408 
they _ pleased, and '-were kindly received by the fai niers. 
All is cliiiiiged viuw. I'he iiian vvith a, gun is looked 
upon with about as much fear as a highway robber,, and 
well he might be. 
At first the farmers had little to complain of at the 
hands of the hunters. Sometimes a careless man would 
fail to replace the bars of the pasture after passing- 
through, and the cows would wander off, or perhaps 
in his unthoughtful moments he would pull down a 
stone wall m his endeavor to dig out a rabbit. Occa- 
sionally some Wild youth having become disgusted at 
his success as a marksman with a partridge as a flying 
mark, would send a charge of shot into a barnyard biddy. 
These little misdemeanors h-avc nettled the farmer until 
he has declared that he would allow no one to hunt on 
hi.*; land without a permit, and as a result the number 
of posted farms has increased rapidly and the hunter who 
has behaved himself finds many of his favorite haunts 
closed to him forever. 
Having stopped hunting on their land, the fai^mers 
thought that their troubles would cease, but now a new 
element of danger has asserted itself. JVfen with guns 
walk along the highway, and for want of something bet- 
ter to shoot at fire into the herd of cows. At Limerock 
during the past week a young bull was killed in one pas- 
ture and a cow was so severely shot that it died from 
the wounds after suft'ering several days. In Attleboro, 
just over the Pawtucket line, another cow was shot 
while standing in the dooryard. With their property 
thus destroyed, one can hardly expect the farmers to 
welcome them to hunt on their property. They are not 
safe, it seems, on their own land, for in several instances 
three or four men, armed with guns, have driven into a 
yard and loaded vegetables and fruit into their wagons. 
In Lincoln these depredations have been so flagrant 
that the farmers are to petition the Town Council for 
px"Otection. 
It would seem that there are so many men at large with 
guns, and that so much damage has been caused, that 
the suggestion offered by Senator Freeman, of Central 
Falls, at a hearing before the Legislature last year in 
regard to the game laws, that every man who carries 
a gun should be required to take out a license, would 
have to be adopted. Such a license is now required in 
several States, but in these States the money received is 
devoted to replenishing the game supply. In this State 
it would have to be adopetd for the protection of the 
fanners, and they need protection when such acts of 
vandalism are committed as have been done during the 
past week. The law-abiding sportsman must suffer 
for the wrongdoings of the irresponsible handlers of 
guns. 
The first arrest in years under the law that prohibits 
hunting with ferrets was made last week, and the rnan 
caught was fined for having a ferret in his possession, 
there being no direct evidence that he had hunted with 
it. The rigid enforcement of the game laws under the 
new system will meet with the hearty approval of all 
sportsmen, and it should meet with liberal contributions 
for the promoting of this work. The State makes no 
appropriation therefor, and what work is done must be 
paid for by private subscriptions. W. H. M. 
East Rockaway, L, L, Nov. 13.— The pot-hunters have 
been more numerous and aggressive this year than ever 
before. There is little or no game to furnish an excuse 
for roaming over the fields, but they have actually come 
out from the city in droves. Men husking corn in fields 
have been peppered with bird shot and cattle have been 
stampeded. Ducks, chickens and pigeons have suffered 
severely. In many cases flocks of pigeons kept by farm- 
ers have been nearly all killed. There should be a pro- 
vision in the game laws providing a heavy penalty for the 
willful shooting of domestic animals and fowls. 
In Rangeley Deer Woods.^ ^ 
Richardson Lakes, Me., Nov, 4.— The season is now 
becoming wintry, with slight snow flurries and strong gales 
from the northwest. The lakes are very low, owing to 
the absence of heavy rains and the drawing off of large 
quantities of water for the Androscoggin River to supply 
the manufacturing mills at Lewiston. But an abundance 
of water still remains for the latter purpose, and probably 
not half of the available water has been drawn off from 
the Rangeley waters, owing to the admirable system of 
catchment dams which have been constructed. The aver- 
age drawing down from the high water levels may be 
computed at 8 or 9 feet, with a possibility probably of an 
ability to draw nearly as much more in case of neces- 
sity. ■ . 
The open season for deer killing has now been on since 
Oct. I, although a large number of deer have not been 
obtained in this locality, despite quite a sprinkhng of 
hunters. In September we had five special licenses, at 
$6 each, and obtained but two deer. Since Oct. i— the 
open season— our number of hunters has been three, and 
we have killed but one deer. 
