f6hest_ and^ stream. 
SB 
the generality of the principle they are used to expound, 
and yet they are definite steps to precision and useful- 
ness of definition, when connected with the facts oi the 
cases in which they are employed. With these for illus- 
tration it may be safely said that the rule prescribes no 
rigid equality and permits to the discretion and wisdom 
of the State a wide latitude so far as interference by this 
Court is concerned. Nor with the impolicy of a laAV has 
it concern. Mr. Justice Field said, in Mobile County vs. 
Knnball, 102 U. S.. 704, that this Court is not a harbor in 
which can be found a refuge from ill-advised, unequal 
and oppressive State legislation. And he observed in 
another case: 'It is hardly necessary to say that hard- 
ship, impolicy or injustice of State laws is not neces- 
sarily an objection to their constitutional validity. The 
rule therefore is not a st^bstitute for municipal law; it 
only prescribes that that law have the attribute of equal- 
ity of operation; and equality of operation does not 
mean indiscriminate operation on persons merely as such, 
but on persons according to their relation. In some cir- 
cumstances it may not tax A more than B, but if A be 
of a different trade or profession than B it may. And 
ni matters not of taxation, if A be a different kind of 
corporation than B it may subject A to a different rule 
of responsibility to servants than B (Missouri P. Ry. 
Co. vs. Mackey, 127 U. S., 205), to a different measure 
of damages than B (Minneapolis & St. L. Ry. Co. vs. 
Beckwith, 129 U. S., 26); and it permits special legisla- 
tion in all of its varieties. Missouri P. Ry. Co. vs. 
Mackey, 127 U. S., 295; Minneapolis & St. L. Ry. Co. 
vs. Herrick, 127 U. S., 210; Duncan vs. Missouri, 152 
U.^S., 377. 
■'In other words the State may distinguish, select and 
classify objects of legislation, and necessarily this power 
must have a wide range of discretion." 
The United States Supreme Court, as well as nearlj' 
all the courst of last resort of the different States where 
the question has been determined at all, have decided that 
the constitutional provision in regard to due process of 
law and equal protection of the law have no application 
to cases involving the exercise of police power, partic- 
ularly in regard to the protection of game and fish. The 
courts of inferior jurisdiction which have held other- 
wise, notably the United States Circuit Court for the 
Ninth Circuit, in the District of California, in one case, 
and in the District of Washington in another, you have 
already in your columns clearly and ably demonstrated 
to be in error both on principle and authority. 
The decision of Judge Hanford in the Davenport case, 
which is the one from the District of Wasliington alDove 
referred to, is clearly, I submit, based on false premises. 
He has assumed, and based his decision on the assump- 
tion, that the quail in question were taken in Missouri at 
a time when by the laws of that State such taking is law- 
ful. And while there seems not to have been any proof on 
that point, the fact is, as I gather from the law of Missouri, 
that, while it is permitted to transport beyond the limits 
'of that State game lawfully taken there, yet in this case the 
quail in question being charged as being in the possession 
of the defendant at Spokane, Wash., on March i, 1900, 
and tile closed season for quail in Missouri being from 
Jan. I to Nov. i, it might have rather been assumed that 
they were unlawfully taken in Missouri, and that being so 
their transportation was also unlawful; and that being 
so the foundation on which the decision rests falls ; but if 
it be admitted that the Court in the absence of proof will 
not assume that a thing done is unlawful, then pfoof of 
the laws of Missouri should have been made; and in the 
absence of such proof the Court must assume, under an- 
other well-known rule of law", that the laws of Missouri 
on that subject were the same as those of Washington, 
and under the laws of the latter the offense was clear. 
Furthermore, it was for the Legislature, and not the 
Court, to say whether or not the provision of the law of 
Washington in question was necessary for the protection 
Df its own game. This has been so often decided, not 
pnly by the State, but also by the Federal Courts, that it 
is beyond question. The very late case of L'Hote vs. New 
Orleans, already referred to by me, is conclusive on this 
point; but even if the courts can consider this question, 
which I deny, still that such a law as the one in question is 
lecessary is demonstrated constantly and everywhere, and 
S a part of the common knowledge on the subject of 
pme protection. This has also been recognized in the 
rules adopted by the Department of Agriculture for the 
mforcement of the provisions of the Lacey Act, and was 
;o declared by the House Interstate Commerce Committee 
n its report on the Lacey bill. While the learned judge 
was correct in saying that the Geer case did not hold 
^pecificalljr, that a State could prohibit the traffic in game 
awfully purchased or otherwise lawfully acquired in an- 
Jther State, it is equally true that the Court said enough 
lot only in that case, but in other cases, to convince any 
mbiased and impartial person that it would so hold 
ivhen the question came before it, as well as holding that 
f the game was unlawfully taken or transported the State 
nto which it is brought could make the possession thereof . 
