June i6, 1900.] 
FOREST AND STREAM. 
72; Forster vs. Scott, 136 N. Y., 577, 584; Toledo, Wa- 
lsh & W. R. R. Co. vs. City of. Jacksonville, 67 111., 37: 
< parte Whittweil, 98 CaL, 73. "Laws passed in the 
fercise of it [the police power]," said the Court of Ap- 
5als of New York in the matter of Jacobs, supra, "must 
nd toward the preservation of the lives, health, morals or 
elfare of the community, and the court must be enabled 
I see some clear and real connection between the assumed 
irpose of the law and the actual provisions thereof, and 
lat the latter tend in some plain and unappreciable man- 
;r toward the accomplishment of the objects for which 
le Legislature may use this power." In a very recent 
Lvse the Supreme Court of California held that "a county 
"dinance making it a misdemeanor for one to trans- 
jrt; or offer to transport, from the county, game lawfully 
ken therein, is an unreasonable interference with the 
ght of private property, and therefore void." Ex parte 
napp, 59 Pac. Rep., 315. 
Enough has been said, I think, to show that the section 
the ordinance under which the petitioner was convicted 
id is imprisoned is tinconstitutional and void. But the 
irther the matter is looked into, the more indefensible 
)es the judgment of conviction appear. As has been 
en,_the charge against the petitioner upon which he was 
invicted and for which he was sentenced to imprison- 
ent was the killing of one quail and one bluejay. Now, 
:ither by the ordinance of Marin county nor by any 
atute of the State of California are bluejays in any way 
otected, except by those provisions of the ordinance in 
lestion which declare it a misdemeanor for any person 
use a repeating or magazine shotgun "for the purpose 
killing or destroying any kind of wild duck, geese, 
lajl, partridge, grouse, doves or any other birds." This 
dinance does not assume to protect bluejays in any other 
iy, and I think it would puzzle any one to give a sensible 
ason why it should ; for they are well-known pests, and 
e' unfit for human food, and are, therefore, not within 
e purview of the police power in respect to game, the 
urce of which, said the Supreme Court in Geer vs. Con- 
cticut, 161 U. S., 534, "flows from the duty of the 
ate to preserve for its people a valuable food supply." 
gt a bluejay was one of the two birds the petitioner was 
arged with, and convicted of, killing, and for which he 
imprisoned. And that bluejay the ordinance in question 
rmitted the petitioner, or any other person, to kill with 
rock, rifle, cannon, double or single barreled shotgun, or 
ith any other thing than a repeating or magazine shot- 
in. Such discriminatory legislation, without any basis 
sound reason to rest upon, is, in my opinion, so plainly 
iid as to require no further .comment. 
An order will be entered discharging the prisoner from 
stody. 
Liege School of Firearms. 
Washington;, ID. C— Consul Alfred A. Winslow writes 
the State Department: 
In this city there is estabHshed an industrial school, 
lown as the Ecole Professionellc d'Armurerie, 
unded in 1896 by the city of Liege, the Government 
id the province, where thorougli instruction is given 
the manufacture of firearms. 
The complete course covers a period of three years, 
id is divided into theoretical and practical. The theo- 
tical covers drawing, lectures on the strength and 
mbination of steel and iron, etc. The practical con- 
its of several departments, such as wood working, en- 
aving and polishing, each presided over by a com- 
tent instructor. 
Tuition is free, and besides the pupil is paid 25 cen- 
nes (5 cents) per day, and on completing his course 
ceives a stmi equal to 25 per cent, of the sales of his 
lished work. 
This school opened with 8 pupils, and at present has 
5 in the different departments, which is its limit. Ar- 
iigements are about completed for materially enlarging 
e buildings during the coming summer to provide 
commodations for more, than 200. 
Pupils from this school have no difficulty, I am in- 
rmed, in securing positions at good wages for this 
luntry, which is from 4 to 6 francs (77 cents to $1.15) 
r day, while ordinary workmen receive from 2.50 to 
francs (49 to 77 cents) per day. 
The important position occupied by the school will 
lediized when it is understood that about 30,000 per- 
ns in this city and immediate vicinity are employed 
the firearms industry. The object of the institution 
to qualify workmen for responsible positions in the 
fferent factories, since for the past few years nearly 
are employed on piece work, which does not fit men 
positions requiring a general knowledge of the busi- 
es. This put the manufacturers at a great disadvantage, 
it was becoming nearly impossible to secure com- 
tent formen and superintendents of departments. 
