FOREST AND STREAM. 
day. It was the closing day of the season, when I and 
another boy were entering the wood, as he came out with 
his two splendid pointers and his game bag full of quail 
— for game bags were carried in those days. This was the 
woods where one day as I was out for pigeons, before 
the opening of the woodcock season, I came on a moist 
spot and saw three full groAvn woodcock probing the 
ear.h and walking about as if on dress parade. I left 
them undisturbed, but would now give a reasonable sum 
for a photograph of the scene. A stream, now no longer 
visible, ran through the woods in those days, and along its 
course the woodcock were to be found. A fringe of 
brush is nearly all that is left to mark the lines of Mer- 
chant'i Wood*. Cement walks have invaded the old 
ground, but the brush, as if contesting the right of man 
to intrude on the domain of nature, has overgrown the 
walks, and extends above one's head. I was making my 
way through it when a sound struck me that was not less 
agreeable than surprising. It came from the north and 
overhead. The source was not at first visible, but its 
character could not be mistaken, and I had just time to 
push through the bushes and reach open ground as a flock 
of Canada geese, chattering most melodiously, passed 
overhead, extending in a line from east to west. I 
chanced to have a glass wilh me, and it brought the great 
birds so close that their colors were distinguishalale. I 
succeeded m counting fifty of them before they bunched, 
leaving a few unreckoned. I hope that they reached 
Chesapeake Bay or Currituck Sound without accident. 
E. R. 
Rochester, N. Y., Dec. 29. 
The National Park. 
Capt. Geo. W. Goobe, Acting Superintendent of the 
Yellowstone National Park, has submitted to the Secre- 
tary of the Interior his report for the year ending Sept. 
24, 1900. The record shows that 8,928 visitors were in the 
Park in the season of 1900. Of above, 4,424 were camp- 
ing parties, and the others were carried by the several 
transportation and licensed camp companies. Capt. Goode 
reports: 
"The establishing of snowshoe cabins throughout the 
Park was an excellent step; they are most effective as a 
means of protection during the winter, the scouts being 
enabled to cover practically the entire reservation and 
penetrate to localities which would "otherwise be inac- 
cessible at a time when poachers are at work. 
"The civilian scouts do excellent work, and are indis- 
pensable to a satisfactory administration of affairs, as 
regards the protection of the game, etc. Their work, in 
conjunction with that of the local magistrate, has been, I 
believe, the salvation of the game up to the present time. 
These men know the country, and are trained woodsmen 
in all seasons, whereas the soldier, as a i-ule, is replaced 
before he has time to become proficient in such duties. 
Besides the work of the scouts and soldiers from Fort 
Yellnwstone, making the round of snowshoe cabins dur- 
ing the winter, the instructions for the detachments at 
the permanent stations require frequent scouting trips 
within their districts, so that the entire area of the reser- 
vation is under fairly effective surveillance during the 
hunting season and winter; without an increase in the 
number of scouts, however, it is impossible to prevent 
poaching. 
"The past season has been remarkably dry, nothing 
like it being known in the Park, and as a consequence 
the danger from fire was excessive. 
"Beginning on the first daj^ of dut}'^ at the stations 
Otily 22), my patrols were called upon to extinguish small 
fires frequently during the season in all parts of the 
Park where camping parties were found. Only three of 
the fires threatened to be of serious proportions: 
"One on the Soda Butte road, six miles west of Yan- 
ceys, Sept. 2. was set through the carelessness of a team- 
ster, and was extinguished by the men from Soda Butte 
station before it reached the timber. 
"One on the grade in Gardiner Caiion (east fork), 
about three miles from Fort Yellowstone, Sept. 3, pre- 
sumably started from a cigar or cigarette thrown down 
by a party passing over the road in a wagon, was held 
in check bv detachment from the post assisted by twenty 
roadmen from the force employed by Capt. Chittenden, 
Corps of Engineers. This fire was kept under control for 
about ten hours, and extinguished by rainfall the follow- 
ing night. 
