, striped or rock bass, 6in.; catfish, 12in. ; black, 
river or white crappie, 8in.; wall-eyed pike, 12in.; pike or pickerel, 
18in. ; brook trout, California or rainbow trout, or any other variety 
of trout except lake trout, 6in. 
Penalty. 
First Offense— Fined not less than $10 or more than jllOO, or 
imprisonment in the county jail not to e.Kceed ninety days, or 
both. (Adopted as recommended.) ^. , , , »nc ' 
Second or any Subsequent Offense— Fined not less than $^5 nor 
more than $150, or imprisonment in county jail or State prison not 
to exceed one year, or both. (Adopted as recommended.) 
Repealing Clause. 
All acts and parts of acts inconsistent with any of the provisions 
. contained in the foregoing act, except special acts applying to in- 
land lakes in certain counties in this State, are hereby repealed. 
Sec. 15. An act to provide for the erection and maintenance 
of fish ladders in all dams in this State, under the direction of 
State game and fish warden. (Adopted as proposed.) 
Sec. 16. (Local measure not changed.) That it shall not be 
lawful hereafter to take or catch any fish in the lake known as 
Reed's Lake or the lake known as Fisk's Lake, in the township 
of Grand Rapids, in the county of Kent, with the spear or by shoot- 
ing them with any firearms. 
It shall not be lawful to fish in Reed's Lake or Fisk's Lake, or 
dther of them in any manner, or to take and remove any fish there' 
from in any manner, at any time during the months of October, 
Kovember, December, January, February, March and April in any 
year. 
Sec. 17. (Local measure amended.) That it shall not be lawful 
to take or catch, by any means whatsoever, any species of bass 
in Walloon Lake, or Bear Lake, so called, from the fifteenth day 
of April in each year to the twelfth day of July next succeeding. 
Discussion of the Evening, 
Deputy D. G. Henry, of Grand Rapids, thought bass 
should be protected during the spawning season, from 
Jan. I to July i. Mr. .A. R. Avery, of Port Huron, a 
promment lawyer, and a keen thinker, said he thought 
bass did not need aiiy protection from hook and line 
fishmg, but only from spears and set lines. Mr. Nicholls, 
of Lansing, believed in coming out absolutely against all 
-spearing whatever. Mr. Brewster said he was afraid of 
antagonizing the farmers. Mr. Lakey said that spearing 
could not be repealed unless something were traded for 
it. "In Sec. 4 we trade winter months for months where 
there is no ice," he said, "and we think this is a good 
trade." Mr. Coulter, of Charlevoix, thought there were 
too many kid glove laws already, and that Mr. Brewster 
was right. The Nicholls aihendment proposed was lost. 
Spearing will be allowed in the months of November 
and December. 
Mr. Willis, of Bay City, made a strong talk to except 
the Saginaw River from the netting clause. Mr. Willis 
is a warden, but also a fisherman. He said that no very 
great amount of black bass were taken in nets there. 
Mr. Willis offered an amendment exempting his river, but 
it was defeated. 
On pollution of streams, Mr. Willis .said: "VVe will 
have all the big factories to fight." Mr. Brewster said: 
"If the factories are bigger than the State of Michigan, 
let us fight them. New Jersey is sending all its factories 
to Michigan to ruin Michigan streams." Deputy Palmer, 
of Buchanan, showed how the mills at Niles and Water- 
vliet had ruined the streams. Section carried. 
On the matter of length of brook trout, the local act 
again showed its head. Mr. Avery wanted an Sin. limit 
set for the Au Sable River. Mr. Coulter thought a 7in. 
limit would be good for the Jordan River and its tribu- 
taries, this being in his part of the State. Mr. Brewster 
contended against this local legi.slation. A general yin. 
limit was adopted. Mr. Avery said that the books all 
stated that a 6in. trout had spawned once. He was satis- 
fied these books were wrong, and that in Michigan a 
trout must have attained a length of 7 or Sin. before it 
spaAvned. 
Sec. 9, stopping the sale of black bass, is a step toward 
the Platform Plank of Forest and Stream, and it is a 
good one. Minnesota put the ban on marketing black 
bass some time ago. Sec. 12 is Commissioner Nat 
Cohen's pet idea in Illinois, jjrohibiting fis'iing near a 
dam. 
The question of penalty was welf diseu.ssed, this brings 
ing up the question whether it would be best to hv'mg 
fish cases before justices of the peace or the circuit 
courts. Mr. Avery, Mr. Brewster and Mr. Rodgers all 
spoke on this. Penalty was set for first offense $100, 
second offense $125, the latter taking it into the circuit 
cotirt. This action seems wise. 
