410 
FOREST AND STREAM. 
The season for tarpon fishing around Sabine Lalce is 
comparative!}' short, beginning af.er the fresh water has 
stopped running out in July and August, and ending with 
the coming of the northers in October. I shall probably 
never go again to this place for tarpon fishing, but if my 
work takes me there I shall carry along an outfit and 
have another try. There is one point about this locality 
that it would not do for me to forget to mention, viz., 
that there is a really first-class hotel at Sabine and another 
at Port Arthur. Good boa. men, however, are, or were, 
scarce, those that I picked up wanting to be at anchor 
most of the time, and one of them getting half drunk 
while out on the gulf. Perhaps, though, Mr. Craig has 
broken in some of ihem so ihat they now know how tO' 
row for tarpon fishermen. 
There is a tarpon fisherman at Houston, Texas, whose 
name I have forgotten, from whom I would like to hear 
concerning the fishing waters in his vicinity, and I feel 
sure that at or near Brownsville, Texas, there must be 
fine trapon fishing, perhaps during the entire year. It is 
possible that I shall succeed in getting some sportsman 
at that place to discuss this paper and tell all about the 
sport in his locality. 
Concerning the tarpon fishing in Florida, I know noth- 
ing except from hearsay, but I judge that it will not 
compare at all favorably with that at Aransas Pass and 
Tanii)ico. It is to be hoped that some of the Florida 
fishermen will come forward and give us the benefit of 
their experience. 
Between Sabine Pass and Florida lies a long stretch 
of coast line, and there must be tarpon along it, but I 
■have never heard of any being caught there. Maybe 
someone else, though, knows something about it and will 
fell thereof. 
Again, I have heard that there are tarpon along the 
coast of Cuba, but have never learned of anyone catching 
any there. Pos.sibly some other sportsman knows. 
To what distance north along the Atlantic coast of 
Florida the good tarpon fishing extends I would like to 
know, as well as how far north in ;he Atlantic the tarpon 
has yet been found. Docs the fish exist anywhere else 
than along the .American coast of the Atlantic and that 
of the Gulf of Mexico, for instance in the Pacific Ocean? 
And now for a few questions that I would like Mr. 
C. K. B., the Galves'on fisherman, to answer: 
First — Can one obtain at G. first-class boatmen who 
are accustomed to row for tarpon fishermen, and what is 
the charge per day for boat, boatman and bait? 
Second — What are the facilities for beaching the fish, 
or does one have to take them into the boat? 
Third — ^About what percentage of the time during the 
fishing season is it practicable to fish, and how many 
days per nioiuh are too stormy? 
Fourth — Is there any special danger of one's skiff 
being swamped? 
Fifth— Is the current between the jetties at any time 
too strong to row against? 
Sixth — -Are tarpon to be had every day in the season, 
or is it only once in a while that they come in? 
Seventh — Does the water ever get too muddy for fish- 
ing; ai^d if so. how long does it generally remain so? 
Eighth — What are the facilities for obtaining mullet 
for bait? 
Ninth — Ts there likely to be much trouble from inter- 
ference by sharks? 
Tenth — How late in the season does the tarpon fishing 
generally last? In my opinion it should not finish before 
the middle or end of October. 
In concluding this already rather long x^aper, I desire 
to urge once more the tarpon fishermen of America to 
take part in its discussion in order to make more popular 
the sport of tarpon fishing, compared with which all 
other fishing, unless it be for the tuna, is tame. 
It is likely to be some months before I can write the 
next paper of the_ series, viz., that on ''Tackle and Out- 
fit." and .by that time I may have some more fishing ex- 
perience to relate. In the meantime I hope to see this 
paper evoke a large and valuable d'scussion. 
J. A. L. Waddell. 
Pop-Squash. 
Editor Forest and Stream: 
You will probablv wonder who. where or what is Pop- 
Squash, but if so it will be a confession that you have 
never visited that natural home of the small-mouthed 
black bass, the Great Back Bay of Lake Champlain. 
This bay, as you know, lies on the eastern shore of the 
lake near the north end. just below the Canadian border. 
