128 
FOREST AND STREAM. 
[Aug. 17, 1901. 
are under the jurisdiction oi the Pravincial and not the 
Federal Parliament." 
Ever since 1892 I have been visiting the Province of 
Nova Scotia, as well for the hunting as for the fishing. 
In everjr instance I have advised the local deputy of my 
intended shooting trip; of the steamer by which I ex- 
pected to arrive; and have requested him to have nty 
license in ixadiness; and upon the occasion of my first 
trip for the purpose of angling, and at two or three dif- 
ferent times subsequent thereto. I volunteered to him to 
pay for an angling license, if I, not being a British sub- 
ject, were required to take out one; but in every in- 
stance I was told that, inasmuch as I emploi'ed Canadian 
guides and boatmen, I came within the provisions of the 
order of Council of 1895, and was Hot obliged to take out 
a permit. 
In 1899, however, in company with two friends, I made 
a trip to the Liverpool waters in Queens count}\ instead 
of to the Tusket, which I had heretofore visited, and 
the day before we started into the woods T was ap- 
proached by the local official of the Fish and Game As- 
sociation for the district of Liverpool with a demand that 
I should take out an aftgling permit. I told him of what 
I had been previously informed by the authorities in 
Yarmouth county, to wit: that as I employed Canadian 
guides and boatmen I was not obliged to take out a 
permit, and suggested that he should write to tlie proper 
airthorities and ascertain whether we were, as a matter 
of fact, amenable to the provisions of the act of 1894, and 
not entitled to the benefit of the proviso as set forth in 
the order of Council. To this he agreed; but when Ave 
came out of the woods no demand Avas made upon us 
for the license fees, nor were Ave able to find the officer 
who had demanded them. 
After my return from LiA'erpool to Philadelphia, I 
wrote to the Department at Ottawa, stating the facts 
of the case, and volunteered on behalf of myself and my 
companions to pay the license fees if it Averc adjudged by 
the J\Iinister that Ave Avcre amenable to the act. The 
gentleman to whom the decision of the case was dele- 
gated by the Minister replied in terms that, as we had 
employed Canadian guides and boatmen, we were not 
amenable to the provisions of the law. but were entitled 
to the benefit of the order of Council. NotAvithstanding 
this, in the month of May, 1900, I was arrested upon the 
high street of Yarmouth by a uniformed police officer 
and taken before a stipendiary magistrate and jiistice ot 
the peace for the county of Yarmouth, on information . 
lodged by one Hatfield, whose official position is that of 
Deputy Fishery Overseer for the Dominion, Avhich is 
entirely distinct from the office ot Deputy Fish and 
Game Commissioner oE the Province. He charged that 
I had violated the laws of the Dominion by fishin.^ in 
Canadian Avaters Avithout a permit. I being at thz time? 
the alleged ofi'ense Avas committed a citizen, of the State 
of Pennsyh-ania. At the hearing before the magistrate, 
which, I should add. Avas ex parte, Hatfield not having put 
in an appearance, I admitted that I had been fishing 
in Canadian waters, but claimed that, in view of the pre- 
ceding niling. as made in 1899 by the Department of 
Fisheries and Marine, I came within the provisions of 
the Order of Council, and was therefore not amenable 
to the act requiring the purchase of a permit; but, not- 
Avithstanding this. I Avas adjudged guilty and sentenced 
to pay a fine and costs, AAdiich I did under protest. In- 
as much as my arrest occurred but an hour and a half be- 
fore the time fixed for the departure of the steamer by 
AAdiich I Avas compelled to return to the States, I had 
absolutely no opportunity to secitrc adequate legal ad- 
vice, and by the time I had established communication 
Avith local counsel the period within Avhich my appeal 
should have been taken had elapsed, as above stated. I 
fortliAvith addressed a personal letter to the Minister of 
Fisheries and Marine, requesting that, in View of tlieir 
ruling of 1899. I should by some appropriate action be 
relieA'ed from the odium of public arrest, or at least that 
the department would waive fhe expiry of the time for 
my appeal and alloAv me to test the legalitj^ of my arrest 
under the A-erbiage of the aboAC-recited order of Council, 
but the only reply Avhich I receiA'ed Avas a curt note 
from (an underling in that department indorsing the 
action of the local Fisher3'- Overseer, Avithout any ef?ort 
to assign a reason for the rcA-ersal of the ruling whi;h 
they had made in the Liverpool case the preceding year. 
It seems impossible, in A^iew of the lapse of time, to 
hope for a fair-minded action by the department upon 
the question inA'oh^ed, and I can therefore only appeal 
to the tribunal composed of yourself and your readers 
for justification. 