For several centuries the manufacture of firearms 
s been the leading industrj' of Liege and vicinity, and 
e city maintains an extensive museum of firearms. 
It is interesting to note that several thousand of the 
d fiint lock guns are still manufactured here each 
ar for the trade in the interior of Africa, the natives 
eferring them to the modern guns. 
'he Lacey Law and Live Game. 
Wichita, Kan., June 6. — Editor Forest mid Stream: 
)U no doubt know from my advertisement in Forest and 
'REAM that I have been shipping live game for scientific 
d propagating purposes for a number of years, but as 
? Lacey Game Bill has become a law this will stop all 
ipment of game from one State to another, even for 
opagating purposes, unless under the direction of the 
cretary of Agriculture. In view of the fact that I 
ve made the shipping of game successful, and have per- 
iled and patented a shipping crate for game birds, which 
pronounced by a great many to be perfect, and further. 
it I have never handled dead game of any kind, I would 
:e to continue in this line of vrork, but the Lacey law 
ts me out, unless I am under the direction of the Secre- 
■y of Agriculture. Wliile I knew that this would be the 
?ult should the Lacey bill pass, yet I worked hard and 
d all I could to have it pass. I wrote several hundred 
ters to my patrons, many of whom are very influential 
jn in the East, and urged them to write to their Repre- 
ntatives in Congress and to have thtm favor the bill and 
vote for it, and I am glad to say that I added my in- 
fluence in that way to its passage. I am well posted as to 
how live game should be handled, know where it can 
be most readily obtained, have a patent shipping crate and 
believe that I have always treated my customers honor- 
ably, and would ask if you can indorse me to the Secre- 
tary of Agriculture, at least as far as my ability goes to 
handle live game. Chas. Payne. 
Mr. Payne's activity in advocating the enactment of the 
Lacey law, in the face of its operation to his disadvantage, 
is deserving of high commendation. It is a mistake, how- 
ever, to read the Lacey law as stopping "all shipment of 
game from one State to another even for propagating pur- 
poses unless under the direction of the Secretary of Agri- 
culture." The law does not so provide. It enlarges the 
power of the Department of Agriculture so as to include 
the preservation, distribution, introduction and restoration 
of game birds and other wild birds; but it by no means 
restricts such preservation and distribution to the Depart- 
ment, nor does it forbid any one from engaging in that 
work. Individuals, clubs and associations are as free_ to- 
day as ever to engage in the work of restocking with 
native game. The law declares that one of its purposes is 
"to regulate the introduction of American and foreign 
birds or animals in localities where they have not here- 
tofore existed." This does not affect restocking with quail 
or other species; but it will apply to the introduction of 
new species, whenever the Department shall publish any 
regulations concerning them. 
The Massachusetts Law. 
5 Park Square, Boston, June g.— Editor Forest and 
Stream: "We have met the enemy and they are ours." 
The victory is won. 
The end of the protracted struggle came on Thursday. 
Several committees were away making investigations, 
which took several of our friends away, but Representative 
Hunt, with characteristic vigilance, looked out to have 
our supporters paired. The fight was made on recon- 
sideration. The President declared the motion for recon- 
sideration lost, as was evident on the viva voce vote. 
Senator Leach doubted the vote, and a standing vote 
was taken, resulting in 8 for and 10 against. Not satisfied. 
Senator Leach called for the yeas and nays, and the 
result was 6 in favor to 16 against. 
A remarkable thing about the contest in the Senate 
was the intense interest of members of the Lower House, 
several of whom took the trouble to go over to the upper 
branch when the vote was taken. We have had a very 
hard fight, and while confident of success, all along we 
have known that very strong efforts were being made 
to defeat the bill, and that they would be kept up to the 
very last minute. The past week has been the most 
anxious one of all. When the favorable report of the 
Fish and Game Committee was obtained, w^e had not one 
of the three Senate members with us. Senate Chairman 
Leach and Senator Joy have opposed us to the end, but 
Senator Baldwin, of Boston, became one of our sup- 
porters. Many members of the House interviewed Sena- 
tors of their acquaintance and urged them to vote for 
the bill. So great was the interest in the vote of last 
Thursday that several of our friends came a long distance 
to be present when the vote was taken, among them War- 
den Frank R. Whitcher, of Amesbury, who has been active 
from the first. Counsel Fay was there with several 
friends, and the venerable father of Representative Hunt 
was an interested spectator in the gallery. By our bill 
we take six weeks' shooting from the time now permitted 
on ducks, closing the season March i instead of April 15. 