I crime. 
These two Western cases are not perhaps of very great 
mportance, but so long as they stand unreversed they 
urnish aid and encouragement to violators of game 
aws. Joseph B. Thompson. 
Nbiv York. 
I know something of the camel, having camped for 
rights with three of the brutes gurgling and groaning 
vithin a few feet of my bed, and a spell of close com- 
)anionship at the edge of the desert has not in any degree 
ncreased our mutual respect. The camel certainly has 
lot yet had its fair chance, and should not hastily be 
udged, for the Arab, its master, makes slaves, not friends, 
)f those who serve him. But I doubt, all the same, 
vhether the camel, even when taken young, has any 
asting susceptibility to kindness, and if a trainer can 
succeed in inducing one to waltz or pirouette on its hind 
egs I hope I may be present at the first performance. 
Moreover, conscience might rest fairh' comfortable on the 
rount of cruelty, for the camel can survive a good deal of 
•igor, and I have seen the brutes, after a fearful flogging 
'rom their drivers, sidle peacefully away to a fence of 
Dricklv pear and remove it to their insides in an in- 
rredibly short time. — ^F. G. Aflalo in Fortnightly Review. 
Jft the list of good things in Wooderttft in out adv. cols. 
Lost in the National Park. 
The Livingston, Mont., Post of July 19 gives this 
account of the experiences of a man lost in the Yellow- 
stone Park: 
"Weakened from continued exposure, haggard from 
his efforts to escape from the creatures of a disordered 
mind, trembling with fright and pale with fear, having 
been for five days without food, emaciated from loss of 
sleep, C. C. H. Smith was found Monday after a force 
of men had scoured the country for days in search of 
him. The story of the experience he passed through is 
one which has been related of few men who lived to bear 
witness to their hardships and the fearful ordeal through 
which he passed is one that for awful detail has not 
been equaled in the history of Montana. 
"On the 5th of the present month C. C. H. Smith, accom- 
panied by his mother and Miss Snider, a friend of Mrs. 
Smith, left Gardiner for a trip through the Park. The 
tour was completed without incident, and the party re- 
turned to Indian Creek, seven miles south of Mammoth 
Hot Springs, last Thursday. Here thev made camp for 
the night and proceeded to set up their tents and make 
their last stay in Wonderland, prior to their departure for 
their home in Tom Miner Basin. While the matters 
about the camp were being arranged, the horses belong- 
ing to the party strayed away, and Mr. Smith left the 
camp, telling the ladies that he was going to search for 
the animals and that as soon as he found them he would 
return. That was the last seen of him bv any human 
being until the following Monday, when' he was dis- 
covered by a stage driver, nearly dead from exposure 
and fright. The two ladies waited for some time for the 
return of the head of the party, and finally Miss Snider 
werit out to see if she could discover some trace of Mr. 