I hope, howeA'^er, in the near future to be able to send 
you a report of a case Avhich Avill finalh- settle the amena- 
bility of those who occupy the same category as I with 
reference to the proAasions of the fishing license law- 
Under the adA'ice of counsel, three of our party who 
visited the province this spring refusecj to take out 
angling permits, to the end that a test case might be 
made which, under the management of local counsel, 
could be fought through to the appellate courts of the 
Dominion. The Deputy Fishery Overseer Avas advised 
in advance of their intention to refuse to comply Avith 
his demand, they Avere arrested upon information lodged 
by him, a fine Avas imposed by the magistrate, from 
which sentence an appeal was duly taken, Avhich Avill, if 
necessary, be prosecuted to the courts of last resort. 
Then, and not until then, I suppose, can Ave secure a final 
interpretation of the act and of the order in Council, 
and until this result has been obtained, every angler from 
the United States Avho visits any one of the Canadian 
provinces, is liable to be subjected to the same annoy- 
ance and inconvenience as I Avas. Each, therefore, must 
determine for himself whether he Avill submit to the pay- 
ment of the license fees or subject himself to danger of 
arrest. 
I cannot close Avithout stating in justification of my 
c6urse, past, present and future, in connection Avith this 
i.'iatter, that I am receiving the heartiest and most 
courteous co-operation from the officials of the Nova 
Scotia Game and Inland Fisheries .Protection Society. 
These gentlemen have expressed the greatest indignation 
at the action of the Dominion officials, and maintain that 
I am entirely Avithin my rights, and haA-e urged upon me 
and the others of my party the prosecution of our ap- 
peals to the highest tribunals in the Dominion. 
J. B. TOWNSENDj Jr, 
Ingenuity Got the Fish. 
OivLAHOMA City, O. T., Aug. 3.— Editor Forest and 
Stream: Mr. M. A. Pryer, a well-known business man of 
this place, is responsible for the following account of an 
unusual method of taking large catfish, and offers to 
produce plenty of witnesses Avho will vouch for the 
accuracy of the story. 
Mr. Pryer relates that about tAvo Aveeks ago he Avas 
spending a few days at the town of Coyle, a small trad- 
ing point on the line of the Eastern Oklahoma R. R., about 
fifteen miles from Guthrie, on the Cimarron River. The 
isrolonged drouth had caused & very low stage of water 
in the river, and Avhat little remained lay in pools ranging 
from a few inches to two or three feet in depth, and from 
fifty to one hundred yards long. In these pools there 
were frequent logs and stumps projecting out of the stag- 
nant water. Some fishermen discoA^ered several enormous 
specimens of river catfish lying perfectly still in the Avatei' 
close to the logs, tlieir mouths just even with the surface. 
The fish Avere opening and closing the jaAvs Avith a regu- 
lar moA^ement, sucking in the turbid element and ejecting 
it through their gills, probably for the purpose of obtain- 
ing air. They were apparently much stupefied by the hot 
and lifeless Avater, and would allow persons to approach 
near enough to touch their bodies, but floundered off with 
a great splashing and commotion on being roughly 
handled. Many of the fish Avere from four to five feet 
long, and the problem was, how were they to be secured, 
as no one of the party was equipped Avith tackle half 
strong enough to land fish of such size and Ave'ght, Manj' 
suggestions were made, but it remained for a hitherto 
silent, but observant, member of the party to propose the 
means Avhich finally proved successful. He had noticed 
the regularity Avith Avhich the huge fish opened their wide 
mouths, sucked in and ejected the muddy Avater through 
their gills, and this gave him the idea. A boy present 
was sent to a iiear-by farndiouse for the family clothes- 
line, which, being secured, Avas unraveled and frayed out 
fot about six inches at one end. This end was then 
carefully floated close to the gaping mouth of one of the 
largest fish. At the very next gulp the rope end disap- 
peared; a moment later it was cast out of one of the gill 
openings of the big fish, and was promptly grasped by a 
stout man, Avhile a second hauled away at the other end 
Qf the rope, and by the u' 'ted efforts of both the big 
cat was dragged ashore and landed. Many more were 
l^ken in the same manner, and catfish steaks were com- 
mon in Coyle for days afterAvard. 
As an old fisherman, I Avas much interested in the 
incident. Avhich was an excellent illustration of the CA-er- 
rigady resourcefulness and ingenuity of the average West- 
erner, or American citizen anywhere, for that matter, and 
it bears also the added charm of novelty. No one to 
whom I haA'e related the story has been able to recall a 
case Avhere similar methods Avere employed in taking fish, 
and so far as I haA'e been able to learn, the means used 
Avere entirely new. J. C. C. 
