Aug. 17, igoi.] 
FOREST AND STREAM. 
127 
sitting, but the true skill is in taking them on the wing. 
He has allowed the bey to use a little 16 gauge just as 
he pleased since he was twelve years old, and he has 
never had the shadow of an accident. He objects to his 
ijunning with other boys, however. 
Aug. 12. — Ex-Pre.sident Grover Cleveland's fishing is 
always a matter oi interest to the ubiquitous reporter 
of the daily press, and if a big catch cannot be truth- 
fully recorded, why, he just makes one up. A Winsted, 
Conn .J dispatch says that Grover Cleveland, John R. 
Proctor, Richard Watson Gilder, and some of the Ex- 
President's Waterbury friends spent Friday at Goose 
Pond, Otis. Mass. Most of the day was passed with 
line and rod, but only one perch came to Mr. Cleveland's 
creel. Some of the papers gave him a big creel, how- 
ever. 
The petition from the citizens and guides of Rangeley, 
Me., recently noted in the Forest and Stream, has 
been put in form and forwarded to the Fish and Game 
Conmnssioncrs. It asks that the outlets of Haley and 
Gull ponds be screened; thai all fishing on Haley and 
Ross ponds be prohibited except with the fly; that all 
trolling in the Rangeley Lakes be prohibited after July 
1; that "gang" hooks be prohibited in the Rangeley 
Lakes at all limes; that all "plug fishing" in Rangeley 
Lake be prohibited. Owing to the resignation of Com- 
missioner Oak, a hearing cannot be had till his successor 
is appointed. Notice will be given of the time and place 
of the hearing. The proposition to stop trolling in all 
the Rangeley Lakes after July i is likely to meet with 
a good deal of opposition. There is a feeling among 
the camp owners and hotel people on the lakes below 
Rangeley Lake that the guides and people around that 
lake should not attempt to control all there is below 
them. Last year the Rangeley Lakes Guides' Associa- 
tion and people of Rangeley attempted to screen the out- 
let of Rangeley Lake, after urging the people interested 
in the lakes below to contribute toward the restocking 
of that lake. 
3itrs. A. W. Walkei-, of Maiden, Mass., had a novel 
experience with a salmon at Mooselucmaguntic Lake 
last week, The fish, when hooked, proved to be a very 
lixely one, leaping out of the water many times. At last 
he leaped once too far, landing squarely in the boat. 
Sturgeon fishing is said to be reviving on the Kennebec 
River. One party of fishermen have taken 32 fish already 
between Greene Ledges and Gardiner Bridge. One fish 
weighed 247 pounds. There are thousands of white 
perch in Maranocook, Anabossecook and the other 
Winthrop^ Me., lakes and ponds, so the reports say, 
but they have bitten only poorly for a week past. Fish- 
ermen "and boatmen frequently run over large schools 
.of perch that will not bite at all. They come back wish- 
ing tliat they had tried some other sorts of bait or rig- 
ging. Mr. George Frothingham and Mr. H. C. Good- 
win, of Boston, took -two bass there last week, weighing 
3 pounds each. The Poland Springs guests and Me- 
chanic Falls, Me., people are having some good fishing 
at Tripp Pond. Mr. H. T. Sands landed a pickerel last 
week that was 22 inches long; one of the largest ever 
taken tlic-e. 
Codfishing for sport, off the Massachusetts shore, is 
not as good as usual this season. Mr. Matthew Luce, who 
fishes a good deal off Scituate, says that he has not yet 
taken his usual number this year. He has one of the 
best boatmen and is very fond of the sport after spend- 
ing the forenoon in Boston. Some mackerel are being 
taken with hook and. line at several points along shore. 
Capr. Sol. Jacobs, a celebrated authority on mackerel, 
accounts for the fact that all the mackerel are nearer 
shore than usual this year, by the fact that the water 
is unusually cold farther out to sea. He remarks that 
enormous icebergs are seen of? the banks, rendering the 
water remarkably cold there. He believes that the cold 
water has driven the mackerel in shore. Special. , 
CHICAGO AND THE WEST. 
Good Game Season. 
