Forest and Stream. 
A Weekly Journal of the Rod and Gun. 
Copyright, 1901, bv Forest and Stream Publishing Co. 
'Terms, $1 a Year. 10 Cts. a Copy. 
Six Months, $2. 
NEW YORK, SATURDAY, JUNE 8, 1901. 
f fVOL. LVI.— No. 23. 
( No. 846 Broadw.w, New York 
The trout fly is a "conventional" creation, as we say of orna- 
mentation. The theory is that fly-fishing being a higher art, the 
fly must not be a tame imitation of nature, but an artistic sug- 
gestion of it. It requires an artist to construct one; and not every 
bungler can take a bit of red flannel, a peacock feather, a flash 
of tinsel thread, a cock's plume, a section of a hen's wing, and 
fabricate a tiny object that will not look like any fly, but still will 
suggest the universal conventional fly. — Charles Dudley Warner. 
THE DEPTHS OF THE SEA. 
Few things are more mysterious to us than the depth 
of the sea. We read of them and of the fathoms of water 
beneath which they are buried, yet these great depths con- 
vfey to the &.verage man no meaning whatever. If we know 
that more than one-half of the actual surface of the globe 
is buried under more than two miles of water, that the 
Challenger fotmd depths of more than 4.500 fathoms in 
the north Atlantic Sea, and that recently a United States 
vessel found near the Island of Guam a depth of 5,200 
fathoms, none of these things mean very much to us. 
We know also that th« fishes and other marine life 
living at great depths in the sea are specially fitted to 
endure the tremendous pressures to which they are sub- 
jected by the weight of water in which they live, and that 
when they are brought to the surface and this pressure 
removed, they seem to fall to pieces. 
Much has been written too of the strange forms of 
life found at these great depths, and one of their most 
unexpected peculiarities is that many of these forms of 
life are brilliantly colored. This seems very extraordi- 
nary, because it appears inconceivable that color should 
exist without light, and it is believed that sunlight does 
net penetrate the waters of the ocean to a depth greater 
than about 125 fathoms. In fact, it is said that sensitive 
photographic plates are unaffected beyond that depth. 
Animals which live in subterranean streams in absolute 
darkness — ^such animals as are found in the Mammoth or 
Wyandotte caves — are almost always colorless and prac- 
tically blind— that is to say, they Ijave no eyes useful for 
seeing, although the rudimentary eye may be there. This 
lack of color and lack of eyes is supposed to be due to 
the absence of light. Why then should the animals of 
the deep sea, where the light of the sun does not reach, be 
often brilliantly colored and also be possessed of large 
functional eyes? These animals may be white, red, 
orange, purple or green, and they are often far more bril- 
liantly colored than the invertebrates of the shallow 
waters. 
In a lecture recently delivered by Prof. C. C. Nutting, of 
the Iowa State University, attention is called to these 
facts, and with regard to the colors of these deep sea ani- 
mals he announces that we are justified in making these 
general statements: 
1. The colors are often as brilliant as in shallow water. 
2. The reds, orange, yellows, violet, purple, green and 
white predominate. 
.3. The colors when present are usually in solid masses 
in striking contrast, or else the whole animal is brilliantly 
colored. Fine patterns are very scarce and nature seems 
to have used a large brush in adorning her children of 
the depths. 
It would appear that the presence of these brilliant 
colors in the deep sea inhabiting animals presupposes the 
existence of light in these depths. Without light these 
colors would serve no purpose, would have no reason for 
existing, and the animal should be white as is the case in 
tlie cave, dwelling species. But if there is light in the 
depths of the sea, then colors in these deep sea creatures 
mean precisely what colors mean in animals inhabiting 
the shallow water or dwelling in the air— that is to say, 
they are protective, attractive, directive, as the case 
may be. 
Moreover, we cannot conceive that colors are useful, 
except among creatures possessing eyes to see them, which 
the great majority of animals living in the deep sea pos- 
sess. While it is true that there have been dredged up 
from a depth of less than 200 fathoms blind crustaceans 
and other invertebrates — some of which, possess not even 
rudimentary organs of vision — it is also true that the ma- 
jority of animals living at a depth of 2,000 fathoms pos- 
sess eyes. These may be rudimentary or may be like 
those of their allies of the shallow water, or may even be 
laitge. 