Massachusetts Sunday Fishing. 
Boston, Mass,, Aug. 10. — Editor Forest and Stream: 
Recently much that is misleading and inaccurate has 
appeared in the press regarding the order relating to the 
enforcement of the Sunday fishing law issued by the 
Conunissioners on Inland Fisheries and Game. 
As a result of this there is apparently a misapprehen- 
sion on the part of the public of the proper relation of 
the Fi.sh and Game Commission to the law referred to, 
and its ri.ght or duty to enforce it. For this reason it 
seems desirable and timely that the public should be cor- 
rectly informed regarding the matter. 
Section I, Chapter 91, of the Public Statutes, provides 
that "all laAvs relating to the culture, preservation, cap- 
lure, or passage of fish shall be knoAvn as the laAvs relat- 
ing to inland fisheries," and Section 3, of the same chap- 
ter, provides, among other things, that "each of the 
Commissioners may personally c^r by deputy, enforce all 
Taws regulating inland fisheries." 
These provisions of law have heretofore been deemed 
sufficient AA'arrant by the Commissioners to conclude that 
they might justly assume that the laAV "relating to Sunday 
fishing (Section ii. Chapter 98, of Public Statutes) AA'as 
a laAV relating to the * * * preservation" and "cap- 
ture * * * of fish," and, therefore, that it was not 
only their right, btrt that it Avas incumbent upon them, 
to enforce this laAv. As a consequence, the law has been 
as vigorously enforced as any fish and game law on the 
statute books, imtil it AAas considered necessary to take 
other action. 
But recent rulings of the law courts, backed by a deci- 
sion of the Attorney-General of the CoramonAvealth, 
establish beyond question the fact that the statute pro- 
hibiting Sunday fishing "is not a 'law relating to inland 
fisheries.' " and that the enforcement of this act (P. S., 
Chap. 98, Sec. 11) is no more the duty of one of our 
deputies "than the enforcement of another section of 
the same act found in P. S.. Chap. 98, Sec. 10: 'Who- 
ever on the Lord's day discharges any fire arms for 
sport * * * shall be punished by fine not exceeding 
ten dollars.'" .A. later statute (Chapter 116. acts of 1899) 
gives the Commission full authority to prevent hunting 
on the Lord's da}^, and this will be enforced, but this 
law gives no pOAA^er to the Board so far as Sunday fishing 
is concerned. 
The Fish and Game Commission has no choice but to 
act in accordance Avith law, as interpreted by the courts 
and the highest official legal authority in the State, nor 
has it any purpose other than to abide by such decisions. 
Its authority for the enforcement of laAV being definitely 
limited to Fish and Game Laws, and the recent rulings 
and decisions having established the fact that the law 
relating to Sunday fishing is "An act for the better ob- 
servance of the Lord's day," and not a fish laAv; it was 
manifestly our duty to instruct our deputies not to en- 
force a ir.AV which we have no right to enforce. To 
ignore court rulings and the decision of the highest legal 
authority in the State would be manifestly an error, to 
call it by no harsher name, consequently, the action taken 
by the Commission is in strict compliance with law. and 
the Avild tale that it has attempted to "set aside or re- 
peal" the laAvs of the Commonwealth is too absurd to 
merit notice. ' J. W. Collixs, 
Chairman of Vi?^ Gam? Comraissioj^, 
Tarpon Fishing. — III. 
How to Fish, 
This paper Avill be divided into the following nine 
topics, each of which Avill be treated separately in the 
order given on the list : 
1st. Rigging up. 
2d. Baits. 
3d. Best places, conditions and times for fishing. 
4th. Methods of fishing. 
5th. Handling tarpon. 
6th. Measuring and weighing fish. 
7th. Photographing fish. 
Sth. General subjects. 
9th. Care and repair of tackle. 
Rigging Up. 
Before starting on an outing, there is much to be done 
in getting the tackle ready. Part of the Avork, such as 
mounting hooks, putting lines on reels and attaching 
brakes, can be attended to at home ; but the fastening on 
of reels, jointing rods, reeving lines, attaching snells, 
scrcAving on .gaff, etc., have to be done at the fishing 
grounds before making the first boat trip. 