About two weeks ago we observed an animal swimmmg 
in the water about a quarter of a mile from shore. Man- 
ning a boat, we soon overtook it and found it was a year- 
ling doe, which, after some exciting work, as the deer 
was very active, we succeeded in capturing alive, and 
brouhgt it ashore. We confined it in an inclosure and 
supplied it with boughs to browse upon, and some boiled 
potatoes and oats, which it fed from during tile first night, 
and fed regularly until yesterday, when we let it go back 
to the woods. It was very shy at first, but rapidly be- 
came tame, and when we let it go it seeemed loath to 
leave its pen, coipmencing to feed near as soon as lib- 
erated, and allowed us to approach quite near, but grad- 
ually worked its way into the forest and finally disap- 
peared from view. 
One of our party had a curious experience two or three 
years ago in this locality. He shot at a buck a consid- 
erable distance away, and observed it to fall, and when 
approaching discovered that in falling the buck had im- 
bedded its horns in the ground and at the same time had 
thrust the front part of its head beneath a shelving rock, 
from which it was impossible to withdraw it, although 
the buck was not fatally wounded, having been struck in 
the shoulder, where the bullet remained, without passing 
through or breaking the bones. The struggles of, the 
deer to disentangle himself were immense, but without 
POOREST ANC) 
avail, and' his throat was cut after some difficulty. The 
deet'.s bead wa& so lirmly fastened beneath the rock and 
so held by its horns", lliat after its death it was so dilhoult 
to remove it that it could only be accomplished by dig- 
ging out the horns. That the deer could never h^ve lib- 
erated itself was quite apparent. 
Several years ago, in January, while coming up the 
lake on the ice to camp, we observed something on the 
ice about a mile ahead, which we tliought might be a 
broken boughs, as they often blow out on the ice when 
it is clear. As we came nearer we observed it had some 
movement, and upon a near approach we discerned it to 
be a large buck, stranded by his inability to stand on the 
slippery ice. He made desperate efforts to get on his 
feet as we came nearer, but the moment he got up his 
legs would divide and down he would go. How he got 
out so far. at least half a mile from shore, was a puzzle, 
and indicated the great tussle he must have had. 
He probably had stepped out at first from the woods 
on some snow ice, and made a little progress on the lake, 
when his footing gave way; and in his misguided, strug- 
gling efforts he had worked away from shore instead of 
toward it. He was pretty thoroughly exhausted, although 
belligerent toward us still, His efforts to get up were 
incessant, but his legs would divide in a moment, which 
must have been very unpleasant to him. We concluded 
to give him a new start in life, so throwing a halter over 
his horns, we dragged him over the ice with our young 
and well shod nag to the shore, and then by hand and 
other efforts some 20 feet inland. Even then he, seemed 
unable to get on his fet, so wounded in sinews he must 
have been from his battle on the slippery ice. We held on, 
however, until he got on his legs, and saw him well off 
on his tottering limbs, although his progress was slow 
and undoubtedly agonizing. 
While I have killed many more than a score of deer 
in this locality, I find that their shooting is attended with 
a great deal of exercise. I may not be a very good 
hunter, but I find that I have to travel altogether more 
than a hundred miles for every deer that I get. 
it seems that I am likely to get a deer about every time 
I go out, but I do not, nor one in a dozen times. 
But the interest is unflagging. The pleasure of being 
out in the forest coinpen sates for all exertions, and exer- 
tion is a pleasure. The forest, never tame, is always ex- 
hilarating, and leads on with its varied attractions. With 
a good compass and a tolerable knowledge of the locali- 
ties about, it is a supreme satisfaction to be alone for 
a while and to be lured on by a charm which is inde- 
scribable to those who have not experienced it. 
The object which fascinates the mind is before you, no 
matter whether you accomplish it or not. It may prove 
aimless as your rifle with good opportunity, but little 
does it count, for expectation is rampant, and hope lures 
on to the satisfaction of wholesome fatigue. 
J. P. w. 
CHICAGO <\ND THE WEST. 
Illiaois Law Sustained. 
Chicago, 111., Nov, 10. — The Illinois non-resident license 
clause has been sustained, or, more accurately speaking, 
partially sustained in the issue joined in the matter of the 
writ of habeas corpus asked by Frank Eberle, of Burling- 
ton, la., in the United States Circuit Court, Judge C. C. 