Smith. In this object she was unsuccessful, but she 
tcund the horses, and returned to camp with them, ex- 
pecting that Mr. Smith had preceded her there. On her 
arrival at the camp she was surprised to learn that no 
trace oi Smith had been seen, and that he had not re- 
turned. Still the ladies were not much alarmed, think- 
ing that on his hunt for the horses Smith had strayed 
further from the camp that he thought and that he 
\yould undoubtedly return shortly. All night long the 
two women waited, and as the hours came and went they 
began to worry for fear that all was not right with the 
missing man, and a horrid fear that he had become lost 
in the timber began to assert itself. The time dragged 
along until the early dawn, and still no trace of Smith 
appeared. The fears of the two ladies grew in intensity, 
and they became so thoroughly frightened that they gave 
the alarm to the soldiers at the fort, and a party was made 
up to search for the missing man. Soldiers and scouts 
searched the country round about the camp for four days 
without discovering any trace of the missing man. Sun- 
day they gave up the search, believing that Smith was 
dead and it were folly to continue the hunt longer. In 
(xardmer there were many friends of the missing man 
who did not believe in abandoning the search, and they 
formed a party to find him. The party was headed by 
Tom Newcomb, and John Dewing, Clarence Ryerson, 
Henry Fitzgerald and a man named Brown were the 
other members. The party left Gardiner at daylight 
Monday morning, fully determined to continue the 
search until the mystery of Smith's disappearance was 
solved. They searched all the day, but were unsuccessful 
It remamed for a man named L. L. Stratton, who drives 
a team for the Wylie Camping Company, to solve the 
mystery. Strafton was driving along the road about a 
mile south of Indian Creek, and but a short distance 
from the camp from whence Smith had disappeared, and 
he came upon the missing man. Smith was off from the 
road some little distance and w^as running about in a 
circle. He saw Stratton just as the latter caught sight of 
him. A hunted look was in the eyes of Smith, and he 
started as fast as his enfeebled condition would 'allow to 
escape. Stratton folldwed him and overtook him. He 
struggled to get away, and his captor was obliged to 
summon assistance from a couple of men who were driv- 
ing a beef wagon along the road. The three men put 
Smith into a wagon and took him to Gardiner. On the 
way he made several attempts to escape and had to be 
held in the \vagon. He seemed afraid, but did not at- 
tempt to injure any one, merely manifesting a desire to 
get away. 
"Arriving at Gardiner, Smith was taken charge of by 
S. M. Fitzgerald, an old friend, and taken to Cinnabar. 
Plere he began to grow quieter, and he rested somewhat 
His mind began to return to him, and he told a discon- 
nected story of his wanderings. The peculiar hallucina- 
tion of which he was possessed was that he was being 
pursued by men who were trying to kill him. He avows 
that he w-as chased by men, who kept shooting at him 
every little while. He says th.at they had a small cannon, 
and that they would fire at him every few steps he took. 
He says that his mother sat by a tree writing all the 
while, and that .she was as cool as if nothing were hap- 
pening. He became convinced that the object of his 
pursuers was to kill and then rob him, and to frustrate 
at least one part of their plan he took off his watch and 
chain and threw them away. The watch he flung one 
way and the chain he threw another. He had some 
money on his person, and this he also threw away. He 
thinks that he traveled a great distance, but in fact he ran 
about in a small circle, wearing the grass off from the 
ground until it was perfectly bare. He was absolutely 
without food of ai^y kind for the entire five days. He 
says that he did not eat any berries, but that he lived on 
tobacco. He says that tobacco is a great thing, and is 
of the opinion that it alone prevented him from starving 
to death. Acocrding to his own statement, he slept five 
minutes every hour, but from the haggardness of his ap- 
pearance it is doubtfid if he slept at all. 
"Monday evening Mr. Smith came to this city with 
S. M. Fitzgerald. He seemed rational enough then, but 
was weak from the shock to his nerves. Tuesday morn- 
ing, after he had rested here during the night, he be- 
came more than ever possessed of his scattered faculties, 
and so far recovered from his nervousness that it wa.s 
apparent that the recovery of his perfect health was but 
a matter of a short time. Dr. R. D. Alton examined him 
and it is his opinion that , Mr. Smith was the victim of 
extreme nervousness. Mr. Smith will return to his 
ranch in Tom Miner Basin, and will in all probability re- 
cover entirely from his terrible experience. His won- 
derful vitality asserted itself here, and the change that 
took place in him was almost miraculous. When he 
alighted from the Park train Monday evening he trembled 
and could not walk without staggering. A night's sleep 
and care changed all this, and Tuesday morning he 
looked as well as any one. His nerves became settled 
and he became himself again, apparently none the worse 
for his experience. His many friends here and else- 
where in this county will be more than pleased to learn 
that he has recovered from the nervous disorder which 
affected him, and that he will undoubtedly carry no ill 
effects as a result of his five days' fast in the Park." 
CHICAGO AND THE WEST. 
Where to Go for Prairie Chickens. 
Chicago, III., July 28.— While in Minnesota recently I 
took oains to make inquiries regarding the prairie 
chicken crop of this year, and endeavored to obtain the 
names of localities where the shooting promises to be 
good this fall. Every year a great many inquiries come 
into this office for good chicken country, and there are 
few iriquiries more difficult than these to answer satis- 
factorily. A locality which is good a month before the 
opening of the season may be shot out by the time the 
legal date for shooting has arrived. I am aware that in 
giving the advices below the information comes pretty 
early m the season, yet it must be early to be of much 
service to those who plan a chicken trip from a long dis- 
tance. All such will know that they take their chances in 
any such trip, and that the information is given only 
upon what is certainly the safest advice obtainable, and 
jiear to the grounds in question. 