On the question of fishways. -Mr. Avery said he doubted 
whether a black bass ever ascended a fishwaj'. It was 
pointed out that perhaps the fishway was not well con- 
structed. The recommendation was carried. 
The president of the Grand Rapids Street Car Com- 
pany had sent in a letter asking that the protection of two 
little lakes near Grand Rapids be continued (Reed and 
Fish lakes), so that they be not fished out. This local 
measure passed over adverse comment of Mr. Willis. 
Discussion on the last half of Sec. i. open season on 
bass, was deferred until late in the evening. Mr. Coulter 
was opposed to taking bass in the spawning season. Mr. 
Avery moved to protect bass from Nov. i to July i. 
Warden Carpenter, of Saginaw, said that the date of 
July I could not be enforced, that 3,000 Saginaw fishers 
would break it every Sunday. Mr. Henry moved to 
amend by protecting bass from Jan. i to July i. The 
amendment was carried, but the Avery motion' was lost. 
The old date stands unchanged. 
Add] 
resses. 
Midway in the meeting addresses were called for 'by 
prominent men present. Chairman Anderson, of the 
hou.se committee, said the measures suggested would 
have his hearty support. Mr. Carton said that the League 
men knew more about"* protection than he did, and that 
he would rely upon them. Mr. Gustin said he believed in 
protection, but not too much of it. Mr. Tateum said he 
would endorse any action the League took. Mr. Stanton, 
of Grand Rapids, thought something ought to be done 
to destroy the natural enemies of trouL 
Sizes of Fish. 
The Interstate recommendations on legal limit for dif- 
ferent species of fish were adopted in general, the Michi- 
gan new limits being embodied in the above synopsis. 
This practically ended the fish work of the evening. 
Sweeping License Laws. 
Now caitic some of the most interesting work of the 
entire session, that on the question of shooting licenses. 
The interstate bill was read on this head. Mr. Brewster 
said that this interstate measure could not be passed in 
Michigan. Mr, Gustin said that the license act ought to 
be brought in separately, and not be made a part of the 
bill, else it would jeopardize the whole. Mr. Rodgers, of 
Grand Rapids, said that he liked this license clause, for 
it meant revenue. He thought the League should endorse 
it. Mr. Avery thought that fishing licenses were just as 
legitimate as shooting licenses. Mr. Lakey' s views on a 
general gun license are well known, and he seemed to 
have followers enough. Mr. Rodgers moved that a 
general shooting license be recommended, of $1 for resi- 
dent shooters and $25 for non-resident, this to apply to 
shooting for all kinds of game. Mr. Brewster, seeing 
the inevitable coming, moved to amend by allowing any 
holder of a non-resident deer license to take home witla 
him one deer, owner to accompany same. This amend- 
ment carried, and so also, without much fuss, did the 
motion, which was really the most radical action of the 
meeting, and that most nearly approaching the impossible. 
Conservative public nit-n tell nic thei'c is little chance of 
this becoming a law. Should it do so, it vfill be the last 
step in the strong recent tendency in Western States to- 
ward the license idea, 
Appropriations. 
Mr, Rodgers offered this resolution : "That the sum of 
$2,000 appropriated by the State of Michigan for the pur- 
poses of game protection is wholljr inadequate, and that' 
the Legislature be requested to increase same to a proper 
amount." Mr. Rodgers went on to show the expense and 
difficulty of the work in prosecuting game cases (in which 
vvork, by the way, it may be stated that Mr. Rodgers has 
contributed to the interests of sportsmanship a vast 
amount of his own valuable time, he having traveled far 
and wide and given his services free). Mr. Gustin 
pointed out that the game warden had other funds avail- 
able, and Mr. Brewster explained that the warden had had 
$4,600 added to the sinews of war from out the State 
license funds, outside certain county funds, which had 
also been employed. The State warden had secured $14,- 
000 in fines. The Rodgers motion carried. Deputy Pal- 
mer said he had once secured $400 in fines in Cass county, 
but had only got $28 for his work. 
Election of Officers. 
The following officers were elected for the Michigan 
League for the ensuing year : Mr. A. L. Lakey, of 
Kalamazoo, the present efficient president, was continued 
in office, and as much was done for the hustling secretary, 
Mr. C. E. Brewster, of Grand Rapids. Mr. A. R. Aytry, 
of Port Huron, was chosen Vice-President; Judge S. B. 
