D£c. i6, tSoQ.1 
FOREST AN^ sthi:am. 
49B 
New York League. 
Editor Forest and Stream: 
The New York State Fish, Game and Forest League 
held its annual convention at the Yates Hotel, Syracuse, 
Thursday, Dec. 7. This League is the successor of tlie 
State Association for the Protection of Fish and Game, 
and ts the recognized protective association of the State. 
It is in short a union of the representative hodies of 
sportsmen from different parts of the State, which have 
joined issues in a common cause. There are at present 
twenty-eight different clubs in the League, representing 
more than that number of counties, and an aggregate mem- 
bership well up in the thousands. During its existence 
the League has recommended to the Legislature and se- 
cured the enactment of most of the principal laws for 
the protection of fish and game which are now on the 
statute books. Its work has been well done, and sports- 
men as a rule are well satisfied with the existing game 
laws, if they can be properly enforced. 
The convention this year was not quite so largely at- 
tended as it has been on some occasions, but the principal 
reason assigned for this is the fact that the game laws 
are in such satisfactory shape that the friends of protec- 
tion have few changes to suggest. The attendance, how- 
ever, was good, sufficiently large to indicate that there 
is no loss of interest in the objects for which the League 
exists. The discussions were informal, but earnest and 
pointed, and the proceedings throughout were charac- 
terized by that friendly and fraternal spirit which usually 
prevails in conferences of true sportsmen. The delegates 
all seemed to fully appreciate the fact that their interests 
were identical and a determination to act together for the 
common good was at all times apparent. In brief the con- 
vention was one of the most interesting and harmonious 
in the history of the League. 
The clubs represented by delegates present were as 
follows : 
Anglers' Association, of Onondaga County— Charles H. Mowry, 
Wm. E. Everson, Walter S. MacGregor, Geo. B. Wood, J. E. 
Bierhardt. 
St. Lawrence River Anglers' Association, of Clayton— Wm. H. 
Thompson, A. C. Cornwall, Alexandria Bay. 
Black River Pish and Game Protective Association— W. E. 
Wolcott, Utica; John W. Hicks, Oriskany. 
Canandaigua Fly-Casters' Association— C. B. Lapham, F. G. 
Hulse, Canandaigua. 
Honeoye Falls Fish and Game Association— Aaron Mather, 
Honeoye Falls. 
Honest Fishermen's Club, of Seneca Falls — ^Ernest G. Gould, 
Seneca Falls, 
New York City Fish and Game Protective Association — Robert 
B. Lawrence, Edward Thompson, New York. 
Genesee Valley Fish and Game Protective Association — Thomas 
W. Fraine, Rochester, 
Newark Fishing Club— B. J_. Palmer. 
Spencer Sportsmen's Association, of Lyons — W. S, Gayitt, Henry 
KilHck, Lyons. 
Niagara County Anglers' Association— G. W. W'eaver, W.- J. 
Jackman. 
Fish and Gam.e Protective Association of the Cayuga Laki 
Basin, Ithaca — Prof. H. A. Surface, Cornell University. 
James Annin, Jr., of Caledonia, Superintendent of State Fish 
Hatcheries, and Geo. W. Strell. of Chicago, were present, and 
were elected honorary members. 
The convention was called to order in the assembly 
room at the Yates shortly after 10 A. M. by Vice-Presi- 
dent R. B. Lawrence, of New York. Mr. Lawrence said 
that the League had met with a serious loss during the 
year in the death of its President, Cornelius W. Smith, 
who was one of its most prominent and energetic members. 
C. B. Lapham, of the Committee on Resolutions, pre- 
sented the following, which were unanimously adopted: 
Whereas, Cornelius W. Smith, President of our League, 
departed this life in this city on the 28th day of October, 
1899, in the full vigor of manhood and in the meridian 
of his years, and, 
Whereas, By his death this League has lost a capable 
and worthy presiding officer, an ardent and zealous ad- 
vocate of the objects for which our League was formed, 
and, 
Whereas, Our departed President, who was a true 
sportsman in every sense that word implies, gave liberally 
of his time and "means to enhance the interests of our 
League, and. 
Whereas, He had endeared himself to us all by his 
open, frank and manly ways and by his warm and gen- 
erous nature, therefore. 
Resolved, That this League has heard with .sincere re- 
gret of the death of our President, Cornelius W. Smith. 
Resolved, That we tender the members of his family our 
heartfelt sympathy in their loss. 
Resolved, That these resolutions be published in the 
newspapers of this city and a copy furnished the family 
of the deceased. 