There is no doubt whatever that this is a good chicken 
year in Minnesota and the Dakotas. The weather has 
been extremely favorable. The birds nested very early and 
they have met with no conditions since spring to keep 
them from prospering. The legal date of Sept. i is 
going to be a very late one this year, so far as easy 
chicken shooting is concerned. The birds were plenty 
strong enough last week to fly in the North Dakota 
country. By the middle of August they will be prime, and 
by the first of September they will be big enough to keep 
out of the way pretty well. Ten days' time makes a heap 
of difference with a young prairie chicken. South 
Dakota, which opens the season ten days earlier than 
Minnesota, will get a large number of shooters from that 
State and other parts of the country, and one would not 
be surprised if some of the heaviest bags were reported 
Any one intending going to South Dakota for chickens 
might do very well to try Ellendale, Webster or Mill- 
bank. He should work to the north of Millbank. These 
towns at this writing are in the center of a rattling good 
chicken crop. 
For North Dakota, Larimore and Pembina are good 
tips this year. The country west of Grand Fork'^ has a 
good many birds on it at this writing. 
Southern Minnesota still has some birds, but is set- 
tling up very fast. Further north in the State there will 
be birds this fall on country which for two or three years 
ha.s been reported poor. At this writing there is a grand 
chicken crop m the country near Bird Island, Hector 
and Sacred Heart. The slough country near Sleepy Eye 
^u^Td- Falls has a good crop this year. The 
ihief River Falls country, opened up not very long ago 
i.s stated to be good this year. One must expect grouse 
shooting chiefly m that country. For prairie shooting 
one will do better to go to Hallock, Ada or St. Vincent 
I get the above advice from a gentleman thoroughly ' 
posted on the Northwestern shooting regions whose 
^ j,''"^ Minneapolis. He adds that I may state un- 
qualifiedly that shooters who go out with good dogs this 
season will .get chickens. 
My friend Mr. Neal Brown, of Wausau, Wis. last 
September introduced me to a new chicken country that 
near Bagcock, Wis. This is in the mar.sh country and the 
pme forest slashings, where a few ragged farms are to 
be found. Near Babcock and Necedah there will be a 
great many birds this fall, and if you want to see shoot- 
ers just watch the trains of Aug. 31, north of Chicago 
and Milwaukee. The chicken hunters go out Sept i 
absolutely m hundreds. 
As to the prairie chickens in IlHnois, I think the 
situation i.s much as it was last year. There are a few 
birds usually in country which has been protected. My 
tnend Mr. W. A. Powel has given me a standing invita- 
tion to come and shoot chickens with him and if I get 
to kill a chicken this year it will probably be in the 
goodly land near Powelville. I should not feel like 
advising any one to come from a distance to hunt 
prairie chickens in Illinois, though without doubt the 
tew hrst days of the season will see about as big bas:s 
made in this State as anywhere in the West. 
Seizure of Song Birds. 
•State Game Commissioner Harry W. Loveday, with 
Deputies G R. Ratto and M. H. Edinborough, this week 
visited all the bird stores and taxidermist places in the 
central part of Chicago, and seized all the song birds 
which were there kept in captivity and for sale The 
-Audubon Society IS said to have encouraged this work 
Prof. Frank M. Woodruff, of the Chica.go Academy of 
Sciences, accompanied the officers and pointed out the 
.species of birds which are protected under the terms of 
the Illinois law. The officers seized a number of mock- 
ingbirds redbirds, robins, etc., and these were taken 
away. Later the birds were returned to their former 
ovvners for care pending the progress of the legal battle 
which will begin next week. The dealers claim the birds 
are not wild but tame, and say that most of them are 
shipped in from the South and not taken in Illinois 
Ihere IS an attempt made to create some feeling against 
the officers on the ground that they might as well search 
private houses and seize pet birds. 
Forest Reserve Fires. 
Reports from Kalispel, Mont., on July 25 Estate that a 
very vicious forest fire was rasring at that^ date in the 
western part of the Lewis and Clark forest reserve The 
Indians are said to have set these fires, over thirty of 
which are burning at different places up and down the 
river. The rangers have large crews of men out from 