"The most serious fire during the season was reported 
July 29, west of the Thumb, apparently near Shoshone 
Lake. My troop was not yet established in its new 
quarters when every available man was sent, as rapidly 
as possible, to the scene of this fire, where Lieut._ Amos, 
joined them Aug. i, and for about a month, with the 
as.sistance of men from the road crews furnished by Capt. 
Chittenden, Corps of Engineers, the fire was held under 
parfai control — depending always upon the condition of 
wind and the character of the timber growth — until timely 
rain and snow, Aug. 24, extinguished what remained. 
"This fire at one time threatened the destruction of the 
timber in the Park and the interruption of tourist travel. 
The high winds for several days were unprecedented, and 
the small force available for work seemed helpless to 
make any impression." 
"In comparing the conditions which existed at the 
tim.e the first military superintendent began his adminis- 
tration of affairs in the Park with those at the present 
time, the one change which stands out most noticeably 
is the presence of a local magistrate having jurisdiction 
within the reservation. 
"I was on duty with Capt. Moses Harris, First Cavalry, 
during the season of 1887, and know how much the need 
of such an institution as a local court was felt at that 
time. The Government is fortunate in having as its 
representative in this department a man so well qualified 
as the present commissioner." 
"I have the assurance of the scouts, who have seen the 
game at all seasons, that, with the exception of the bison 
(American buffalo), all varieties, including antelope, bear, 
beaver, coyotes, deer, elk, moose, sheep, and mountain 
lions, are increasing, notwithstanding that the antelope 
range in winter over the north boundary and the elk in 
the fall over the south boundary, where many of them 
are killed. 
"Owing to scarcity of feed the antelope will almost cer- 
tainly wander in large numbers across the northern 
boundary into the Yellowstone Valley, where their chances 
of getting back into the Park again are very few. 
It is for this reason, and because of keeping stock out 
of the Park, that the fence across this part of the boundary 
is so necessary. 
"Twenty-nine head of buffalo were counted by scouts 
last winter, and there were possibly ten more in the 
Park that were not seen. 
"Unless stations are located near the two southern 
corners of the reservation and the force of scou,s in- 
creased the buffalo will be exterminated in a few years. 
With that addition to the facilities for protection they 
can be preserved and will increase. 
"The trout in Willow Creek and Glen Creek, although 
apparently as numerous as ever, are so small as to indi- 
cate the' advisability of prohibiting fishing in those 
streams during the next season. Otherwise there is no 
change in the conditions, the other streams throughout 
the Park being full of fish of good size, notwithstanding 
the large number taken out every season. 
"But two casualties during the season within the Park 
limits were brought to my notice: The scalding of a 
camper at Fountain Basin, which was not reported to 
me, but which on inquiry I found to be the result of 
carelessness on the part of the injured man, and which 
did not, I believe, result seriously, and the disappearance 
from the Fountain Hotel of a tourist by the name of 
R. L. Piper, July 31. It is my belief that Mr. Piper when 
he arrived at the Fountain Hotel was in a partially de- 
mented and irresponsible condition, and that he wandered 
away from the hotel, fell in with some camping outfit, 
and got out of the Park." 
Recommendations. 
"A knowledge of the Park, extending throtigh a number of 
years, and a most sincere interest in its preservation and welfare, 
prompt me to make the following recommendations for your con- 
sideration: " ^ , , , . 
'■(]) The appropriation of $10,000, to be expended in the proper 
quartering of soldiers at the stations throughout the Park. 
"(2) That new .station.s be built (1) near southwest corner ot 
Park on Bechler River; (2) where southern boundary crosses 
Snake River (present Snake River station to be abandoned); (3) 
at southeast corner, on Thorofare Creek; (4) on the Gallatin River 
or Fan Creek, near northwest corner, (5) and at the town of 
Gardiner, Mont. . 
"(3) That never less than two troops of cavalry be stationed 
within the reservation for its protection. 
"(4) That the number of permanent scouts be increased to ten, 
with suitable quarters for same at Fort Yellowstone and Lower 
Geyser Basin, in order that the Acting Superintendent may divide 
the entire reservation into districts, to be constantly patrolled by 
them, after the manner of game wardens. 
■■(5) That no individual nor business concern be allowed to cut 
hay within the limits of the National Park. 