What the future of this bay is to be is a problem, wh'ch 
must be settled in the very near future, and that by the 
joi'-'t artion of Canada, Vermont and New York. 
The bav proper is abou'- fifteen mi'^es long, and extends 
wos*erlv from the main Vermont shore some six miles 
to Hero Island, in the same State. The water in many 
places is over a hn"d''pd feet in denth. and the wall-eved 
pil.-e ^vbich find their best sr>awn'ne" ground north of the 
Canadian line abound durincr the suminer in th-^se deep 
waters ar.r! are taken freely by those who like deep 
wa'er fi'^hing. 
The b'ack bass he-re are sa'd to he rinntinanv inlelli- 
frcnt. and a <;torv is told about them which T w'n elve for 
the fpasnn that the Irad'Ho"'; of ^ nlar^ should be given 
for "-tint thev worth, rind which is a« foHowq: 
"Ali^'nv vpf)r«; ^rrr, fhp lar"-p.Tnnntliod blnrV bass wfre 
vprv ?bi/nri3r.+ ip S"". AHiaus Bav and some o^-hpr waters 
b-incf on the Vp'-tnonf- sbore. '"st S'^"th of the Great Bnrk 
P-iw. b'^*- 5)t t'^^'' time thp F'^b foiimissinnprs of the 
gt^fp of ,Npw YorV tt-TOllcrh S-'tti (%rppr\. undprfnotc to 
str><-v tbp ti'atprc nf ^hp ^J+n^s M-i'Mi Mack bass, and it was 
V''*' a rp^1 "Of borti of knowledge.' 
"T^t- fTp"cl-''5l1 In h's ?H»n'rab'p bf*>oVi; on ♦^''"^ b'^ck 
bnoe crivpi; flip -sr-pw.!; of manv nprcons; -(urbo r'^im fhat 
fb" 1i-»vo_rr'0"*^'<p'' V>i>er rrb-p n« rrriArl <!«->n'-t a<; flip ^mall- 
mo"'''pd -5>"d hp b'rri'p^f rtpartv ifdor<!p>; fhoco v^i^w"?. 
"TKic rtT^t"''iri ennrrit: to bnvp bppri p-nfo^-fntTio/^ bv *!pt1l 
fTrpnri ni'd tbp T<?e1i PoT>irn'«^<?'oM»ir'! rf ftils Cf-ofp, for it 
{c rtn'nrioi"! ♦b'^t tVlocp anolvinor for Ko5c; ti^vp b'<Pn 
f^Vi'Irrnd to t^it-p both t-"rir(c; Of fion" nt rill ^It't'oinvb thc 
gpT,M n-<r>"«Vpf? o"br ^n'prp anobpfl f'^r or r?pc?rp4, 
"XToiv tbp trarl'tthn is tb^'' coo" tbp T^rorp.Tvinii'fiof^ 
'h-.cf '-n fbpBp Tij»'i-^bii« ws^'fTs l^pjird nf tbp p-ifp'^p'^mortv 
bi"b foiror vt'hh which the"" Were «o reenMed thev m<- 
grafed to that pprtion of thg mUh^fP fl?4 oi the Iske 
lying near Rouse's Point, on the New York side, to show 
their appreciation of the favor in which they are olticially 
heJd in this State. It is also asserted that they are very 
safe and happy there, as they are not often fished for." 
But this is not what I staited to write abont. About 
six miles from St. Adsans is the old fishing retreat known 
to the U. S. P. O. Department as "Bay View House," 
but to the angler as ■'Sampson's," situated right on the 
shore of the bay, which abounds in shoals and reefs. 
The fish were evidently disturbed this year by the heavy 
blasts attending the construction of a new railroad on 
Hero Island, which drove them constantly into deep 
water, but this will not occur in another year. 
Some two or more miles north of the house a peculiarly 
shaped rock some three hundred feet from east to west 
by two hundred wide rises abrupdy out of the lake to 
a height of about thirty feet, and this bears the dignified 
name of "Pop-Squash," Extending from it are a couple 
of bars or reefs, and they usually furnish excellent sport. 
