f Aug. si, 1.901.]' 
FOREST AND STREAM. 
167 
any mistake should be made in changing the open sea- 
:sons, by leaving out "quail or woodcock," as done in 
Illinois, Of leaving out any other animal, the effect would 
.'be to make the entire year a close season on such animal, 
;and the g^ame fully protected. In short, the open seasons 
"Txist'oiily by virtue of clauses permissive in character, and 
: the 'omission of any of them simply leaves the entire year 
•'in itlie close season. 
Other advantages in this form of stating the seasons are 
\a giving the open season instead of the close one, and in 
■nising the words "begin" and "end" instead of "between," 
thus permitting both the dates mentioned clearly in the 
open season. 
When it is desired to change the open season on any- 
thing, it is done by merely changing the first or last date, 
or both. 
In regions where the seasons for water fowls and waders 
should be difFerent, new subdivisions should be made cov- 
ering the case. The same, if the seasons on any animals 
p^rouped in this law in one open season should be made 
different. 
The penal provisions are at the end of the act, and 
are follows: 
"Division G. Penalties— Prosecutions— Fines. 
Section 1. Every attempt to violate any provision of this act 
be punishable to the same extent as an actual violation 
ttlKircot, and any such attempt or violation by an agent, clerk, 
loflficer or employe, while acting for a corporation, shall render such 
(Corporation liable also, and an accessory may in all cases be 
iprosecuted and punished as a principal. 
.Sec. 2. The failure by any person or oflicer to perform any act, 
•duty or obligation enjoined upon him by this act shall be deemed 
la violation thereof. 
Sec. 3. Every person usingr dynamite or other explosive, or 
.•any poisonous or stupefying substance, or pursuing, taking 
, (wounding, killing or having in possession any bison or buffalo, 
in violation of this act, shall be punished by a fine of not less 
ithan $500, nor more than $1,000, or by imprisonment in the peni- 
tentiary not less than six months nor more than two years, or by 
jboth such fine and imprisonment. ' 
Sec. 4. Every person or officer violating any of the provisions 
■of this act, otlierwise than as < contemplated in section B of this 
division, shall be guilty of a misdemeanor and be punished by a 
fine of not less than $10, nor more than .$500, or by imprisonment 
in the county jail not less than ten days nor more than six 
: months, or by both such fine and imprisonment." 
This covers the whole field of violations and saves use- 
less repetition of penalties. 
The attention of game protectors is called to this simple 
method of insuring certainty in game legislation, which 
■usually receives little consideration. 
If I had drafted this law with the duck h'mit as it now 
is, I would feel bound to apologijze to game protectors. 
The limit as I drafted the law was twenty-five ducks, but 
the Legislature, at the behest of some influential duck 
hunters, enlarged it, against my earnest protest. 
£>. C. Beaman. 
A Close Call for Dick, 
Ed ilor- Forest and Stream: 
While throwing together some animal and vegetable 
matter one morning from "which to make a repast in 
my bachelor quarters, I suddenly became aware of a 
fine, spike bull elk taking his breakfast out in my 
meadow. 
Now it so happened that I was needing some steak 
from the hindquarters of a "spike bull just at that time 
very badly. As it was not an everyday occurrence to 
have so much good steak call on me I lost no time in 
"unlimbering" my Winchester, and left my cooking 
breakfast to its fate. 
I crawled down the bank into the willows and started 
up the creek, when I saw he was coming over to and 
crossing the creek; then I made lively tracks back up 
the bank and around the house, and for half an hour I 
raced and crawled, trying to come near unto him. At 
last he was coming toward me, I being out in the open 
with nothing but scattered sage brush to protect me from 
sight, and he browsing along the edge of the timber. 
I laid low, and when he got within good range, so I 
felt sure of getting him, I raised slowly on one knee to 
take aim. I was pressing the trigger when the wind, 
moving some bushes, let a ray of sunshine fall on his 
■neck, and my gun dropped. I jumped up on my feet 
and yelled out, "Come here, Dick, you rascal!" and he 
came trotting down and stuck his nose in my face, and 
seemed glad to see me. He was a tame elk, belonging 
to a neighbor, living a mile and a half away, and had 
never before gotten out of his pasture. 
A red flannel cloth had been placed about his neck, 
but had become dirty, and was so nearly the color of the 
hair as to be hardly distinguishable, but a little streak 
of sunshine made it visible, and saved his steak. He 
went from my place to another neighbor's, where a ten- 
derfoot was staying, who fired four shots at him at 40 
yards' distance, without touching a hair, and then ran 
out of ammimition. 