Chicago, 111., Aug. 10. — The present summer has been 
a very dry one in nearly all of the West, but so far from 
this proving injurious to the chicken and quail crop, it 
has proved, as is usually the case, to be rather beneficial 
than otherwise. It is not ea.sy to get a line, that is to 
fay, a legal line, on the chicken crop before opening 
day, yet all available reports state that there are as many 
birds this y«ar as there were last. A friend recently 
back from 'Minnesota states that the shooters of that 
State and North Dakota are counting upon lots of birds 
this fall. Mr. George Thorne. of Montgomery Ward _& 
Co., who, with some friends, will take a trip in a special 
hunting car the first of September, and who is looking 
out for good chicken country in the Northwest, says 
ihat he has advices that birds are unusually plentiful 
along the Great Northern Railroad. I would counsel 
shooters to get as far north as Larimore, N. D. If one 
can get so far west as Buford, he may count himself sure 
to get nice shooting at sharp-tailed grouse in the river 
bottoms twelve to twenty-five miles from that point. 
Mr. Neal Brown, of "Wausau, Wis., who extends his 
annual invitation to join him on a hunt on opening day; 
says that he hears of a good many chickens around 
Necedah, Wis.; also a good many quail. 
Mr. W. A. Powel, of Taylorville, 111., says they have 
a good manj' chickens this summer even in that far 
southern region. 
Quail are reported everywhere in great numbers, and 
our quail shooting in this part of the world will probably 
be as good as; it has been for years, in spite of our blun- 
dering Illinois law. 
Will Charge for Carfying Dogs. 
A railroad ruling which will affect large numb,ers of 
traveling sportsmen this fall is that issued _this week by 
the executive committee of the Western Passenger Asso- 
ciation, which instructs baggage agents to charge the 
same rates for carrying dogs as are charged for baby 
carriages or bicycles. Heretofore sportsmen have, on 
many roads, had their dogs carried free, or at- least free 
of any definite charge, though a little gratuity to the 
train baggagemen was expected. Some sportsmen have 
protested against this ruling, but it has not been re- 
scinded and is in force. 
GolngWest. 
Mr. Frederick N. Peck, of Chicago, who has a ranch 
near Helena, Mont., started this week for a trip to that 
country which will last several weeks. He will inci- 
dentallv spend some time fishing in the Yellowstone 
Park. 
Going North. 
Mr. Charles R. Wolf, of Akron, O., asks where he 
and a friend can get a good, comfortable fishing place 
ui Northern Wisconsin, where they can get bass and 
muscallunge, a good bed at night, and fair meals during 
the day, with boats and guides. I would suggest that 
these gentlemen go to Manitowish Lake, via Manitowish 
station, Wis. They will find a hotel on that lake, and 
the fishing there should be good if the run of muscal- 
lunge in that water has continued. Mr. G. E. Hwtchins, 
of this city, is lately back from Lost Lake, Wis., and he 
had very good fishing for m.uscallunge at that place, and 
fair accommodations. This might be a good place for 
the Akron men to try. Lost Land Lake is something 
like twentj^-five miles from LLayward, Wis. I believe the 
muscallunge fishing has been better there this past month 
than at any place I have heard of. Mr. Hutchins, during 
his two weeks' stay, had a number of fish over 15 pounds, 
and some over 22. 
Going Southwest. 
A pleasant little party of three Mrill start next Friday 
for an extended trip in Arizona. There will be of the 
party Mr. H. G. Maratta, the artist of the Grand Cation 
which was displayed at the Chicago sportsmen's show 
and the Buffalo Pan-American Exposition; Mr. Robert 
Stites, manager of Rector's restaurant, and Dr. W. H. 
Knapp, of Rochester, N. Y. The party will go first to 
Gallup, Ariz,, where they will be met by Mr. J. L. Hiib- 
bel, the famous Navajo blanket man. They go then to 
Canada, and from that point to the Cation de Chille, 
where they will stay for a little while. Then, going back 
to Canada, they move thence to Keam's Caiion. From 
this point it i.s' about twelve miles to the Moqui mesa, 
where the famous snake dance of the Moquis is to be 
held. About 100 tourists saw this snake dance last year. 
It is thought that this ceremonial dance will this year 
be the best that has been known for four or five years, 
and, perhaps, the la.st that will ever be held. The gov- 
ernment, as well, as the missionaries, is attempting to 
discourage the Indians from holding these dances. It 
is devoutly to be hoped that neither the government nor 
the missionaries will be able to stop the dances, for these 
ceremonies constitute one of the most unique features 
of the wild life of the West, and make one of the few 
remaining living records of the old West which is pass-.^ 
ing so rapidly away. ' 
Messrs. Maratta, Stites and Knapp will fish and photo- 
graph, beside seeing the snake dance. They will have 
4,000 miles of railroad travel and 200 miles of a wagon 
ride. They will stop at Holbrook and Williams coming 
ou»-, and will run 70 miles by wagon from Williams and 
have a look at the Grand Caiion. They stop also at 
Laguna and Acoma, the latter point 18 miles froni tlie 
railroad. Thus they will be on some of the most historic 
and most interesting soil which is to be found on the 
American continent. 