I did not try these grounds on my first trip, but reserved 
what I hoped would be my best day's sport until my 
second one, and selected my last fishing day. 
The day promised to be delightful. We started in a 
fairly brisk south wind, but before w'e reached the ground 
it had increased to a gale. Angling was out of the ques- 
tion, and we drew up our boat on the lee of the island. 
Some disgruntled angler must have met a like fate before 
me, for I found a nook in the rock where he had found a 
place m which to lie, and where he had put a stone for 
a pillov^, and following his example I lay down and went 
to sleep, my oarsman doing the same, and we slept till 
the middle of the afternoon, only awaking to get our 
lunch. 
The wind was then abating, but it was the calm before 
the storm, for after angling for about ha'f an hour a 
fierce thunder shower drove us to the shore, some half 
a mile d'stant. where we found refuge in a frame house, 
and which was spared by the lightning which struck 
near by, and then we puUed for home against an in- 
creasing gale, and in another storm. 
Did I catch any bass? Oh, yes. but the catch was 
limited. It consisted of two fish, and as one did not weigh 
over a poimd, half of my catch was returned to the lake. 
And the retrospect of that day? It is delightfhl; an 
anelers bfe is alwavs ftill of lights and shadows, and the 
right is ahvays bne-hter by reason of the shadows. 
There is an exhilaration in danc'ng over the water in 
a I'ght boat when the waves are high and the lake is 
ronsrh; in racin.g with a thunder s'^orm for a place of 
refusre'. and then watching the storm break over the lake 
and the hit^h mountains bevond, and then seeing the 
sun break forth and reveal in the eastern sky a double 
bow of promise for a clear morrow. 
It is not all of angbne to fish, and the person who thinks 
so knows but little of the true angler's greatest pleasures. 
The success which I expected is only a pleasure deferred, 
for if I am fortunate enough to vis't the Great Back Bay 
in another year, mv first riav will be spent on the bars 
and reefs and shoals at Pop-Squash. 
J. S. Van Cleef. 
POUGHKSEPSIE, NoV. 12„ 
The Fisherman's Dteam. 
Crackt.ed the logs to a tnerry tune. 
Twisted the arrowy toiifiruca of flame; 
Over the carpet the shadows stole. 
And leapt from waiscot to curtain pole. 
The tempest without eddied and whirled. 
Shuddered the dog, on the hearthrug curled. 
Yawned a fisherman, not very old, 
Muttered, and loUed in his easy chair; 
"Oh, it's just my lurk!" reflected he, 
And grazed at the ceiling absently. 
Despite his very persistent zeal, 
He never managed to fill his creel. 
Rattled the windows, and creaked the doors, 
Ticked the old clock in the dim-lit hall; 
Wearv of thinkine, and vexed of soul. 
Dazed by the shadows that round him stole, 
Languor over the fisherman crept. 
Weighed on his eyelids, so that he slept. 
Kippled the water and pJayed the breeze. 
Warbled and chattered the feathered throng: 
Never yet had the fisherman seen 
Such wonderful fi.=h in pond or steam; 
Siich wonderful fish that simply took 
Whatever bait he put on his hook. _ _ 
Doubled the rod, and quivered the line, 
Darted the float on its downward way; 
Over pnd over the beauties rolled. 
And fla'^hed their aides in the sunshine .gold. 
Shvness or craft they seemed to have none; 
Never, T ween, was such splendid fun ! 
ChucWd the fisherman merrilv. 
Gathered the sweat on his youthful brow; 
Strewn nnd flonnins about on the gras.=: 
W^re sperimpn fish of everv class. 
When. In! his line, it suddenlv brn1ce> 
Cursing his luck, the fishertnan. woke. 
SmoTildpred the los-s on the di.«nia1 hearth, 
■E'-hopf'l the so^itarv midniwht hour. 
M^rvpi'np' much at the tbino-"; he'd seen. 
;^^n(-+pr;ne' oft. and thnufhtfnl in mien, 
The •fishermpn sat .ind mused awhite. 