Daboll, of St. Johns, Treasurer. The executive commit- 
tee is to be composed of the above officers, with addition 
of Messrs. Frank Rodgers, of Grand Rapids; A. L. Coul- 
ter, of Charlevoix; D. G. Henry, of Grand Rapids. All 
the voting was- done by one ballot of the secretary. 
Messrs. Rodgers, of Grand Rapids; Brewster, of Grand 
Rapids, and Lakey, of Kalamazoo, were elected a commit- 
tee to draft a bill on the lines above proposed. Adjourn- 
ment was had at an hour just this side of midnight. 
One is persuaded after a careful review of this Michi- 
gan work to think that the questions of game and fish 
laws are in very able and practical hands in that State. 
The freedom from freak measures and from the old-time 
sweeping and senseless "We do resolve" is very marked 
and A^ery gratif3'ing. Certainly this splendid sporting 
State is doing all that can be asked of her, and may very 
well be looked up to in the further councils on game 
legislation. She has a fine body of earnest men working 
in these matters, and they are men who know all the 
ropes of actual legislative work, as well as all thej^atest 
theories and facts in progressive protection. It was a~very 
great privilege to be with them, and to witness their care- 
ful methods. A last fact worth comment in this neces- 
sarily crude summary is the fact that Michigan does not 
.-support «. "State sportsmen's association" with a trap 
shoot attachment. It has two general bodies of this 
State scope, one the Trap-Shooters' League and one the 
Protective League, This is as it should be. They are 
getting laws in Michigan. We get trap shoots in Illinois. 
From the Land of the Chtysanlhemtim. 
Chicago, 111., Jan. 14. — Mr. J. O, Averill. of Yokohama. 
Japan, was among the callers at the Forest .^Nn Stream 
office this week. Mr. Averill was formerly a resident of 
New York, but for more than a dozen years has been en- 
gaged in the tea busines in Japan, where he has large 
houses at Yokohama and Kobi, occasionally making visits 
to the United States on business or pleasure. Mr, Aver- 
ill tells me that with many gentlemen of his acquaintance 
at Yokohama the Forest and Stream is the sportsmen's 
authority, quite as it is in this country. Within the last 
few weeks I have had correspondence from British Hon- 
duras, from Quebec and Ontario, Can., from Manitoba. 
.\lberta. British Columbia and .A.laska. None of this, 
however, is in any way so interesting as the talk this_ 
week with Mr. Averill, who is exceptionally good proof 
of the fact that a sportsman is a sportsman wherever you 
put him down. He tells me that there is, indeed, a con- 
siderable amount of sport in the land of the chrysanthe- 
mum, though rather a mixed state of affairs ob'tains 
there. All "foreigners," such as himself, are limited in 
their shooting to a district of twenty-five miles from cer- 
tain treaty ports. This concentrates the shooting so much 
that the game is prelty will killed down in those districts, 
and Mr. Averill does not think there is much future for 
sport with the gun for that reason. The Japanese have 
game laws, but they are rather one-sided aj¥airs. Their 
open season covers the breeding time of certain sorts of 
game, and netting and other destructive forms of taking 
fish and game are allowed. The theory of the Government 
seems to be to hold up the foreigners lor a $10 license, 
but not to interfere with the poor native, who could not 
raise $10 in a hundred years, and who makes some sort 
of living by netting, etc. The non-residents of the better 
class, sticli as the British and American sportsmen, do 
not take advantage of the liberality or the short-sighted- 
ness of the game law. They make a law of sport for 
themselves, and put up their guns before the beginning 
of the breeding season. Any man would be ostracized at 
the clubs who would continue to shoot after the expiration 
time set by this tacit aPTeement. 
From Mr. Averill's story I imagine the snipe and the 
pheasants, with some ducks, to be among the more promi- 
nent game birds sought by sportsmen in Japan. The 
copper pheasants offer good fun in a rough, tangled and 
mountainous country. There are also woodcock, not the 
woodcock of America, but the giant woodcock of Eng- 
land, soft-winged and big like an owl. The paddy fields 
or wet rice grounds are the spots most frequented by the 
jacksnipe, and sometimes these birds give good sport 
even yet. I remember that once I mentioned in Forest 
AND Stream having seen at the Chicago Academy of Sci- 
ences a jacksnipe from South America, a bird apparently 
marked exactly like our English snipe, but nearly twice 
as large, a very giant of a jacksnipe. I do not recall the 
scientific name of this bird at present. I happened to 
mention this fellow to Mr. Averill, and he told me that 
they have this same bird in Japan. Its habits are much 
like those of the jacksnipe, though it is more lubberly 
and slower of wing. Sometimes the shooter kills one of 
these birds under the itnpression that it is a jacksnipe 