Kohlsaat presiding. Judge Kohlsaat to-day denied the 
writ and Eberle was remanded. 
Frank Eberle, as earlier stated, is a resident of Burling- 
ton, la., and a member of the Crystal Lake Club of that 
city, whose grounds are located in Henderson county, 111. 
Members of this club have held that, since they are tax- 
payers in this State, they are not amenable to the non- 
resident license clause of the Illinois game laws. Mr. 
Eberle oft'ered himself as a sacrifice for the good of the 
cause, and taking himself over to the club grounds, pro- 
ceeded to hunt without a license, was arrested, and on 
refusing to pay his fine was sent to jail. Sheriff J. P. 
Morrey, against whom the writ of habeas corpus was 
directed, came with Eberle to Chicago, and they return to 
Henderson county, enjoying those same intimate personal 
relations which have existed for some weeks between 
them. Mr. Eberle seems to have put his finger into the 
mill to see whether it is working or not, and at this writing 
it would seem that it is. 
This is probably but the skirmish of the legal battle 
which will follow, and the case will not be dropped until 
it has been taken to the Court of Appeals, and perhaps to 
the Supreme Court of the United States. The decision 
of Judge Kohlsaat, which was handed in to-day, does not 
specifically pass upon the question as to the application of 
this statute to non-residents who pay taxes in this State, 
it appearing to his mind that the petition as written does 
not bring up that -question. The full text of the decision 
is given below : 
In the U. S. Circuit Court, Northern District of Illinois, 
Northern Division. 
In re Eberle. 25,348. Kohlsaat, J. 
This matter comes before me upon the petition of Frank 
Eberle for release upon habeas corpus from the custody of 
the Sheriff of Henderson county. 111., This petition shows 
the following facts : 
Petitioner is a citizen of the State of Iowa, and re- 
sides therein. He is a member of and stockholder in the 
Crystal Lake Club, an Illinois corporation authorized to 
acquire and own real estate in Illinois, and to use the same 
as a game and fish preserve; the charter of which corpora- 
tion grants to the members thereof the .sole right and 
authority to hunt and fish upon the lands owned by it. 
Subsequent to the incorporation of the club, the Legisla- 
ture of this State passed a law regulating the manner and 
seasons in which hunting and fishing should be preserved 
in this State, in which the privileges of residents of this 
State were distinguished from those of non-residents, in 
that the latter were required to pay a license fee of $10, 
which license fee was not required of residents. Petitioner 
was hunting upon land belonging to the club during the 
season when residents were permitted to hunt, when he 
was arrested upon a criminal capias^ upon the charge pf 
being a non-resident and hunting without a license. At 
the trial he was adjudged guilty of the said violation of the 
statute and was sentenced to pay a fine of $25 and costs 
and to stand committed until the same was paid. He is 
HOW in custody in pursuance of said setitence and judg- 
fuent 
Petitioner aliegeb thai he was hunting upon land be 
longing to himself and the other members of said club 
jointly; that the portion of the statute under which he 
was found guilty and sentenced is illegal and void, as 
being in contravention of the Constitution of the United 
States, and especially of Section 2 of Article 4 of the 
Federal Constitution, which provides that "the citizens 
of each State shall be entitled to all the privileges and 
immunities of the several States" ; and Section i of the 
fourteenth amendment to said Constitution, which pro- 
vides that "no State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of 
the United States, nor shall any State deprive any person 
of life, liberty or property without the process of law, nor 
deny to any person within its jurisdiction the equal pro- 
tection of the laws." 
The decision of this matter depends upon the nature 
or status, under our laws, of animals feres naturce, and the 
rights which individuals, whether citizens and residents, 
or non-residents, may have therein or thereto. 