Treasurer A, C. Cornwall, of Alexandria Bay, presented 
his annual report, which made this showing : Balance on 
hand, December, 1898, $90.18; received since that date, 
$15; total receipts, $105.18; expended, $50.02; balance on 
hand, $55.16. 
Secretary Ernest G. Gould, of Seneca Falls, reported 
twenty-eight clubs on the list of League membership. 
Both reports were adopted. 
C. B. Lapham, of Canandaigua, Chairman of the 
Legislative and Law Committee, reported that twelve 
changes in the game laws had been recommended, all 
of which came from the Onondaga County Anglers' Asso- 
ciation. He thought that the other clubs in the League 
believed that the present game laws were about as good 
as it was reasonable to expect. The seasons have been 
made uniform as far as possible, and the majority of 
sport.smen are well satisfied with the laws. Mr. Lapham 
said that while he was in Albany. Senator Elon R. 
Brown, Chairman of the Senate Fish and Game Com- 
mittee, told him that he intended to go through the game 
law and try and make it more simple and clear. He had 
also received a letter from Mr. Brown in regard to the 
matter. The latter did not propose to make important 
changes in the law, but there would be a gain in 
simplicity of expression. The speaker thought that when 
the changes had been made, the law would occupy about 
one-third of the space it now does. He had no doubt 
that when Senator Brown introduced the bill the pro- 
visions would be simpler, plainer and in a great deal 
better shape. Mr. Lapham said that the changes proposed 
by the Onondaga Association all related tQ a reductien m 
the amount of penalties, and were as follows: 
Seption 102 — Which relates to unlawful devices and 
explosives in the waters of the State. The change pro- 
posed is to reduce the penalty from $too to $50. 
Section 1O4 — Fishing through the ice in waters in- 
habited by trout, etc., forbidden. Present penalty for each 
fish so caught $10. Proposed penalty $5. 
Section 105 — Trout: close season. Present penalty for 
each fish illegally caught or possessed $10. Proposed 
penalty $5. 
Section 106 — Trout less than 6 inches in length. Pres- 
ent penalty for each fish taken or possessed $10, Pro- 
posed penalty $5. 
Section 107 — Trout, etc., not to be disturbed while 
spawning. Present penalty for each fish taken $5. Pro- 
posed penalty $10. 
Section no — Bass, pickerel, etc., ctoSe Season. Present 
penalty for each violation $60. Proposed penalty $50. 
Section in— Black bass less than to inches in length. 
Present penalty for each fish illegally taken $10. Proposed 
penalty $5. 
Section 142 — Fishing through the ice in certain lakes. 
Present penalty $100. Proposed penalty $50. 
Section 145A — Nets not permitted in waters inhabited 
by trout. Present penalty $60. Proposed penalty $50. 
Section 149 — Frost fish and whitefish. Present penalty 
$100. Proposed penalty $50. 
Section 150 — Fishing with nets and other devices. 
Present penalty $100 for first violation and $200 for each 
subsequent one. Proposed change, $50 for the first vio- 
lation and $100 for each subsequent one. 
Section 151 — Nets to be licensed. Present penalty $100. 
Proposed penalty $50, 
The changes proposed do not affect the, several sections 
specified in any other man.ier than the reduction of penal- 
ties, as stated. That is where the sections also make it a 
misdemeanor to violate the law or where other penalties 
than those mentioned above are provided, no change in the 
existing statutes is proposed. 
Walter S. MacGregor, of Syracuse, in advocating the 
adoption of the proposed recommendations, said that since 
the Onondaga Anglers' Association was organized twelve 
or fifteen years ago, he had acted as legal advisor for the 
local protector most of the time. 'T find as a result of 
twelve or fifteen years' experience," said he, "that although 
we have a membership of 200 or thereabouts, all intelli- 
gent men, and we have tried to educate the public in the 
matter of fish and game protection, difficulty is still found 
in getting a jury to bring in a verdict in certain cases of 
game law violations. It is not always so difficult in cases 
where partridges and game fish have been illegally caught 
as it is where pike or pickerel have been taken. But 
ordinary men are reluctant to find a verdict of guilty of 
a misdemeanor, and to impose a fine of $100 for violation 
of a section of the game laws or a penalty of $25 and 
$10 for each fish taken where food fish are caught. I 
believe this has been the experience all through the State 
that juries are reluctant to bring in verdicts in such cases. 