Then over his face there crept a stnile. 
"^.i-oiiprS tl-io Ifliichtpr srid roUiVVfnfr sone, 
l^^'ntr'"!^. *V<p ipet snd sn'^rtsmpn's tale: 
c1''>r,+;r.a1 cot^e. and rottipr cold. 
Thp whiV t^p r?=h vnune' fi^l'prman told 
Of sfiprt hp'd hfd in a eertsii stream, 
Nor uttered, ■n '^'ofd about a drpam. 
— Phil Sansom m London Fishing Gazette. 
Thf Tr>vi>^r awt» Stwf^w is T>"t t" rtrfse earh weeV an Tuesday. 
Cfirr««Tt'nn^*^f'e \nif^At-A for pnbtieatton rfietild Veacli tis at tlje 
Possession in Close Time* 
Tfac People vs. Buffalo Fish Company, Lt. 
Following is the full text of the decision of the Appellate Court 
of New York in the case of People vs. Buffalo Fish Company, Lt., 
referred to in our editorial page.. 
Elon R. Brozvn for appellant. The Legislature has 
power to prohibit the possession of fish or game during 
the close seascpn, as a police regulation for the better 
protection of fi,sh and game, and such power is not in- 
consistent with the provision of the Federal Constitut.on 
in regard to interstate or foreign commerce, or the provi- 
sion of the State or Federal Constitution for the protec- 
tion of private rights of property. {Fhelps v. Racev, 
60 N. Y. 10; Bclloivs V. Elmendorf, 7 Lans. 462; People 
v. Gerbcr, 92 Hun. 554 ; N. Y. Assn. v. Durham, 19 J. & 
S. 306; Laxvton v. Steele, 119 N. Y. 226; 152 U. S. 133; 
People V. Doxtater, 75 Hun. 472; Geer v. Conn., 161 U. 
S. 519; Organ v. State, 56 Ark. 267; Ex parte Maier, 103 
Cal. 476.) Limitations of property rights m fish and game 
have exceeded the limitations of such rights in all other 
chattels, because fish and game have always been held 
to belong to the State in trust for the people of the State. 
(Organ v. State, 56 Ark. 270; McReady v. Vtrg.nia, 94 
U. S. 391; State v. Beal, 75 Me. 289; Gentile v. State, 
29 Ind. 409, 416; People v. Bridges, 142 111. 30; State v. 
Roberts, 59 N. H. 256; State v. Tower, 84 Me. 444; Com- 
momvealth v. Manchester, 152 Mass. 230; 130 U. S. 240; 
Chambers v. Church, 14 R. I. 398; Allen v. Wyckoff, 48 
N. J. L. 90.) 
William L. Marcy for respondent. The statutes in 
question violate and infringe upon the commerce clause 
of the Constitution of the United States. (Const, of 
I?. S., Art. I, Par. 8; R. R. Co. v. Husen, 95 U. S. 465; 
State Freight Tax, 15 Wall. 232;Ward v. Maryland, 12 
Wall. 418; IVelton v. State of Missouri, 91 U. S. 275 ; 
Henderson v. Mayor, etc., 92 U. S. 259; Chy Lung v. 
Freeman, 92 U. S. 275; Scott v. Donald, 165 U. S. 58; 
Walling V. Mi-chigan, 116 U. S. 446; Boivman v. C. & 
N. W. Ry. Co., 125 U. S, 4,6^; Leisy v. Hardin, 135 U. S. 
100.) The statutes in question work a destruction of 
property and defendant is deprived of its property without 
due process of law. (Colon v. Lisk, 153 N. Y. 188; 
Foster v. Scott, 136 N. Y. 577; Davidson v. New Orleans, 
g6 U. S. 97; People v. Gillson, 109 N. Y. 389; People v. 
