Forest and Stream 
A Weekly Journal of the Rod and Gun. 
Copyright, 1900, by Fokbst and Stream Publishing Co. 
Terms, |4 a Year. 10 Cts. a Copy. 
Six Months, $2. 
NEW YORK, SATURDAY, JULY 7, 1900. 
J VOL. LV.— No. 1. 
( No. 846 Broadway, New York 
A WEEKLY JOURNAL, 
Devoted to Field and Aquatic Sports, Practical Nat- 
ural History, Fish Culture, the Protection of 
Game, Preservation of Forests, and the Inculcation 
IN Men and Women of a Healthy Interest in Out- 
door Recreation and Study. ' 
This is the original vignette and prospectus as printed 
en the editorial page of the first number of Forest and 
Stream in 1873. That was tvi'enty-seven years ago; but 
tliere are readers to-day who were readers then, and 
for them in particular is the familiar design reproduced as 
a reminder of the old days. 
Vast and far-reaching changes have come in the in- 
terests which the paper then took for its own ; and we are 
((uite given, after the manner of the world, to extol the 
things that were and to lament the altered conditions and 
ways of the present. But while we may with reason 
regret the improvidence and wantonness which h^ve 
squandered our resources of game and fish and narrowed 
our opportunities for the enjoyment of those recreations 
we like best, there is on the other hand abundant reason 
for gratification over the development of field sports and 
llie popular appreciation of the true place which rational 
recreation has in a well-ordered life. 
There was dug up in Sweden the other day a sleigh 
made from the bones of a horse. Thousands of years 
ago then, if we accept the opinion of the scientists as to 
the age of the vehicle, there lived a horse which was made 
to go all its life, and then compelled to keep on going 
after death. There are human beings who stick to busi- 
ness all their lives without let-up, and apparently would be 
happy if they could look forward to another chance at 
hard work after death. There are others who believe in 
a vacation and take it. They get something out of life as 
they go along, and count not lost the days or weeks of 
their outings. 
Compare 1873 with 1900, and note the astounding 
growth of the "interest" and participation. The Satur- 
day half-holiday is one institution which marks the change. 
The vacation idea and the popularization of field 
sports and woods life are a development of the last 
quarter-century, and have progressed with such strides 
and bounds that to-day they give promise of becoming 
well nigh universal. The outing custom is one of the 
social phenomena of the age. That bit of homely humor 
printed in our first number, of the shoemaker and his 
boy, in the revised version of to-day, tells the story. The 
cobbler of 1873 stuck to his last; the cobbler of 1900 does 
Hot stick so closely as to let the other fellows get all the 
fish. i 
From that first issue the Forest and Stream has had 
its share in awakening the sentiment and promoting the 
common sense which stand for "a healthy interest in out- 
door recreation and study." In this work it is engaged 
to-day, and in this it recognizes the largest field of its 
usefulness- in the future. To encourage outdoor -life,- to 
send men and women off on excursions into the depths of 
the wood, .to the heights of the moutitain, out upon the 
broad water, down the winding river,, along the rushing 
brook, and to the silent pool— this shall be the purpose and 
the accomplishing of the years that are to come as of the 
v^rs thjit have gone. 
THE LACEY LAW AND STATE LAWS. 
A Kansas correspondent writes as follows in comment 
on what we said the other day of the application of the 
Lacey law to the transpprtation of live game: 
"I note your editorial in regard to the Lacey law. Of course 
any one can ship game for propagating purposes if there is no 
local State law prohibiting it; but Kansas, as well as other States, 
has laws prohibiting the sale or shipment of game from the State, 
and these laws, like the Lacey law, do not discriminate for or 
against live game. Many sportsmen would allow game to be 
shipped from their section to restock districts where it is scarce. 
Others would claim that the law was against it and ask for its 
enforcement, and of course it would have to be enforced unless 
the Secretary of Agriculture had made arrangement with the 
State or Territorial officers to secure game for distribution in other 
localities. It may not have been the intention of the framers of 
the Lacey law to stop the shipping of game for propagating pur- 
poses, yet it gives the States authority to do so if they desire. 1 
have no doubt that the Secretary can make all arrangements with 
the States and Territories at the proper time. Previous to this 
time I have had game shipped in to me from without the State 
and held it for time and shipped it beyond the limits of the State, 
and was protected under the interstate commerce law; but since 
the Lacey bill became a law all game shipped into the State be- 
comes subject to the law of the State. My object is to get the 
permission of the Secretary of Agriculture to continue to trap 
Mid ship game birds under his direction, but as there is no appro- 
priation, let the parties who receive the game pay the expense of 
same. By this way restocking could continue in a small way until 
an appropriation was made by Congress." 
This shows a misconception of the operation of the 
Lacey law, which, as it may be general, may well enough 
be corrected, though in making the correction we repeat 
some points which have been given before. 
1. The Lacey law does not prohibit the exportation of 
game from any State where there is not already a State 
law to that effect. Congress would have no constitutional 
authority to enact a law of that nature. The State only 
has the right as a part of its police power to control 
the export and import of game. 
2. The Lacey law does not give the States authority to 
stop the shipping of game for propagative purposes. The 
States already possessed that authority. They have no 
more and no less authority now than befpre the Lacey 
law was enacted. 
3. Game shipped into the State was as much a subject 
of the law of the State prior to the enactment of the 
Lacey law as it is to-day. The Lacey law introduces no 
new principle ; it is merely the statement in the form of 
a statute of a principle which has already been well 
established and recognized by the higher courts, notably in 
the Phelps-Racey decision in New York and the Magner 
decision in Illinois and the Stevens decision in Maryland. 