The signature of Governor Crane is yet to come, but 
Ave have confidence to believe he will not hesitate to affix 
his name to the bill, and we hope Representative Hunt 
will be favored with the pen. He is certainly entitled to 
it. The steadfast position he has maintained from the 
first and the diplomatic skill he has shown in managing 
the bill are worthy the highest praise. 
Counsel Heman S. Fay, too, has been ever on the 
alert and made great sacrifices of time and labor in look- 
ing after the bill through all its stages. In conversation 
with Senator Leach yesterday, he said to me, "You began 
early." "Yes," I said; "this work was started more than 
a year ago. As a matter of fact it was begun in the first 
conference of sportsmen's and farmers' clubs in Novem- 
ber, 1898." 
I will not now review the various steps that have been 
taken since. I may perhaps do so at some future time. 
While this bill is expected to accomplish much, there are 
other things yet to be done. We hope for a great deal 
from the Lacey bill, but so long as there is in any great 
city an open market for game illegally killed in any part 
of the country, the sportsmen will have work demanding 
their attention. 
No one has more reason to be gratified with the result 
of our winter's work than the chairman of the Executive 
Committee, Mr. A. B. F. Kinney, who has spared neither 
time nor effort in this campaign. Let us hope he may 
live long enough to see the good old State of Massachu- 
setts take her place where she belongs, at the front, in 
game protection. 
Several of our members have gone to the Hopewell 
Camp at Great East Lake, Maine, for a few days. In 
the party are the Messrs. Geo. B. Goodall. Louis B. 
Goodall Ernest M. Goodall, of the Sanford Mills, Me.: 
Mr, Frank Hopewell, who is the host of the party, and 
Messrs. W. B. Hastings. A. J. Selfridge. Alfred A. 
Glasier, W. L. Henry, Thomas H. Hall, W. H. Mertz, 
Richard V. Joyce, Dr. E. W. Branigan and others. These 
gentlemen are accustomed to make a yearly trip to Mr. 
Hopewell's camp, and always return with glowing ac- 
counts of their pleasures in camp and in bass fishing. I in- 
(Jose copy of our bill, 
Henry H. Kimball, Sec'y. 
All act to provide foi' tli^ better protection and to regulate tbe 
sale of game bifds. 
Be it ejiacted by the Senate and House of Representatives In 
general court assembled, and by the authority of the same, as 
follows: 
Section 1. Tt shall be unlawful to talcc or kill or have in pos- 
session or buy, sell or offer for sale a woodcock or a ruffed grouse, 
commonly called a partridge, between the fii'st day of December 
and the first day of October following, whenever or wherever such 
bird may have been taken or killed. 
Section 2. For a period of three years after the passage of this 
act, it shall also be unlawful to buy, sell, offer for sale or ha^ 
in possession for sal^ any woodcock or ruffed grouse, commonly 
called partridge, whenever or wherever the said birds may have 
been taken or killed. 
Section 3. It shall be unlawful to take or kill or have in posses- 
sion or buy, sell or offer for sale a quail, between the fii-st day of 
December and the first day of October, whenever or wherever such 
bird may have been taken or killed: Provided, however. That 
any person, firm or corporation dealing in game or engaged in the 
cold storage business may buy, sell or have in possession, and 
any person may buy from such person, firm or corporation, and 
have in possession if .so bought, quail from the first day of De- 
cember to the first day of May, if such quail were not taken or 
killed in this Commonwealth contrary to the provisions of this 
act; and_ any person, iirm or corporation dealing in game or 
engaged in the cold storage business may have quail in possession 
on cold storage at any season, if such qua'il were not taken or killed 
in this Commonwealth and contrary to the provisions of this act. ' 
Section 4. It shall be unlawful to take or kill a pinnated grouse 
at any time, or a wood or .summer duck, black cluck or teal, or 
any of the so-called duck species, excepting the scoters, commonly 
called coots, between the first day of September, or any of the 
scoters, commonly called coots, between the tv/entieth day of May 
and the first day of .September, or to buy, sell or have in posses- 
sion any of the birds named in this section during the time within 
■which the taking or killing thereof is prohibited, whenever or 
wherever such birds may have been taken or killed: Provided, 
however. That any person, firm or corporation dealing in game or 
engaged in the cold storage business may buy, sell or have in 
possession, and any ijerson may buy from such person, firm or 
corporation, and have in possession if so bought, pinnated grouse, 
wild pigeons and any of the so-called shore, marsh or beach 
birds, or any of the so-called duck species, at any season, if such 
birds were not taken or killed in this Commonwealth contrary 
to the provisions of this act. 