Dick got home safe and lived to occupy the Zoo at 
Denver, Colo,, and I regulated the inward cravings for 
elk steak by supplying venison steak. 
At another time I was working on a big stock ranch 
where a tame buck deer was kept. He would leave the 
ranch about 4 o'clock in the afternoon and wander off 
to the mountains and return about 9 the next morning, 
and lie about under the cattle sheds during the day. 
One morning I got up at the first streak of dawn, and 
went out to look for the deer before breakfast. When 
two miles from the ranch I spied a buck and doe stand- 
ing together in the edge of the timber, across an open 
space. I quickly brought my rifle up, but when taking 
aim for the buck's shoulder, I saw the white cloth about 
his neck, and lowered my rifle. I did not care to kill 
the doe, and thought to studj"- them a little. Starting 
toward them I had not gone a half dozen steps when the 
doe went off through the woods at full speed, although I 
was a hundred yards away; the buck never moved out 
of his tracks until T came up and patted him on the back. 
After staying with me a moment he started out through 
the woods on the trail of the doe — the ground was bare 
and dry — on a long, swift trot, with his nose close to 
the ground, and uttering a low, bleating noise. I fol- 
lowed as fast as I could go, but in a little while he was 
out of my sight, and. by following some distance by the 
nail. I found that he was right in the footsteps of the 
.!oo all the time. 
I had often wondered how deer and other wild ani- 
aK-lls could, w'-th so apparent little difficulty, find each 
other so readily after being scattered in an almost 
boundless wilderness, but with the swiftness and cer- 
tainty with which they can follow the trail of their own 
Icind, they could come together at will. 
As it does not become necessary for them to follow 
the trail of any other creature, we do not know just to 
what extent they can do so, but an old woodsman and 
hunter of seventy years ago once told me of being in 
the woods hunting, on bare ground, when he saw a buck 
conaing on his trail, walking slowly with its nose to the 
ground, evidently following his trail by scent; no doubt 
through curiosity, as it was a locality and at a time when 
men were scarce and deer were numerous, which condi- 
tion is sadly changed — I say sadly, not because men are 
not desirable, but because deer are more desirable — since 
they are the source of less trouble and more fun. 
Emerson Carney, 
MORGANTOWN, W. Va. 
CHICAGO AND THE WEST. 
Case Under New Illinois Game Law, 
Chicago, 111., Aug. 22. — On Wednesday last there came 
up at Morgan Park, a suburb of Giicago, the first case of 
which I have any knowledge under the new Illinois game 
law which does not afford protection to quad and wood- 
cock. Roy Barrows was the offender in this case, and last 
Sunday he shot a quail near the edge of the city in the 
vicinity of 107th street and Kedzie avenue. He was 
arrested, and prosecuted by Assistant State Attorney 
Carew, and was fined, the amount of the fine and costs 
reaching $34. Attorney Carew insisted that there is no 
repeal clause in the law of 1901, hence the old law still 
remains in effect. Justice W. T. Goe. of Morgan Park, 
was of the same opinion, and the fine was imposed as 
above stated. It is somewhat gratifying to see that a case 
of this kind, which would be so injurious to the interests 
of our game birds, did it go in favor of the alleged 
offender, has resulted contrary to the general belief of 
those who intend to go on the supposition that there is no 
law protecting quail in Illinois. The example will perhaps 
have a certain deterrent effect and we shall not hear of 
so many cases of Sunday shooters who go out along the 
edges of the town and kill every moving thing which they 
can see. 
As to the abtmdance of quail, there was never anything 
like it in this State. The crop is one almost startling in 
its profusion. This is true over practically all of this 
State, from the upper third south as far as the Ohio River. 
The truth of it seems to be that Bob White is so good a 
hustler that he can take pretty good care of himself with- 
out much outside aid. Even the most deadly minded pot- 
hunter cannot kill so many quail along the hedgero\ys 
before the time of snow. If he goes out with his dog in 
the summer time, he finds only a lot of little birds, which 
even a pot-hunter would not care to shoot. Yet quickly 
these birds develop wisdom, and by the opening of the 
season they are keen witted, swift of foot and swift of 
wing. It is hard enough to kill half your quail even when 
you have the law on your side, as well as the assistance 
of the best kind of bird dog, an easy conscience and an 
open shotgun. Surely it looks as though Bob White had 
come to stay in this part of the world. 