4. The Secretary of Agriculture cannot "make arrange- 
ment with the State or Territorial officers to secure game 
for distribution in other localities" in any State or Terri- 
torj' where a local law forbids such export. State and 
Territory officers are only executives of the laws. The 
Legislature makes the laws ; the officers enforce them. 
They cannot "arrange" for violation of the laws. 
If such were the intent and effect of the Lacey law it 
would weaken the State control of its game, whereas the 
purpose of the law is the direct opposite, namely, to 
strengthen the State's control. This purpose is to be. 
accomplished by declaring unlawful the transportation, as ' 
an article of interstate commerce, of game shipped in vio- 
lation of a State law. And far from authorizing the Secre- 
tary of Agriculture to arrange for export in violation of 
State laws, the Lacey law distinctly provides: 
The Secretary of Agriculture is hereby authorized to adopt such 
measures .as may be necessary to carry out the purposes of this 
act and to purchase such game birds and other wild birds as may 
be required therefor, subject, however, to the ■ laws of the various 
Siaies and Territories. 
That certainly is a most extraordinary notion, that Con- 
gress could enact a law which would authorize Govern- 
ment officials to arrange with State officials for the setting 
aside of State laws. A pretty mess indeed that would 
bring us to. 
5. One cannot go far astray in his understanding of this 
subject if these basic principles are borne in mind: 
a. The game is the property of the State. 
b. The State alone has authority to control its game. 
As a part of its control the State alone may regulate the 
export or import of game. 
The only jtirisdiction Congress has over game is that it 
acquires when the game, by reason of having passed be- 
yond, the limits of the State and become an article of 
interstate conrtn^rc^. is j\o longer within the control of the 
State. 
6. All the laws of all the States, relative to the trans- 
portation of game dead or alive, which were in force prior 
to the enactment of the Lacey law, are now and will con- 
tinue to be in force until modified by the respective State 
legislatures, the only lawmakers having authority in the 
premises. 
THREE SPECIMENS. 
There appears to have been discovered, in the Royal 
Zoological Museum at Florence, the third of the only three 
specimens ever taken of a bird which has long been ex- 
tinct. The history of these specimens and the little that 
is known about the species to which they belong is very 
interesting, and is worth the telling at this time, when 
civilization is crushing out nature and natural things so 
rapidly. 
The bird is a little emu, once found on Kangaroo 
Island, off the south coast of Australia. It was first seen 
in the year 1803, when a French scientific expedition un- 
der Baudin explored Kangaroo Island, which they called 
Isle Decres. The story of the island, written by the 
naturalist Peron, tells us that this land was without 
hum,an inhabitants, but that it was occupied by great num- 
bers of kangaroos and emus, which at evening came down 
to the shores to quench their thirst with salt water, since 
fresh water was hardly to be had on the island. 
During the stay of the expedition at this island three 
of these emus were caught aliA^e, taken on board ship, and 
at length reached Paris in safety about 1804-05. One of 
them was deposited in the Jardin des Plantes, and two 
were sent to the residence of the Empress Josephine. 
At the time that these emus were discovered on 
Kangaroo Island it was not supposed that they were 
different from the bird of New Holland, which is so 
common and so well known. This was found out verj'. 
much later; too late, indeed, to secure any more speci- 
mens. For when. South Australia was colonized a settler 
took possession of Kangaroo Island, and naturally enough 
regarding the kangaroos and the emus as nuisances he 
exterminated them; and so when naturalists .sought for 
new specimens of the little emu, none were to be had. 
For many years only two specimens were known to be pre- 
served. The discovery in Florence adds a third, and these 
three are unique. 
SNAP SHOTS. 
That letter from Dr. Kalbfus, secretary of the Penn- 
sylvania Board of Game Commissioners, merits sympa- 
thetic attention. Pennsylvania has a Game Commission 
of seven members, and intrusts to them important inter- 
ests, but expects them to serve without salary, pay their 
own expenses, and find their reward in the consciousness 
of ptiblic service well done. This may have passed in the 
days of beginnings, but in these times a game commis- 
sioner who does all that is expected of hitn and does it 
as it should be done earns something more substantial 
than the liberty of paying for the privilege. Dr. Kalbfus 
and his associates are entitled to respect and gratitude for 
serving their fellow citizens in this capacity. At the next 
session of the Legislature we may reasonably look for 
an appropriation for the work of game protection. Mean- 
while local sportsmen, whether as individuals or clubs, 
must take the initiative and constitute themselves agents 
for the enforcement of the law. 
Dr. T. S. Palmer, of the Biological Survey, has pre- 
pared as Bulletin No. 12 of the Survey publications a 
report on legislation for the protection of birds other 
than game birds. It presents a summary of the legisla- 
tion in force in the several States for insectivorous and 
other useful birds, which constitute, as Dr. Palmer points 
out, 80 per cent, of all the birds of North America, where- 
as 90 per cent, of the legislation for the protection of 
birds has been enacted for the benefit of game birds. One 
interesting subject discussed in the paper is the classifica- 
tion which has been adopted as birds of game; and this 
portion of tlie report we print in full elsewhere. 
To Judge O. N. Denny, who died at Seaside, Oregon, 
on Sunday of ihis week, the sportsinen of this country are 
indebted for the introduction of the Mongolian plieasant 
into America. It was while he was Constil-Genera! at 
Shanghai, under President Arthur's administration, that he 
sent to Oregon the parent lot of pheasants from wluch 
th§ stock has descen4e4, 
