FOREST AND STREAM. 
487 
as It saw fit, both as to the time, manner and instru- 
mentalities of taking the same, and could at its will ab- 
solutely prohibit any taking thereof; that, as the right 
to hunt and kill game was not a natural right, but a mere 
boon or privilege which the Legislature could grant, re- 
strict or withhold at pleasure, no question of Constitu- 
tional right could arise in regard thereto ; and held in the 
same case that this power was one of those called police 
powers, and for the same reason not within the Constitu- 
tional provision. In its decision, the court quoted from 
and much relied upon the decision of the Supreme Court 
of Illinois, in Magner vs. People, 97 ///., 320, a leading 
game law case. No lawyer, especially no New York law- 
yer, would be likely to cite the case of Wynehamer vs. 
People, 13 N._ F.,, 398, which is cited by Judge Ross. That 
case was decided in 1856, and has been given the distinc- 
tion of being the only case holding that the right to sell 
intoxicating liquors at retail is one of the rights protected 
by the Constitution. (See note to 35 American Deci- 
sions, 335. ) It has been overruled by our own court, these 
rnany years, Excise Board vs. Barrie, 34 A''. 7., 668; and is 
directly opposed by the case of Bartmeyer vs. lozm, 18 
Wall. {U. S.), 129, and many other cases. The learned 
judge was also in error in holding that because the ordi- 
nance in question deprived the petitioner of the right to 
use this gun in killing the birds mentioned, it deprived 
him of all use thereof ; for, as a matter of fact, there are 
many other uses to which it might be put, such as trap- 
shooting and killing different kinds of animals. A strict 
construction of the ordinance would also prohibit its use 
only as to the birds specifically named, the words "any 
other birds" only applying to the class to which those 
enumerated belong — that is, game birds proper — and 
might not apply at all to other kinds; and if that be 
so, the Use of the gun is only slightly restricted in any 
event. But even if it absolutely deprived the owmer of 
all use of his property, it would still be a valid law, be- 
cause the object aimed at — the protection of game — was 
within the power of the board of supervisors — that is, the 
police power — and the effect of that law in depriving him 
of the use of the gun was only an incident of the exercise 
of such power, and no one can complain of such a con- 
dition. Lawton vs. Steele, 152 U. S., 132. And the right 
to prohibit the use of a particular kind of gun has been 
so frequently affirmed as to be no longer in doubt. £.1- 
parte Peterson, no Ca,l., 582. 
Congress has frequently exercised the right to regulate, 
restrict and prohibit the use of certain kinds of nets and 
other instrumentalities in waters under its jurisdiction, 
both as to fish and seals. Supplement to U, S. Revised 
Statutes, Vol. i, page 279, and Vol. 2, page 174. 
As the learned judge was inclined much toward the 
decisions of this State to sustain his views, it was un- 
fortunate, perhaps, that he did not read Phelps vs. Racey, 
60 N. Y., 10, which was a game law case, and which fully 
sustains the right of the State to make such laws. 
It is unnecessary to go further. It is to be hoped that' 
the Marshall case will not rest where it is, and that, if the 
law permits, the question will be submitted to a higher 
court. Jo.s»B. Thompso^t. 
New York. 
CHICAGO AND THE WEST. 
Fatally Bitten- by a Gila Monster. 
Chicago, III, June 7. — Dispatches of this week m a 
Chicago daily state that Horace E. Mann, an old-time 
Arizona prospector, was bitten by a gila monster while 
on the desert some sixty miles south of Phoenix. Mann 
was brought to Phcenix partially paralyzed and in a 
critical condition. He was bitten while trying to capture 
two of these strange and repulsive looking creatures, and 
certainly had catise to repent of his attempt. One of the 
creatttres, it is said, caught him by the arm and hung 
on while he ran nearly half a mile. This is another of 
those occasional stories in which these singular South- 
western animals figure. It is commonly supposed that the 
bite of one of these "monsters" is always fatal, and it 
certainly seems to be a very serious matter. 
No Compromise. 
The Illinois Audubon Society held a meeting this week 
and resolved not to compromise in any way with the repre- 
sentatives of the Manufacturers' Milhnery Association. 