Some Other Workings of the Game Law. 
It would seem that our laws are being enforced clear up 
to the handle, at least in some quarters. Deputy Scot- 
ford has notified the Board of Lincoln Park Commis- 
sioners that they must set free eight quail and two red- 
birds which they have in confinement in the park cages. 
Warden Scotford says that he cannot favor the park and 
not favor the taxidermists and bird dealers, who some- 
times have live birds in their possession, contrary to the 
law. The commissioners referred the matter to their 
attorney, and the end is not yet. 
The law is likewise laying its heavy hand upon the 
multitude of perch fishers who line the lake front of 
Chicago, as they have done from time immemorial. Some 
of these fishermen use nets and others hand lines or rods 
of all sorts and descriptions. Almost the only thing they 
take is perch, and they rarely ever catch a perch which 
is up to the legal limit in size. Mr. Scotford made a little 
raid on the fishermen last Wednesday near Twelfth street. 
He gathered in nine unfortunates, and five others jumped 
into the lake and swam away to escape him. Nearly all 
these fishermen know that they are liable to prosecution, 
yet this fact does not seem to deter them, as there are 
scores of them out every day. The names of the prisoners 
taken in this raid were Joseph Smith, Fred Caw, John 
Zyak, Lawrence Wisniewski, Joseph Zyck, Edward Ziel- 
wiesk, John Vara, Joseph Howie and Joseph Forte. Their 
names seem to indicate the foreign birth of most of these 
men. It is too bad that they will hereafter be unable to 
endorse America as the land of the free. 
Yet another case of the game laws making easy money 
is that of Prof. Carl H. Eigenmann, of the Biological Sta- 
tion of the Indiana State University, located at Winona. 
Prof. Eigenmann is also a vice-president of the Indiana 
Scientific Society. On Wednesday the worthy professor 
was arrested by Deputy Fish Commissioner Harris, and 
was fined $S for having a fish net at the station. This 
net had been used for a long time by the professor and his 
students in taking fish for scientific purposes. Warden 
Harris did not look at it in this way. He probably found 
it hard to catch the Indiana seiners and easy to catch the 
professor, and so he let it go at that. It might perhaps 
be thought impertinent for one to suggest to our worthy 
wardens that there is plenty of big game on foot for them 
every day in the week in the market-fishing and game-sell- 
ing quarters both of Chicago and the country towns. For 
instance, last week there came down from Wisconsin a 
baggage car which contained several deer in the red coat, 
killed in the summer and shipped with not even the con- 
cealment of boxing. The deer lay in plain sight on the 
car floor. There's a case worth following. 
Big Chicken Year in the Northwest. 
Sam Fullerton — may his tribe increase — is not only 
one of the best game commissioners in the world, but 
one of the most obliging men in the world to newspaper 
men, this lattei- being what the newspaper men themselves 
consider a highly desirable quality in a game warden or 
in anybody else. Mr. Fullerton is good enough to answer 
a letter of inquiry as to the chicken crop of his State, and 
one can do no better than to offer his letter in full: 
"I don't think that any one can go astray in Minnesota 
this year in getting chickens if we can only save them un- 
til the first of September. I tell you that is very hard 
work, chickens being good and strong and the harvest 
being at least two weeks earlier than it has been in 
Minnesota before; that leaves but little protection to the 
birds, and gives the farmers more time to get out — that 
is, the farmers who will violate the law and invite the 
city sooners out to their places. 
"The best reports we have are from Kittson, Marshall 
and Red Lake counties. Red Lake is, perhaps, the best in 
the State at the present time for chickens. I am safe to 
say that it is all right with the chickens this year up back 
of Thief River Fall and the ceded Indian reservation. The 
birds wintered well, and the spring was favorable to their 
hatching. 
"Then there are your old stamping grounds in Otter 
Tail, Grant, Wilkin and Norman counties. To specify 
particularly, the places to go wotdd be Hallock, Argyle, 
Stephen, Warren, Fergus Falls, Campbell, Aida, Morris, 
Thief River Falls, Red Lake Falls and Winnipeg Junc- 
tion. . They are the best places, with, of course, a great 
many others that it is not necessary to mention. 
"I am going myself on the first with our old friend, 
Jimmie Jones, who is our warden at Fergus Falls. We 
are going to have along with us four of the best meat dogs 
in the State — yon understand what they are. Judge Orr 
and Judge Countryman will be my shooting companions 
for that day, with Jimmie for guide. He reports that 
the chickens have not been as plentiftd in ten years up 
there as they are now, but, as I said before, it is the 
hardest work to keep them from shooting that I ever saw. 