Section 5. _ Whoever takes or kills or buys or sells or oilers for' 
sale or has in possession, or has in possession for sale, any bird 
contrary to the provisions of this act, shall be punished by a finci 
of twenty dollars for every bird so taken or killed or bought or 
sold or offered for sale or had in possession or had in possession 
for sale. 
"That reminda me." 'r ■ 
Just a Little Experience. 
The old saying, "experience is a great teacher," is all 
right in its way, but the price paid sometimes is rather 
exorbitant; at least such was my opinion one night. dur- 
ing the past summer, and I am of the same conviction 
now, even after eight months have elapsed. To be sure, I 
know more about certain things than I did before, but it 
seems as though I could have gained this knowledge in a 
more pleasing manner; for instance, some good, kind 
friend could have told me in a dozen words what it 
nearly cost me my life to find out. After you read this you 
may say any fool would have known better than to try 
and do what I did. Well, that may be so, but for fear that 
"there are others" I will relate my experience, and hope 
you will profit by it. 
This article is written chiefly for the benefit of amateur 
photographers, or, to speak in the language of the cold, 
cold world, the camera fiends, for I doubt if there is any 
other being in this world who would take the chances or 
go through the hardships for such small returns. 
Jim, my partner, and myself started, as usual, last sum- 
mer on our annual visit to the woods of Maine. Aftei: 
reaching the end of the raidroad we made the balance 
of the trip by boat to what is known as the head camp, 
and after spending a few daj^s there among the trout we 
started on a four da^'s' trip by trail and canoe into the 
heart of one of the greatest and grandest of nature'.s 
wild wooded lands in this country. Our destination was 
a small lake, miles and miles away from any human 
habitation, surrounded by grand old mountains, whose 
tops were often lost in the great fleecy clouds which 
float across the blue of the unknown like mammoth 
white-sailed ships. Here we expected to get some pic- 
tures of moose, deer, bear, and, in fact, all game for which 
this section of the State was noted; also to drop a fly into 
waters that were seldom visited, yet known to contain 
some great fish. Before going any further, I must tell 
you whom you are making this trip with. In introducing 
Jim, will say that he is about 5 feet 8 inches, weight i6o 
pounds, as hard as a knot, will tramp all day and all 
night, and pack 30 or 40 pounds without a murmur; 
knows the woods backward and forward; a true sports- 
man, and all that word implies ; a good shot, and can 
cast a fly in a manner that even the most wary old trout 
can't resist. He never destroys game or fish for the 
pleasure of killing, but a whole-souled, kind-hearted fel- 
low, whose greatest enjoyment seems to be in making 
others happy. I hope he will see this article, for I want to., 
square one or two things that happened this summer. As 
to myself, will leave that to your imagination; maybe the' 
less said the better. .. , . 
In due time we arrived at the little lake 6ii/4 pcifTnt . 
where we could see our camp on the other side — a brigh't 
and welcome spot in the great rugged picture that naturae 
unfolded before us. We soon had the rusty old lock off 
from the . door, which opened with many a crack and . 
groan, caused by months of idleness, and set at work get- _ 
ting things in shape for our stay. The following morn- 
ing, after taking a number of fine trout for breakfast, we 
started out for pictures, and succeeded in getting quite a 
few — some good ones. At last the eventful night arrived 
when we were to get some flashlight pictures of deer that 
venture out of the woods at night to feed on lilypads and 
roots that were in abundance around the lake shores. I 
went down to the canoe, and after getting all my para- 
phernalia stored away, called to Jim, Avho was fussing 
about the camp for something or other. He replied, say- 
ing, "I'll be with you in a minute, old man. Do you think 
it's dark enough ?" "Dark enough? Why, a piece of coal 
would shine like an electric lamp out here." "All right; 
wait until I fill the lantern, for if that should go out, every- 
thing is off for the night." 
At last he came, paddle and lantern in hand, ready for 
the start. Our scheme was to Jack up to the deer and 
then spring the flashlight on them, working the carnera 
at the same time. I wish to say right here that we both 
knew that using a light in this manner was a violation of 
the game law, but we eased our conscience by saying it was 
in the interest of science. For the benefit of those who 
have never used a light, I will say that an expert can get 
within 3 or 4 feet of a feeding deer before he will become 
frightened; one can, therefore, easily see the wisdom of 
the law which forbids hunting in this fashion. 
After things were placed in their proper position, the 
lantern with its reflector in front of me in. the bow, 
fastened to a small stick so that it could be turned noise- 
lessly in any direction, "my camera just under it, and the 