In mounting hooks, cut the wire into 2-foot lengths, if 
it be not already so cut, and see that all the pieces are 
straight ; then set up the -table vise, bend over at least 
2 inches of a wire Avith the round pincers, slip on the 
hook, set the loop tightly in the vise at one end of the 
jaAvs. then with the fingers or the flat pincers twist the 
end of the wire around half a dozen times and cut the 
remaining end off close. Next attach a swivel to the 
other end of the wire in the same way, then fasten another 
wire on to this swivel, then another swivel, another wire 
and another SAvivel. This Avill make a snell about 5 feet 
long, having three links and three swivels. Finally, see 
that all the links are straight. By following these direc- 
tions there Avill result the best possible snell for tarpon 
fishing. Any much greater length than 5 feet Avill prevent 
the sportsman from bringing the fish as close to the boat 
as is necessary for gafling or shooting; and any shorter 
length would iiwolve the risk of the line being cut by the 
tarpon's sharp scales. Three SAvivels are required to 
prevent the untwisting of the line. 
In putting a line on a reel, see that it is tied firmly to 
the axle, and that it is spooled regularly and tightly. This 
can be done by having one man turn the reel and another 
let the line run through his hand, guarding the latter with 
a piece of' cloth or soft leather. It Avill be found con- 
venient to niount the reel temporarily on the butt of the 
rod before putting on the line. The click or drag should 
be set as soon as the line is on, in order to prevent it 
coming off or getting tangled. Never fill a reel quite full, 
becau.se when the line is wet it Avill .saa^cII and thus require 
more space. 
It is Avell to double the line back for 10 or 15 feet, so 
as to provide extra strength toward the end of the 
struggle, Avhen the fish is near the boat. To attach the 
end of the line to the body, untwist about 6 inches of it 
and cut off two of the three strands, Avax the third 
strand, lay the end of the line close alongside, and Avind 
the waxed end aroimd tightly in a backward direction. 
To fasten the end thereof, lay it backward, Avind the small 
loop around, pull the main loop through, and, finally, after 
.sufficient turns have been made, pull the Avaxed end 
through. Next straighten out the long loop, so as to 
make the two lines pull equally, and bind it at intervals of ' 
about 2 feet by Avinding Avith Avaxed linen thread. 
To attach a rubber or leather brake to a reel, first cut 
it to proper dimensions, so that it Avon't strike the for- 
Avard bar or touch the sides of the spool before a good 
deal of the line is taken out ; then punch four holes along 
the rear edge, and attach to the rear bar Avith strong 
tarpon line, so that the brake Avill not turn easily on the 
bar. The sides of the brake should be trimmed to a 
slight bevel. 
To attach the forward brake to the rod, cut a strip of 
rubber i inch Avide and 3 or 4 inches long, and punch two 
holes at each end. then attach tightly to rod Avith strong 
tarpon line. If the rod tip be reversed in the socket, it 
will be necessary to either turn the forward brake half-Avay 
around each time or have a piece of rubber on each side. 
If it be desired to use Ed. vom Hole's patent "Joker." 
this forward brake Avill have to be omitted. There would 
be no need for the joker if a strong outgoing drag could 
be put on the reel Avithout involving an incoming drag 
also, and such a drag will surely soon be invented. It 
is said that Wm. Mills & Son, the Ncav York tackle 
dealers, have one in process of evolution. 
To fasten a reel to a butt, put it in place and drive the 
ring on as far as it Avill.go, using a hammer and a small 
piece of hardAvood so as not to disfigure the metal ; then 
Avind on enough Ava.xed tarpon line to preA^ent the ring 
from slipping off, pulling the end of the line back under- 
neath by means of an auxiliary loop. This Avinding can 
either cover only the space between the top of the ring 
and the metal shoulder, or it can be carried from the latter 
clear down to the reel seat, then below for a couple of 
inches. The former method is the simpler, and is all 
right for a good reel seat; but the latter Avill strengthen 
a weak one. Some reels have patent attachments that 
dispense with this tying-on process, but I have never tried 
such reels, so cannot report on their merits or defects. 
Never put together a rod Avithout first greasing Avell 
the joints; for. if you do, you will probably experience 
great trouble in unjointing. If you are so unfortunate as 
to have a loose joint in your rod, insert a piece of 
paper, hut do not omit the lubrication. 
In reeving a line, be careful that there is no turn of it 
around the rod, otherAvise grief Avill surely ensue. 
In attaching snells, my custom is to simply run the 
loop through the SAvivel and pull the snell through the 
loop. Althoitgh this method has been criticised adversely 
by several sportsmen, I have never yet had a line fail at 
the attachment of the snell. Boatmen sometimes attach 
by means. of a boAvline, but this Avill not apply where the 
long loop is used. 
Before scrcAving on a gaff hook, grease well the scrcAv 
end, so as to insure its unscrcAving readily, and ahvays put 
in the little set screw to stop it from turning off. Be care- 
fal to prevent sftnd from getting into tl^e S9r?W §QQl??t, 