We believe it is in the best interests of protection that 
the penalties be in a moderate sum. If we could enforce 
the penalties as they are, we Avould say that none are too 
severe, perhaps, but we have to take humanity as we 
find it, and would it not be better to have penalties which 
we can enforce?" The speaker told about two men who 
hauled a net and caught bass, and it was shown by two 
witnesses that they had done so. but the jury found a 
verdict of not guilty. Subsequently one of the men was 
conversing with a juror, ar»d the latter said to him: 
"Don't you ever get caught in such a scrape as this 
agam, or it \v\\\ go harder with you." The juror after- 
ward said : "If we could have found a verdict of $25 we 
would have done so, \\\xt we were not going to give a 
chance for them to be fined $100 or $200." "What we have 
proposed," said Mr. MacGregor, "is to cut the penalties 
right in two. I sincerely believe that if these amendments 
can be adopted it would add thousands of dollars to the 
receipts of the Fish and Game Commission, and make the 
enforcement of the laws much easier." 
G. W. Weaver said that in Niagara county they had 
the same ditficulty in getting verdicts, but he had never 
heard the reason assigned by Mr. MacGregor. The reason 
usually given is that men are afraid that their barns will 
be burned. 
Aaron Mather thought that in Livingston county there 
might be difficidty in getting a verdict in certain cases if 
the penalty were 10 cents. At Hemlock Lake a net was 
destroyed and the owner was taken before a justice, who 
fined him $15 and his assistant $15. 
Mr. Lawrence — Don't you think that a reduction in the 
penalties would tend to make more convictions? 
Mr. Mather — In some counties it might, and in others 
it would not. 
Mr. Lawrence inquired why it had not been recom- 
mended that a reduction be made in the penalties pre- 
scribed in Section 100, relating to polluting streams. 
Mr. MacGregor replied that the section was a dead 
letter. It is very difficult to show that a substance turned 
into a stream actually kills the fish. He believed the 
section should be rewritten. 
The section of the game laws regulating the size of 
nets used in catching minnows was discussed at some 
length. Mr. MacGregor understood that nets 6 feet long, 
such are are now permitted, were practically useless, and 
that larger ones were being used. He thought the present 
law was practically a dead letter, and it might be well 
to restore the law of i8q8. 
Charles H. Mowry, of Syracuse, said it seemed to him 
that this Section 145 was ridiculous. He read the sec- 
tion and added: 'T don't know of a case where it is ob- 
served. I suggest that we recommend an amendment, go- 
mg back to the old size of net. which was 40 feet long and 
4 feet deep, to be used in any waters not inhabited by 
trout." 
Mr. Mather — It is absurd to catch minnows in a 
lake with a 6-foot net, although it might be done in a 
creek. 
W. H. Thompson, of Alexandria Bay — Perhaps this 
question of minnows interests the people of the St. Law- 
rence River more than any one else. The law wa"s adopted 
so as to allow people who baited minnows near the docks 
to dip tip a few. One man who took out a license for 
using a large net reported an income of $350 from min- 
now fishing. His net was 80 feet long and 6 feet deep. 
I would ask that the St. Lawrence reservation be excepted 
if the old law is restored, ^ _ , 
Mr, Mowry — The St. Lawtenee River and Long Island 
will both be excepted as not belonging' in the State, 
The matter was temporarily tabled. 
Mr. Mather, of the Auditing Committee, reported that 
the rccoi^ds had been examined and found to be correct. 
Mr. Mather said he had been told that there have been 
more men from outside the: State than inside hunting deer 
in the Adirondacks this year. He inquired whetlter it 
would not be a good idea to make non-resident deer 
hunters pay a license fee. 
Mr. Strell said that a non-resident license law was 
adopted in Michigan, Wisconsin, Minnesota, the Dakotas 
and some other States before one was enacted in Illinois. 
The object of the law is not to make it burdensome on 
hunters, but to keep tabs on them. A license is obtained 
from the county clerk and the hunter gives his name 
and address. There is a $10 license fee in each county. 
This puts a check on the market-hunter, who followed 
through the different counties. If a game warden meets 
a hunter he asks him to show his license. The hunter 
must have his license with him and produce it. Another 
point is this: If a man has to pay a license to go into 
another State to shoot he is apt to think he prefers to put 
his money into the propagation of game in his own State., 
We have a resident license law, but it is merely to keep 
tabs on the hunters. 
Mr. Mowry— Do you know what the receipts for licenses 
amount to? 
Mr. Strell — I understand that $28,000 was received in 
two weeks for non-resident deer shooting licenses. 