The latter has agreed to cease traffic in North /\merican 
birds, provided the Society will not urge legislation pre- 
venting the importation of foreign birds. This latter the 
Audubon Society very stoutly and sensibly refuses to do. 
It knows very well the virtue of a law with a loop hole, 
and states simply that it is here to fight for the song birds 
and not to tie its own hands in that fight. 
At Leech Lake. 
The outing of the ladies of the Women's Federation of 
Clubs in the Leech Lake country of Minnesota continued 
this week most pleasantly. 
There is a new Indian prophet at Leech Lake^ who is 
inciting the Chippewas to return to their old life in the 
teepee, threatening them with destruction if they refuse to 
do this. He gathered so many followers that Capt. 
Mercer had to have him arrested. The new prophet is 
called Gway-Tay-Gonce. The foregoing is a newspaper 
version. It is admitted that there seems to be a restless 
feeling among the Indians of those reservations, and it is 
more than likelv that they are uneasy over the uncertain 
attitude of the Government in regard to the money due 
them, and the further cutting of their pme timber. 
Kankakee Pusher a Millionaire. 
The following newspaper dispatch was read with con- 
siderable interest by different members of the Maksawba 
Club, of this city, whose grounds are at Davis, Ind. : 
"Mishawaka. Ind.. June 11.— Jonathan W. Fancher, of 
Davis Station, south of here, is made the beneficiary in 
the will of his deceased brother, a rich miner at Merced, 
Gal. The will, which is now probated, shows assets ot 
$7,000,000. The Indiana -Fancher is^one of five designated 
heirs, receiving nearly $1,500,000." 
One of the best known and ablest pushers at the 
Maksawba Club is ]\Ielvin Fancher. who married the 
daughter of Ira Pease, the old club keeper of :Maksawba 
Club. A number of us have always had Mel Fancher 
push the boat, when we could get hiro, on trips in that 
historic country. As I presume his share of the family_ 
fortune will leave him in the millionaire class, it may be 
possible that he will want a pusher himself nowadays, I 
can recommend either Billy Mussey, Roll Organ or my- 
self, all of whom know Mel very well and would do their 
best to show him good sport. 
Good Game Country. 
Fixtures, 
July 18, 19, JiO.— Meeting- of the American Fisheries Society at 
^ oods HoU, Mass. 
Mr. John W. Carpenter, of Whitman, Neb., writes as 
below regarding some good game country in his State 
which he has discovered, remarking: 
"We will have plenty of grouse and chickens in this 
part of Nebraska this fall. I have found a good many 
nests of grouse and ducks, and the outlook is good for 
plenty of shooting. If any readers of the Forest and 
Stre.'\m would like to come out this way for a hunt, I will 
agree to show them good sport. There are ten or fifteen 
lakes from twenty-five to forty miles from Whitman (the 
latter is on the B. & M. R. R.) that can be reached easily, 
and which will give plenty of ducks and some geese, swan 
and cranes. Come between Oct. is and Oct. 30, when the 
northern flight is on, and bring plenty of cartridges." 
E, Hough. 
H.'VRTFORD Building, Chicago, 111. 
A Notsi Grizzly Dead. 
Mks. T. J. La BriEj who is staying in Lakeview, received 
a letter from her husband to-day stating that a grizzly 
bear, which had made itself notorious in this county for 
the past twenty years, was killed near Hager Peak, in 
the northwest corner of the county, near the Klamath 
county line. His hide measures 9 feet in length, and he 
was 10 inches between the ears. His weight was nearly 
2,000 pounds. His tracks in the snow measured 12 by 18 
inches. The whole northern portion of this county is 
rejoicing over the capture. 
The bear ranged for about thirty miles in the mountain 
fastnesses and came down in the valleys and preyed upon 
sheep, cattle and horses. He has raided hundreds during 
his career, having slain as many as twelve sheep in one _ 
night. The ranchers have had a standing reward of 
$200 for him for a number of years, and besides there 
have been rewards offered by individuals. 
On the loth of this month a large party of hunters, 
roused on accotmt of his numerous depredations in the 
past winter, started out to capture him. Among the num- 
ber was Billy Ball, a Klamath Indian, and he it was 
who slew the animal after a six days' hunt. ' The Indian 
is a wealthy rancher, and had suffered as much damage as 
any one from the bear's depredations, and hy stealth suc- 
ceeded in creeping upon the beast and firing until he had 
finished him. Hundreds have hunted him before for the 
sake of the reward, but no one had ever brought blood. 