'"'(6) That it shall be a violation of Park regulations to use any 
location within the Park as a range for stock, and that no stock 
shall be allowed within the limits of the Park which is not at all 
times under such control that it cannot stray away from its 
owners. . , 
"(7) That it shall be necessary to give suitable bond in order 
to obtain a license to personally conduct camping parties 
through the Park; that the number of such licenses be limited to 
ten, the number of passenger wagons in each case being limited 
to five. r ■ 1 , 1- , 
"(8) That, in accordance with the terms of its lease, the Yel- 
lowstone Park Association be required to furnish transportation 
exclusively for its guests throughout the Park. 
"(9) That registered guides be required to sign an agreement, 
which, while they are in the National Park, places upon them the 
obligation to enforce the regulations and protect the interests of 
the Government. , -r, , 
"(10) That the introduction of liquor of any kind into the Park, 
except as pro\'ided for under authority of the Interior or War 
Departments, shall be prohibited by Park regulations. 
"(11) That all money appropriated for the purpose of improve- 
ment and protection, and for any other purpose, within the 
National Park, be extended under the direction of the Acting Su- 
perintendent, and that all work in connection therewith ihall be 
under his supervision, and control. 
"(12) That a suitable fence be built inclosing the entire reserva- 
tion along the official boundaries thereof, and that ^.he Interior 
Department secure the enactment of laws for its r .>tect1on and 
maintenance." 
The Sale of Game. 
The Legality and Wisdom of the Prohibition of the Sale 
ot Foreign Game and Fish as a Protection to 
Domestic Game and Fish. 
Denver, Colo. — Editor Forest and Stream: The re- 
cent decision of the New York Court of Appeals in the 
Buffalo Fish Company case brings up afresh the ques- 
tion as to how far a game law can and ought to prohibit 
the possession and sale of game and fish lawfully taken 
in another State or country and imported into one hav- 
ing game protective laws. 
This case decides that a provision making the pos- 
session of such game unlawful is an unauthorized inter- 
ference with interstaie commerce and hence invalid. 
It has been asserted again and again by ardent game 
protectors that domestic game could only be protected 
by an absolute prohibition on the sale of game regard- 
less of the place where taken. 
This idea is based on the theory that so long as 
foreign game is allowed to be sold it will be impossible 
to distinguish or to prevent domestic game from being 
sold as and along with the foreign. 
This assertion has gone substantially unchallenged for 
years, having been accepted without much question be- 
cause few have cared to give the subject sufficient con- 
sideration to ascertain if no other or better' plan could 
be devised, and also because the taking of game and fish 
has been treated merely as the outcome of sport rather 
than as a means to accomplish a more important object; 
namely, a food supply. 
Especially is this true as to fish in the large cities 
where it is so important that no law that absolutely pro- 
hibits can or ought to be passed or enforced. 
The idea of prohibiting the importation and sale of 
foreign game (fish included) as a means of protecting 
that of domestic origin is erroneous in theory and fact, 
as it is shown in the Buffalo case, where it is stated that 
if we were desirous of preserving our own timber we 
would naturally encourage the importation and sale of 
that from other countries. This argument is Isgically 
unanswerable and is apolicable to game and fish. 
This question is of such importance that it should be 
disposed of on broader grounds than the one mentioned, 
for so long as thousands of tons of fish are daily re- 
quired for food in the large cities, the courts will always 
view the question from the standpoint of food and com- 
merce rather than from that of mere sport. 
I take the broad ground that not only should lawfully 
taken foreign game and fish be subject to sale and use 
at all times of yedf, but that domestic game and fish 
from private legally established parks and lakes should 
also be subject to such sale and use. This will encour- 
age private propagation and to that extent lessen the 
demand for that taken in the open field, which we are 
trying to protect. This is so just and obvious that it 
requires no argument in its support. 
The safe thing, then, is for all game protectors to take 
a similar view and endeavor to work out game protection 
on sensible lines in harmony with the incontrovertible fact 
that so long as game and fish exist people will have theiri 
In so saying, I do not abate a whit from the position that 
ilomestic game and fish taken in the open field should not 
at any time be the subject of sale. 