Whenever a shag begins to catch fish, a long-legged, long-necked 
water hen wilJ lake a place immediately behind him. VVhen the 
shag lands a fish the water hen simply reaches over and gets it. 
Without any show of resentment, and without turning around, the 
ihag will continue its watch for fish, and this is kept up until the 
vater hen has finished a meal, and then, if no other enterprising 
member of the same tribe comes along, the shag is permitted to 
enjoy the product of its own sleepy eft'orts. 1 have on one 
occasion seen one shag feed as many as three water hens before 
eating a single fish. It is certainly a singular display of stupidity, 
and sfter having watched the performance a number of times, I 
am convinced that the .shag is actually too dull to even know that 
the water hen stands behind it to steal the fish out of its mouth. 
—New Orleans Times-Democrat. 
Plover Cotntng In.' ODD -m 
Plover have appeared in considerable flocks at the out- 
skirts of Evanston and on the fields adjoining the Skokie 
marsh, north of the city. E. Hough. 
Hartford Building, Chicago, 111. 
Arkansas Fish and Game. 
WiNSLOw, Ark., Aug. 5.— The drouth that has been so 
disastrous to many of the Western States has at last been 
broken in western Arkansas by good rains. But the 
streams are lower than they have been since 1874, and 
many fish have been destroyed, both by the hogs that we 
use to make bacon and by fishermen. The three streams 
that make White River have their source here in the 
Boston Mountains, and are good fishing streams, being 
clear and cold. The water is full of black bass, perch and 
several other kinds of fish, and they furnish good sport 
to the angler. But it will take a rise in the streams and 
the restocking of most of the pools to get them in shape 
to furnish good fishing in the future, I fear. I have 
caught many good strings, both with live bait and with 
the fly. this" summer. But in many places where, in the 
past, there was good fishing, there is no water nor any 
fish. The dry weather has been a great aid to the quail. 
There are more of them in western Arkansas than ever 
before. In fact, they are so abundant that shooting them 
will be the easiest kind of work. The fields, the meadows 
and the orchards resound with the calls of Bob White as 
never before. Mr. Jack Harrigan, who owns an apple 
orchard a half-mile from Winslow, estimates that there 
were hatched and rai.sed in his orchard four hundred quail 
this season. Squirrels are plentiful in the mountains, and 
just now are feeding on the hickorj^ nuts, and shooting 
them is good sport; I bagged seven nice ones one morn- 
ing last week in a short time. South of here thirty-five 
miles on the Arkansas River the wood ducks breed around 
the lakes, so that in September they furnish good shooting. 
We have some deer and wild turkeys near here, so that, 
taken all together, western Arkansas furnishes good sport 
to the lover of rod and gun. I also have excellent sport 
fox hunting, there being both red and gray foxes and wild- 
cats in great numbers in the deep gorges and bluffs near 
here. At some future time I will give the readers of 
Forest? and Stream a history of an exciting Arkansas 
fox hunt. J. E. LoNnoN. 
The Shag and the 'Water-Hens* 
During a recent trip through the lower western section of the 
country, I believe I discovered the laziest and most stupid form of 
life to be found anvwhere on the globe. It was an aquatic fowl, 
with a big, clumsy-looking beak, and with a form something like 
the dodo, now extinct. I have spent much time in watching this 
fowl, which is feund in some of the shallow lakes, and the chief 
point of interest to me was the startling stupidity displayed. They 
call them shags, I believe, out West. They generally squat on 
stumps or logs in the lake and watch for the smaller fish that play 
around the surface of the water. They are fairly clever in catch- 
ing what they want, and they throw out their bill with considerable 
precision when they gig for game. But they never get to eat what 
they catch until they have fed at least one— and maybe more than 
one — inerober of another kind of water fowl, 
Proprietors of fishing resorts will find it profitable to advertin 
them in Fohkst and Strkaic. 
Canadian Non-Resident Anglers* 
Permits. 