Experienced hunters had come from a distance, but had 
failed, and there are many who had come upon him in 
previous years while hunting for him, and his terrible size 
and ferocious appearance prevented them from .shooting, 
for to shoot and fail meant almost certain death to the 
hunter. 
The hide is now on exhibition in Silver Lakcj in this 
county, and Billy Ball, the Indian is the hero of tfie hour 
in two counties. — Portland Oregonian. 
Deer Hounds in Pennsylvania. 
Philipsburg, Pa,, June 14. — Editor Forest and Stream: 
I have just learned of a deer being killed by dogs running 
loose in the woods during the close season. It happened 
near here. 
A few days ago a party of fishermen coming in from a 
trip after trout found a nice doe yet warm that had been 
killed by dogs. She was heavy with two nice fawns that 
would have been born in a few days. Thus, deer worth 
their weight in gold almost (as they are getting so 
scarce) are killed by worthless curs that wotild not be 
worth a copper for a hundred. 
The sportsmen here are thoroughly aroused over this, 
and will from now on make it very hot for any hounds 
found in the mountains. 
Another fine deer was run through the streets of thi.s 
place last week, presumablj'^ by hounds, although none 
were seen in the city after it. 
.Another case happened last winter, wiien a deer was 
run into the ice and water after the close of the season. 
An Englishman found the poor deer and killed it. He 
was arrested and bound over for court, but the judge dis- 
missed the case with no cause for action. 
It would be well to stir up the people in Harrisburg 
about these nearby local cases. While they are doing 
noble work in game protection, it does seem as though 
such things as I write you could be stopped. E. H. K. 
The Minnesota National Park, 
"The earth is for the people," said Wm. Morris. "It is 
ours while we are here, but let us leave it, as we would 
leave a rented house, neat and orderly and beautiful as we 
found it. Are we vandals that we should ruthlessly 
destrov and disfigure God's property?" 
I have visited that beautiful tract of land in Minnesota; 
I know its beauti^ and can guess its value as a place of 
rest and healing for the tired, overworked sons and 
daughters of earth. I know of no man working to carry 
this plan through who will gain a dollar by it. The men 
who oppose it are out for the money. I hope that the 
good women and the unselfish men will win and that 
Congress will see that the eartli and its blessings and 
beauties are for all the people, not for the few ; for those 
who live now and the many who shall follow us. 
We owe it to the imborn that we shall leave this earth 
in as good order, if not better, than we fo.und it. _ To- 
morrow we go — let us remember our brothers and sisters 
who shall live here when we are gone. And if our 
simple actions now shall make life's burdens lighter for 
them — lessen their cares and add to their joys — we shall 
not have lived in vain.— Elbert Hubbard in the Philistine. 
See the list of good things in Woodcraft in our adv. cols. 
ANGLING NOTES. 
The Adirondacks in Old Days. 
There has been a vast change in the Adirondacks 
since I first visited them as a boy; and to one who has 
watched the changes for twenty years or more (for I am 
a little guarded in saying just how long I have known 
of the North Woods from personal inspection), and 
knows som.ething of the inside of Adirondack life, it is 
a w-onder that there is any trout fishing worthy of the 
name left in the woods. Within two weeks I was landed 
by rail on the shore of a lake upon which I camped when 
there was not even a log cabin erected on its shores, 
and one can drive for miles through the "pathless woods" 
on a road that could be used for speeding in a pneumatic 
tired road wagon. I was on my way to Lieut.-Gov. 
Woodrufl's camp with Mrs. WoodrufiE and a party of 
friends, and while waiting at the boat landing for us 
to arrive Mr. Woodruff spent the time in fishing, and 
had, when we reached him, a fair string of trout taken 
from the inlet in an hour's time. A few days later, driv- 
ing with the Lieutenant-Governor and his wife to call at 
a camp newly erected, and perhaps worth one or two 
hundred thousand dollars, I saw two deer by the road- 
side, and one of the men counted eleven deer only the 
day before on the same road. 