The gamie laws of Colorado recognize these facts. The 
main provisions are: 
T. The prohibition of sale of foreign game or fish (of 
the kind protected in Colorado) otherwise than in the 
original package number and condition as imported, un- 
til the importer has procured from the game commis- 
sioner a certificate (issued upon proof of the fact) that 
the same were lawfully imported; the certificate remain- 
i in force thirty days, and which is as follows : 
STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 
Importation Certificate. 
No Denver, 189.. 
This certifies that Mr ., of having 
satisfied me that the following game and fish, to wit: 
were lawfully imported, is entitled to sell the same 
as provided by law. This authorizes possession, transportation 
within this State, storage and sale for thirty days after date. 
, Commissioner. 
This certificate must be kept publicly exposed with the 
game. 
2. In case of sale of any portion of the importation 
the importer must make and give to the purchaser an 
invoice as follows: 
STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 
Importer's Invoice. 
189.. 
Sold this day by , of , Colorado, to , 
of , Colorado, the following game and fish, to wit: 
, imported and 
sold under (importation certificate or storage permit) No , 
bearing date , 189... This authorizes possession, 
transportation within this Stat.e, storage and sale for thirty days 
after the date last above. 
, Importer. 
3. In case of a redisposition by the purchaser of the 
whole of his purchase he merely indorses the invoice. 
If of a part only, he makes and indorses a copy of the 
invoice. 
4. If either the importer or any purchaser has not dis- 
posed of the game within the thirty days he can procure 
from the Commissioner- a storage permit as follows: 
STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 
Importation Storage Permit. 
No Denver, 189.. 
This certifies that the following game and fish, to wit; 
held 
by under importation certificate No may 
be held in possession, transported within this State, stored and 
sold until the day of ,189.. 
^ , Commissioner. 
This recognizes the right to import and sell in the 
original package and thus avoids the conflict with inter- 
state commerce as maintained in the Buffalo fish case 
and the Leisy liquor case. Numerous decisions by the 
Supreme Court of the United States hold that when the 
packages are once broken for retail purposes they become 
subject to State control. 
As game is generally imported in large quantities and 
packages and sold in small quantities, the right to import 
and sell in unbroken packages is for all practical pur- 
poses a barren one, so that the result is that the im- 
porter has to procure a certificate in every case in order 
to retail to his various customers. 
The fee for each certificate and permit is $1.00. 
5. Private game preserves and lakes are licensed and 
un sell game and fi.sh of all kinds at all times, by attach- 
•g thereto an invoice as follows: 
STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 
Private Parks and Lakes — Invoice. 
Name of Park or Lake Class A. 
No. of License, Date 189.. 
Kind and number of game and fish, 
Weight of same lbs. Name of consignee, 
Address of consignee, 
This authorizes transportation within this State, possession and 
sale for thirty days after date if attached to article. 
, Proprietor. 
By Agent. 
This must also be kept exposed with the game and 
fish in the market, and in case of resale copies are given 
and indorsed as in case of that imported. 
The proprietor is also required to mail to the Com- 
missioner a copy of every invoice sent out by him. 
Thus the Game Department has a complete record of 
all transactions which involve the marketing of game 
and fish, and the enforcement of the law is rendered easy, 
as every article of game and fish not having exposed 
with it the evidence of its legal possession is contraband 
and subject to seizure without furdier proof. 
The operation of this law has been entirely satisfac- 
tory to all concerned and has afforded almost perfect 
protection to Colorado game and fish taken in the open 
field. Certainly much greaier than has heretofore been 
afforded by arbitrary and unreasonable prohibition 
against sales of any kind. 
Of course, I only give the law in general terms, but I 
recommend to game protectors that they procure com- 
plete copies of it and proceed upon the lines indicated, in 
order that game legislation may hereafter proceed on 
solid ground and avoid the continual conflicts and de- 
feats in the courts. 
I am aware that I am running counter to long estab- 
lished notions, and will provoke many and loud ob- 
jections, but it is to this that we must all come at last 
and the sooner we do so the better it will be. 
D. C, Beaman, I 