In the case of Geer vs. Connecticut, 161 U..S., 519, this 
matter is quite elaborately treated, and the right of a 
State to regulate and control the manner in which wild 
game may be appropriated by individuals is sustained upon 
two grounds; i.st: the sovereign ownership of animals 
fer(B naturce by the State in trust for the benefit of its 
citizens; and 2d: the police power of the State which 
flows from its duty to preserve for its people a valuable 
. food supply. In this case is cited with approval the case 
of Magner vs. The People, 97 III, 320, which is the lead- 
ing Illinois case upon the question. In the latter case 
it is held without qualification that there are no individual 
property rights in zviid animals Avithin the State ; that "to 
hunt and kill game is a boon or privilege granted, eii:her 
expressly or impliedly, by the sovereign authority — not a 
right inhering in each individual; and consequently 
nothing is taken away from the individual when he is 
denied the privilege at stated seasons of huntng and kill- 
ing game * * * the ownership of the sovereign 
authority is in trust for all the people of the State, and 
hence, by implication, it is the duty of the Legislature to 
enact such laws as will best preserve the subject of the 
trust, and secure its beneficial use in the future, to the 
people of the State. But in any case, the question of in- 
dividua\l enjoyment is- qf public polvpy^ and mt off 
private right." 
In the case of People, etc., vs. Bridges, 142 III., 43, it 
is said, "We think the rule will not be questioned that a 
general statute regulating the killing of game, or restrict- 
ing the right to kill it to certain portions of the year, applies 
as well to the game which a particular land owner rnay 
chance to find on his own premises, as to that which 
may be found on the land of others, or upon lands be- 
longing to the public." 
But petitioner says he is not challenging this right of 
the State. That admitting that the State has this power, 
yet he as a land owner can not be placed upon a different 
footing with respect to hunting game upon his own 
premises, from other land owners, simply on the ground 
that they are residents and he is a non-resident; and 
that the attempt to thus discriminate against him deprives 
him of an equal protection of the laws of this State. 
I find that the petitioner has not brought himself within 
the rule he seeks to invoke. In his petition he states that 
■ he is a member of and stockholder in an Illinois corpora- 
tion, which corporation is the owner of the land on which 
he was hunting at the time it is alleged he violated the 
statute. Without, therefore, determining whether a non- 
resident land owner would be relieved from the provision 
of the statute in question, when shooting wild game upon 
his own premises, I deny the petition on the ground that 
the allegations thereof do not entitle petitioner to the 
relief prayed. 
The above decision, while not claiming to settle once 
and for all the question of the constitutionality of our 
non-resident license clause, offers some most interesting 
reading, more especially in reference to the Geer case and 
the Magner case, where there are laid down some prin- 
ciples of game protection which ought to be common 
knowledge to every citizen of this country. I have taken 
the liberty of underscoring a few of the sentences which 
appear to be most in point, and on referring to them I am 
surprised to see how closely this doctrine coincides with 
that independently discovered and laid down in this in- 
formal conversation by Hon. C. F. Cochran, of St. 
Joseph, Mo., whose little argument with Mr. Bishop, of 
Ludington, Mich., during the Congressional trip into 
Minnesota last month, I reported crudely in these columns 
at that time. If we could only get all American and non- 
American shooters to read and remember such principles 
as these, the task of game protection would be far less 
The old American idea is that the individual owns all the 
game he can kill, wherever he can kill it, and that he can 
do with this game just as he pleases. If some of these in- 
dividuals would listen to such men as Judge Kohlsaat and 
Mr. Cochran they would do so to their own advantage. 
The idea that the State owns the game and may control 
it is the one vital, essential and fundametnal principU- 
upon which all our modern game legislation must be built. 
Year by year the decisions in support of this doctrine be- 
come more numerous and more strong. Let us hope thai 
the Court of Appeals and the Supreme Court of the United 
States will reiterate so clearly this same doctrine that we 
shall come to hear less and less in Illinois and elsewhere 
the weak and egotistical claims of the individuals who at 
heart do not want to pay any hcense, who do not want to 
have any close seasons, who do not want any restrictions 
whatever upon their own selfish intentions of going out 
and killing all the game they can wherever and whenever 
they can, and at the least possible expense to themselves. 
When we meet in society, at the club, in the home, in the 
field, when we meet anywhere and in any capacity the man 
who is selfish and who wants it all for himself, we reseni 
his selfishness and we riebuke his personality. The man 
who does not believe in game l^ws is such a selfish person, 
and in time he shall have his rebuke. The shooting 
license idea sits hard on all of us, but it ought to sit on all 
alike, and whether we like it or not it is clearly within the 
province of the State to impose this upon us for the good 
of all. The State of Connecticut for the East, and the 
State of IlUnois for the West, have given the two strongest 
renunciations of that doctrine, and the thing to do is for 