Fpom these conditions it is deduced that there is light 
in the 4^pths of the sea^ and, to account for the bright 
coloring of these deep water creatures, it is evident that 
this must be light of some brilliancy. It niust be more 
than that given by the stars or the moon at night, for we 
all recognize that— to our eyes at least— colors, even in 
the brightest moonlight, cannot be distinguished. There 
is white and black and gray, but nothing that we can 
call color. 
It is of course well known that a great number of 
fishes and marine invertebrates give forth phosphorescent 
light, and Prof. Nutting believes that the light of the deep 
sea is phosphorescent. The power of producing this light 
is possessed not only by free swimming forms of life, but 
also by those that are fixed, as corals, hydroids and other 
forms which are anchored to the bottom. He believes that 
this light tends to attract the animals on which these fixed 
forms of life subsist, and to bring them within the reach 
of the creatures that prey upon them. 
Another fact brought out in Prof. Nutting's discourse, 
while sufficiently familiar to specialists, is not generally 
known. This has to do with the very uneven distribu- 
tion of life on the sea bottom. In certain places the 
dredge will bring up a profusion of forms of animal life, 
while other places near by will prove' absolutely barren, 
the dredge bringing to the surface nothing but sand and 
the debris of the bottom. Thus the distribution of life on 
the floor of the deep sea is as tmeven as it is upon the 
land. 
THE NEW YORK GAME S-EIZURE. 
We. reported last week the seizure of a large store of 
contraband game in the Arctic Freezing Company's cold 
storage vaults in this city. The search was continued 
through last week, under a warrant secured from Justice 
Meade, and the goods found by Protector Overton com- 
prised 32,688 pieces of protected game, divided as follows : 
Grouse, 3.934; quail, 2,791; web-footed wildfowl, 1,056; 
protected wild birds, 24,819; Mongolian pheasants, 36; 
gray squirrels, 40; carcasses of venison, 12. This makes a 
total to date of 48,367 pieces of illegal game discovered 
on the premises of the Arctic Freezer Company. 
A cursory examination of a few specimens of the con- 
fiscated game shows, besides the quail, grouse and deer, 
the following birds : Mallard duck, green-winged teal, 
golden and black breasted plover, English snipe, greaier 
yellowlegs, lesser yellowlegs, upland plover, pectoral sand- 
pipers, snow buntings, Lapland longspurs and bobolinks. 
Abundant evidence has been found to sustain the opinion 
we expressed last week that quantities of the game found 
in this New York storage house were of game of which 
the dealers and cold storage people could never have 
acquired lawful possession. The game was on a par 
with stolen goods. It had been killed for market un- 
lawfully and shipped to market unlawfully. For example, 
there were found barrels of game birds shipped by the 
American Express from points in Indiana directly tcr the 
Arctic Freezing Company. But the Indiana law, in force 
when these shipments were made, reads : 
Sec. 2115. It shall be unlawful for any railroad company, express 
company or other common carrier, or any other person, to transport 
or take beyond the limits of this State any deer, buck, doe or fawn, 
any quail, pheasant, wild duck, grouse, prairie chicken or wood- 
cock. 
The exported Indiana game, then, was an illicit com- 
modity; the shippers violated the law, the American Ex- 
press Company violated the law, and the Arctic Freezer 
Company became party to the violation of law when it 
received the contraband goods. (Parenthetically, it would 
be a wholesome proceeding if the New York and Indiana 
authorities could co-operate to convict the American Ex- 
press Company's offending agents in Indiana.) 
Under these circumstances, the complaint of Mr. Robin- 
son, of the freezer establishment, that his business was 
being interrupted is precisely the protest that might be 
made by a fence when the police raided his place. 