Hazi'kins, 157 N. Y. i; Magn^r v. People, 97 111. 320; 
Collins V. New Hampshire, 171 U. S. 30; Davis v. Mc- 
Nair, 7 Cr. L. Jour. 213.) The effect of the determina- 
tion by this court that the fish and game laws of this 
State arc unconstitutional so far as they prohibit the 
possession of fish lawfully purchased in Canada and 
brought within the State, does not invalidate and destroy 
the force or effect of the Game and Fisheries Act in this 
or other States, but the scope of these laws is limited to 
fish and game caught or killed within the boundaries of 
the State. (Schollenbergef v. Penn., 171 U. S. i ; Powell 
V. Penn., 127 U. S. 678.) The object of importation is 
sale; it constitutes the motive for paying the duties; and 
if the United States possess the power of conferring .the 
right to sell, as the consideration for which the duty i.* 
paid, every principle of fair dealing requires that they 
should be understood to confer it. (Schollenberger v. 
Penn., 171 U. S. i.) 
O'Brien, J, The statute of this State for the protec- 
tion of fish and game forbids any per.son, under pain of 
indictment and civil penalties, to either "catch, kill or 
be possessed" of certain fish named during what is called 
the close season therein prescribed. The defendant had 
in its possession during that season three different kinds 
of fish described in the statute, and this action was 
brought to recover the penalties denounced against of- 
fenders for violation of the law. The defendant in its 
gtnswer alleged that its business is dealing in fresh fish 
on an extensive scale, and for that purpose maintams 
stores in various cities of the State ; that it purchased the 
fi.sh in question from dealers in Ontario and Manitoba in 
Canada, imported it into this State for sale at Buffalo 
under the revenue laws of the United States, paying the 
duties thereon ; that in so doing it was lawfully engaged 
in trade and commerce. The plaintiff demurred to thi.s 
answer, thus admitting the facts, and insists that in law 
they do not constitute a defense. The courts below held 
that the demurrer was bad and that the facts constituted 
a good defense. 
't he appeal presents two questions : First, with respect 
to the true meaning and scope of the statute, and, 
secondly, if it means what the plaintiff insists it does, with 
respect to its validity. I think that the statute is valid 
when reasonably and fairly construed with reference 
to its purpose and object. It is a penal statute, and, there- 
fore,, not to be enlarged by construction or applied to 
cases not within the intention. We all agree that the 
purpose was to protect fish within the waters of this 
State. There is absolutely no room for disagreem.ent on 
that point. The Legislature had no interest or purpose 
to protect fish in a foreign country or in some other 
State, and had no power in that regard. Statutes^ should 
be construed, if possible, so as to avoid absurdity and 
manifest injustice. (People v. Jaehn-e, 103 N. Y. i8i2.) 
They should receive such construction as to render them 
practicable, just and reasonably convenient. (Roscn- 
placnter v. Roessle, 54 N. Y. 262.) They should be con- 
strued to avoid, if possible, const'tutional restrictions 
and understood in a sense within such limitation^, rather 
than in conflict with them. {Sage v. City of Brooklyn, 
89 N. Y. 189.) Their validity must be determined solely 
with reference to constitutional re^trieti'-ins, and not by 
natural equity or justice. (Bertholf v. O'Reilly, 74 N. Y. 
509.) The statute in question does not in terms or by 
any reasonable implication, forbid a person to "catch k'll 
or' be nosse«sed" of fi<^h in a fore'sn country. We all 
agree that our statute does not forbid a person to "c^tch 
or kill" fi>;b of any kind in Man-toba, but it is ?aid f-iat 
when one br'nsrs the fish so caught or killed into this 
Stntp the penalties of our statute attach to him at once. 
With all rfsnect T am constrained to sav that this \- not 
a t-oaconfiblp or triVnblp ?nfprnr'=fa*'ion r» n<>nal =ta*^ijte. 
What it mean's and all it mer»n= t« to fnrb'd nnv nrrs'^n to 
eatrb. ki^l or be T«^<!sesFP<S of thp <i=b descr-'bod fr'-^m the 
waters of this S*ate. Tlhe word "posspsi^ed" ohvinnsly 
ypfer^ %q thPS§ fisfi tfjp catching or kplin^ of whi9h is 