" Philadelphia^ Pa., Aug. s— Editor Forest and Stream: 
I have not forgotten the promise which I made you over 
a year ago to advise you fully of the facts connected with 
my arrest for fishing in the inland waters of the Province 
of Nova Scotia without having previously secured an 
nngling license from the proper officials. You will re- 
call that, while my name was not mentioned, the arrest 
was reported in your columns over the nom de plume of 
Special, and that I wrote you, asking a suspension_ of 
any discussion of the matter in your columns pending 
the decision of the Department of Fisheries and Marine 
of the Dominion of Canada, upon the request which I 
submitted that— as a matter of grace and in view of their 
ruling upon my communication to them in 1899, of 
which a full abstract is hereinafter given— they should 
allow me to appeal from the decision of the pohce 
magistrate before whom I was convicted, notwithstand- 
ing the fact that, through my' lack of representation by 
counsel at the hearing, and my ignorance of the pro- 
visions of the Dominion law, the time had elapsed 
within which I should have perfected an appeal. De- 
spite the fact that I have in person and through able 
counsel repeatedly requested a decision by the Minister 
upon this point, none has been rendered, although re- 
peatedly promised. I, therefore, feel that I am guilty of 
no discourtesy in laying the entire matter before you 
and your readers, believing, as I do, that the question is 
one which should interest every one who visits the 
Province for the purpose of fishing. 
As a preliminary, however, let me briefly state the 
law relative to the points at is'sue: In June, 1894, the 
Dominion Parliament passed an act which provided that 
"no person not a British subject shall fish in Canadian 
waters for bass, pike, perch or trout without an anglers 
permit," the fee for said permit being fixed thereby at 
$5 for three months and $I0 for six months, and a 
penalty of $20 for violation of the provisions of the act 
being thereby imposed. Upon Aug. i in the same year, 
however, it was "ordered in Council" that /'Foreigners 
temporarily domiciled in Canada and employing Canadian 
guides, boats and boatmen" were not required to take out 
such a permit. The full text of this order is as follows: 
Aug. 1, 1894: Whereas, it has been deemed advisable to amend 
the fishery regulations approved in Council on Saturday, Tuiie 30, 
1894. so as to exempt under certain conditions foreigners domiciJed 
in Canada from the regulations requiring permits, the said order 
is hereby amended by adding thereto the following clause: 
"10 Foreigners, when temporarily domicded in Canada and 
employing Canadian boats and boatmen, shall be eNempt from 
the regulations requiring permits." 
The inconsistencies involved in this order in Council 
will at once strike the trained legal mind. and I can do 
no better than quote here the opinion which I have re- 
ceived from my senior Provincial consel upon the 
proper interpretation of the order: 
"It is to be noted here that the recital (which by 
the way is not published in the Dominion statutes, but 
is to be found onlv in the Canada Gazette of 1894) is 
wider than the enacting Avords. The former speaks of 
'foreigners domiciled in Canada,' while the latter speaks 
of 'foreigners temporarily domiciled.' In my view, while 
the recital of a statute cannot bind those not in the 
enacting part (see Edinboro vs. Linlithgow, 3 Macq., 
- 704), yet it may be used in construing an ambiguous 
phrase in such enacting part. The phrase 'temporardy 
domiciled' is ambiguous enough, it is true, but I do not 
think the recital can enlarge it so as to make it read 
'domiciled' only; for, if we apply the technical meaning 
to the word 'domiciled' in the recital, we then must 
cancel the word 'temporarily' in the enacting part, since 
no residence which is temporary can create domicile, 
nor can domicile coexist with temporary residence. It 
is of the essence of domicile that it is permanent. I 
think, therefore, that the phrase 'temporarily domiciled,' 
since' it has no accurate legal meaning, must be read 
as having been used in a popular sense, and as meaning 
temporarily present in the Province. No space of time 
is required for this temporary thing, and, therefore, it 
cannot alter the question that a foreigner has been here 
for a few' days only. We are really dealing with a con- 
tradiction in terms, and I can make nothing more of it 
than that foreigners shall not come to this Province and 
fish by themselves, but must employ Canadian boats and 
boatmen. There is no warrant for saying that a short 
residence of say a year can create a temporary domicile, 
any more than "the residence of a month or a day. There 
is no rule of law to warrant such a distinction, and. 
hence I think you fall within the exception. Jf, as you 
say, they have passed a recent order in Council, making 
the thing clear, this would seem to show- that they could 
not succeed under the old. Finally, as the statute is a 
penal one, it must receive a strict construction, and I 
cannot think that any court would construe such a 
phrase as meaning more than it could strictly be said 
to mean it if were a 'term of art.' * * * I may add 
that, in addition to the question dealt with above, there 
is also a very serious question as to whether the order in 
Council or the statute on which it is founded is con- 
stitutional. It is now claimed that the inland fisheries 