Vice-President Lawrence called Mr. Gould to the chair 
and spoke briefly on the subject. He was a good deal 
surprised to learn that the amount of income for licenses 
was so great in Michigan. He was of the opinion, though, 
that as long as a person was limited to two deer in a 
season, and hunters from other States who visited the 
Adirondacks expended considerable money there, an 
amendment to the laws requiring non-residents to pay a 
license would receive very little indorsement. He be- 
lieved that the guides and hotel keepers in the Adiron- 
dacks would be very sorry to have such an amendment 
suggested by the League, Mr. Lawrence then resumed 
his duties as presiding officer. 
W. E. Wolcott, of O'tica, said that he quite agreed with 
what Mr. Lawrence had said on the subject. In connec- 
tion with the matter of deer shooting, there was another 
point which he desired to bring up. Judging from the 
great number of shooting casualties in the Adirondacks 
this fall, the speaker thought that there was more need of 
legislation to protect the hunters than the deer. He 
offered the following resolution, which was adopted : 
Resolved, That it is the sense of this body that some 
measure should be taken, if any can be deised, to prevent 
the repetition of such a series of accidental shooting fatali- 
ties as characterized the recent deer hunting season in the 
Adirondacks. 
A nojninating committee consisting of G. B. Wood, W- 
H. Thompson and Henry Killick was appointed, after 
which, at 12:30 P. M., a recess was taken for luncheon. 
When the delegates reassembled shortly after 2 P. M., 
Mr. Lawrence said his attention had been called to the 
action of the Governor in regard to better protection for 
deer in the Adirondacks, and he thought it would be 
fitting that the League should in some way manifest its 
approval-. There are sixty-three counties in the State, and 
only thirty-five game protectors. In the Adirondacks the 
number of protectors is altogether too small to secure 
the proper enforcement of the game laws. 
Mr. Lapham oft'ered the following, which was adopted: 
Resolved, That the New York State Fish, Game and 
Forest League in convention assembled do hereby approve 
and commend the suggestion of Governor Roosevelt as to 
the requisite efficiency of the game protectors, not only in 
the forest preserve, but also throughout the State, and 
unanimously indorse his determination that hereafter 
those officials should be appointed solely for their proved 
fitness for said positions, and that a copy of this resolu- 
tion be sent to the Governor by the Secretary. 
John W. Hicks, of the Black River Association, offered 
the following, which was adopted : 
Resolved, That we do hereby express our unqualified 
disapproval of the practice of allowing State reservoirs 
which have been constructed at public expense for canal 
purposes, and stocked with fish from the State hatcheries, 
to be used for the convenience and accommodation of 
lumbermen to such an extent as to make them unin- 
habitable by trout. 
It was decided to recommend that Section 145 of the 
game laws, referring to taking minnows for bait, be 
stricken out. and that the old provisions be substituted, 
leaving the law practically as it was in 1898, except that 
the penalty be reduced from $100 to $50. 
W. S. Gavitt, of Lyons, moved that the Law Com- 
mittee be instructed to draft a bill changing Section too 
of the game la.ws, so that it will accomplish the pur- 
poses for which it was intended, and to confer with Sena- 
tor Brown in regard to the matter. This motion was 
also intended to carry with it an indorsement of what the 
Governor has recejitly said in regard to the subject. 
Carried. 
Mr. Mowry said it was gratifying to note that in this 
convention of the League, which had met in Syracuse so 
many years in the interests of protection for fish, game 
and forests, there were so few amendments to the game 
laws now proposed. It is an indication that the League 
has accomplished good work and obtained results satis- 
factory to all, but there are other things which may be 
furthered, by united effort on the part of true sports- 
men. The speaker believed that the League was strong 
enough and of sufficient importance to entitle it to recog- 
nition. He thought it ought to ask the privilege of nam- 
ing a majority of the members of the Fish, Game and 
Forest Commission from the ranks of the League. Mr. 
Mowry said the Governor was a true sportsman him- 
self, and he believed him to be in cordial sympathy with 
the interests which the League is striving to promote. "1 
understand," said he, "that there has been some talk of 
making a single-headed Commission. So far as some of 
the Comnli'ssions are concerned, this is all right, making 
the Cornmi^sioner responsible to the head. It is all right 
m the excise and insurance departfnents, one man is. 
suffitient and competent to perform the duties. But in 
the interests which we represent, which include fish, game, 
forests and shell fish, no one man is competent to fully 
cover all. It seems to me we ought to ask the right to 
name the men t© refiresent our interests. I do not mean 