The material gathered by Protector Overton affords 
abundant evidence to he used in the suits which will be 
brought against the law breakers ; indeed it is understood 
that the cold storage people will admit the facts as to the 
number and species of the game found. They also give 
out that they propose to carry the cases up to the United 
States Supreme Court. If they shall do this, we may 
await the outcome with the utmost confidence that it will 
establish the constitutionality of the statute prohibiting 
the possession of imported g^me in the close season. 
LITTLE WHIRLWIND. 
Two weeks ago we called attention to the case of Little 
Whirlwind, the Cheyenne Indian, who, on perjured testi- 
mony, had been convicted of murder and sentenced to life 
imprisonment in the Montana State Prison. We urged 
the case on GoA^ernor Toole's attention, and expressed 
confidence in his willingness to examine into it and to do 
substantial justice. 
It is most gratifying to announce that this has now 
been done. After a careful study of the case. Governor 
Toole has reviewed it at length and has recommended to 
. the State Board of Pardons that the prisoner recei-^^e a 
full pardon. This action is only what might have been 
expected from a man of Governor Toole's record and 
experience. He has studied the case on its merits, un- 
swayed by the narrow prejudices of locality, and has con- 
sidered only the question of justice. 
In his trouble. Little Whirlwind — like Spotted Hawk, a 
relative condernned to death for the same crime, but 
equally innocent — has not been wholly without friends. 
Besides one or two private individuals who have taken 
an interest in this case, the Hon. Cornelius N. Bliss, for- 
mer Secretary of the Interior, and the Indian Rights As- 
sociation have contributed money and interest to save 
him. 
When all is said, however, Spotted Hawk and Little 
Whirlwind owe, the one life, the other liberty, to the 
law firm of Sanders & Sanders, of Helena. These gentle- 
men, who were not called into the cases until after the 
trials, have by means of legal knowledge, calm judgment 
and wise discretion, succeeded in protecting these innocent 
men from what was practically mob violence set on foot 
by the local officials of the county where the prisoners 
were tried. 
Col. Wilbur F. Sanders, the head of this firm, is one of ^ 
the ablest lawyers and most eminent citizens of the great 
State of Montana, of which he has been a resident since 
1863. With the greatest credit to himself and honor to 
his constituents, he has filled many offices, from United 
States Senator down, and in all his State there is no man 
better known or more highly respected. In ability, in- 
tegrity, stern adherence to principle and a glorious courage 
to fight in behalf of his beliefs, whether he has to fight 
merely an individual or a whole community, Col. Sanders 
stands forth as a model citizen and an example to those 
about him. The influence for good of such a man cannot 
be estimated. 
A. B. F. KINNEY. 
If you should happen to meet A.' B. F. tCinney, of 
Worcester, and hear him talk on one of his favorite 
themes, "Our old Massachusetts partridge," you would 
reflect, "Here is a man profoundly convinced of the value 
of shooting as a recreation, and who is doing what he can 
to protect the game, not for himself, but for others." It 
is this public spirited nature of Mr. Kinney's long service 
in the cause of game protection that is the most deserving 
of recognition and praise. The person who is working 
strenuously for his own individual shooting interest we 
have ever with us, but in the field of game protection, as 
in others, those whom we delight to honor are the men 
who are prompted to give their time and their means for 
the public good. As chairman of the Massachusetts 
Central Committee and in various other capacities, Mr. 
Kinney has been a force in game protection. He has 
contributed freely not only time and money but hard 
common sense to achieving results, and has been a most 
valuable ally in all movements to save the game for the 
people. To him is due a generous share of the credit for 
the capital law prohibiting the sale of ruffed grouse — a law 
which has stopped the killing of grouse for market and 
has saved the bird from practical extermination. We 
quote elsewhere a pleasant personal sketch of Mr, Kiniiey; 
as citizen, churchman and sportsman, 
Here is another contribution to the sea Hon subject 
Oregon has put a premium of $2.50 per head on sea lions 
killed in its waters. An error in the ■vyording of. the law 
rendered the appropriation for the purpose unavailable; 
but the fishermen's union has raised a fund by private sut)- 
scription, and the work of killing is now in progress. The 
sea lion in Oregon waters is charged with an enori/i6u| 
destruction of salmon and of fishing gear. " 