1 renewed my acquaintance with Uncle Alvah Dun- 
ning, who told me he thought at eighty-four years of age 
he was getting a little too old for guiding. As I once 
recorded his death from a fall on the ice in this paper, I 
was very glad to see him in the flesh again, and asked 
him about the fall. He said he had been told that he 
tried to push an axe to his companion on the ice by 
kicking it with his foot and fell backward, but if he did 
it was the only time in his life he ever kicked a sharp 
axe with his foot. However, he did fall, striking fairly 
on the back of his head, though I could find no mark of 
the hurt, and he remembers nothing more except at his 
camp he asked his companion to make him a hot sling 
of Magic oil; but between the time of the fall and his 
asking for the sling in his camp the old man had got on 
his sled and pushed it over the smooth ice with two 
sticks held in his hands, a distance of more than a mile, 
and any one who has tried this sort of locomotion will 
understand that it requires some skill to keep the sled 
going on a straight course. He had no recollection of the 
sled ride, though he was afterward told that he got up 
from the fall and unaided pushed his sled to his camp, 
as related. Then came a blank for many days — seventeen, 
I think he said. I knew Ned Buntline from the time he 
first went to the North Woods until his death, and knew 
of the misunderstanding he had with Uncle Alvah about 
the ethics of deer hunting, etc., but in speaking of Ned 
there was not even a suspicion of bitterness in the old 
man's tone as he told of the time that he had served 
Ned as guide at Eagle Lake, which received its name 
from Ned Buntline when he made his camp on its 
ahores. 
I have wandered far from the trail in writing this note, 
for not yet have I written a word of what I intended to 
write to follow the caption to this note. It was just 
before my recent visit to the Adirondacks that I one 
evening met Jim. Warren and talked with him about the 
Adirondacks in the old days. He has been guide, fore- 
man of lumber jobs, river driver, land agent, "timber 
looker," as they say in the West, and general utility man 
in the Adirondacks. As I questioned him he thawed 
out and rehearsed what he knew of some practices that 
have aided materially in making fish and game scarce in 
the woods. I feared he would .^h}^ at a note book, so I 
stored my memory with a few only of the incidents he 
mentioned and put them on paper after I had left him, 
for I would not like my memory burdened with more 
than a few of the tales he told for fear of a perpetual 
nightmare of murdered fish and slaughtered game. In 
no single instance did Jim Warren himself take part 
in the murderous work, but he had picked up the facts 
in the camps on the rivers while log driving and lumber- 
ing. Puffer Pond is the one bright particular memory 
of trout fishing with artificial fly in my younger days, 
but soon after I made a catch in this pond, which will 
be ever fresh in ray mind, the trout almost disappeared, 
and I charged it to illegal fishing of some kind, by some- 
body. Jim told me that the pond was persistently netted, 
and that one night over five hundred pounds of trout 
were taken from it in a gU\ net. and this sort of thing 
' went on until it did not pay the poachers to net any 
longer, and so this pond was shunned by anglers. Some 
years ago I told in this paper how the pond recuperated 
because of this avoidance. 
Big Brook is the outlet of Round Lake, and two men 
who had been at work on a dam at the outlet of the lake 
put a dynamite cartridge in a hole in the brook and ex- 
ploded it, but got no fish, although later others passing 
the place picked up over fifty pounds of trout as a result 
of the explosion. The tales of netting and dynamiting 
trout streams, spring holes and spawming beds were 
sickening, and how the trout survived is beyond com- 
prehension, for it seems that the practice was almost 
universal in remote camps and lumber jobs, and all laws 
were a dead letter. When one considers the difficulty 
even at this day that game protectors have in obtaining 
evidence that courts will hold as conclusive against law- 
breakers in the forests, it is more a matter of wonder 
that so many convictions are obtained rather than that 
so many lawbreakers escape, for it 'requires years to 
overcome the sentiment that fish and game may be 
killed at any time if it is needed for food, and the manner 
of taking it is not to be considered beyond that it should 
be taken in the easiest manner and with the least labor. 
To reach Puffer Pond it was necessary to go to 
Thirteenth Pond, and there George Bennett had a camp. 
Jim told me that years ago George had for a guest in 
his camp an Attorney-General of this State, and one day 
they went out to fish a trout stream. It was after a law 