We have an army of wardens in the field, and are making 
convictions. I sometimes wonder why men will take the 
chances when we are taking away their dogs and guns. 
During the last week we have taken eleven guns ; our 
office looks like an arsenal. Five of these are rifles, and 
were taken from deer shooters. Last week at Moorehead 
we got three guns and two dogs; at Benson we took one 
gun and one dog; at Duluth we got two guns; at 
Brainerd, three guns and two dogs. But, as I said before, 
men will take the chances, and, outside of losing their 
dogs and guns, it has cost for each chicken shot an aver- 
age of $22.50 each, and some of them are bound over to 
the Grand Jury, as in the case of Dr. McGee. of Benson. 
We gave him a chance to plead guilty for three birds — 
we caught him with nine — but he was bound to fight, and 
demanded a jury trial. The jury brought in a verdict of 
guilty, and we fined him $30, and $35 costs; then I gave 
them a little talk in the court room, and told them that, as 
he was bound to fight, we would accommodate him, so I 
swore out a complaint for the other six birds, and bound 
him over to the Grand Jury. 
"Two hotel keepers at Ten Strike, which is on the new 
line of the Brainerd & Northern Road, from Bemidji, were 
bouTid over to the Grand Jury on Saturday by our wardens 
— Stevens, of Detroit, and Saunders, of Brainerd. 
"I hope this information will do you some good. Do 
you think there is any show of your getting up to Minne- 
sota this year to hunt? If you can't get up for chickens, 
I can absolutely guarantee you the best quail shooting in 
the world. Last winter was the best winter that we ever 
had for quail to winter over, and we are seeing it in the 
increased bevies of quail. In a trip of twenty miles a 
week ago we ran across six large bevies in the road 
through a country that has never been considered a great 
quail country before. So, if you come to Minnesota, as I 
would like very much to see you do, I will drop all of our 
business and give you the hunt of your life. 
"I know the law passed last winter was very drastic in 
regard to the sale and shipment of game. We adopted the 
Forest and Stream's Platform entirely. But the Com- 
mission has made a new rule, which I think is a common- 
sense one, and that is, although the law says that no 
shipment shall take place, we will allow private individuals 
who go out into the field to ship from themselves to them- 
selves at their homes. We think this is a common-sense 
view. Of course, the minute any one ships for sale the 
game will be confiscated and prosecution will follow." 
The best answer to all the talk which we hear as to the 
futility of protective measures and efforts to preserve the 
game is the record of the Minnesota Commission under 
the charge of Mr. Fullerton. If anybody should drive up 
and ask you if protection can protect, you are safe in 
ansAvering that it can, in Minnesota. 
North Dakota Birds. 
Mr. Ever Wagness, the new game warden of North 
Dakota, is a resident of Devil's Lake, which certainly is a 
good place for the home of an active and enterprising 
game warden, since it is a point very much visited by 
shooters needing a $25 license. Mr. Wagness, in reply to 
an inquiry,' states that game was never so plentiful as it 
is this year all over North Dakota. As to a locality for 
wildfowl-shooting, one could not do better than to remem- 
ber Devil's Lake. For chickens, almost any of the points 
from Larimore west ought to prove good, subject, of 
course, to the will and pleasure of the sooner, who exists 
in North Dakota quite as much as anywhere else. 
Catfish and Chickens. 
I presume there does not exist in all the range of the 
joitrnalistic world a worthier, better or happier family than 
the Forest and Stream family. Ordinarily I do not make 
a practice of printing private correspondence without per- 
mission, but since the following letter is from Mr. W. A. 
Powel, of Christian county,- III., and hence may be called 
strictly within the family, I venture to give his last ad- 
vice from his corner of the world in toto, without stopping 
to ask his consent, since the matter is too good to keep. 
The pleasure and divers incidents of a catfishing trip you 
shall perhaps not see better set forth, even though you 
search far. The tenor of the letter reminds one some- 
what of that famous letter of the cowpuncher, who wrote 
to inform his boss that he "had to kill the Englishman," 
but nothing much had happened since the boss left: 
"Several of my friends here tell me that the chicken 
crop is good, and I hope to kill a few of them^ and there 
is a splendid prospect for quail. 
"We went to the river fishing last week, and had a 
lively time. You can talk about game fish and all that^ tsut 
