^02 
FOREST AND STREAM, 
[Sept. 14, looi. 
of game protection, it is not to be doubted that the Forest, 
Fish and Game Commission will be upheld. 
So long, however, as the sale of game is permitted in 
New York State, jttst so long will there be a constant 
temptation to the cold storage people and to unscrupulous 
poultry and game dealers to violate the State laws govern- 
ing the sale of fish and game. When the time comes — 
as it surely will come — that the State shall prohibit the 
traffic in game, then this temptation will be removed. 
J'VHY SHOOTING IS POOR. 
The tremendous seizure of game in the warehouse of 
the Arctic Freezing Company last May and June excited 
great attention all over the country, and it may be hoped 
has not yet been forgotten. It was made by Mr. J. W. 
Overton, one of the New York State protectors, whose 
energy in the field is well known to readers of Forest and 
Stream. The seizure was on a wholesale scale, and it is 
said that more than 50,000 pieces of game were captured. 
Recently a reporter of the Forest and Stre.vm accom- 
panied Mr. Overton to another storage warehouse, where 
in sealed baskets samples of the seized game are kept, to 
be used as evidence in prosecution of the warehouse peo- 
ple charged with possessing game illegally. An examination 
was made of the samples, for the purpose of identifying * 
the species, and the samples were compared with the list 
made by Mr. Overton and his assistants at the time of the 
seizure. The quantity of game shown on the list is stu- 
pendous, and yet the bare statement of the number 
of the birds, or of the barrels and boxes containing so 
many dozens or so many hundred ■ birds, conveys little 
impression to the average man. He passes over the words 
"a barrel of grouse.'' or "a box of English snipe," with- 
out much thought. But if he sees that barrel or that box 
emptied on the floor and takes in with his eye the num- 
ber of individual birds that it contains, he then begins to 
realize something of what 1,000 or 50,000 birds may mean. 
He sees in this barrel or in this box perhaps more than 
he ever killed in all his shooting. He knows that this 
barrel or this box is not one-hundredth part of the game 
received by this particular storage warehouse in a single 
season, and there is then borne in on him — perhaps for 
the first time — a realization of what the sale of game 
means to the game supply of this country. 
The samples examined were contained in fifteen large 
baskets, which, as stated, had been sealed up after they 
had been labelled and marked for identification at the 
time of the seizure. Each basket contained from twelve 
to thirty samples, and the work of going over the lots 
occupied several hours. Their contents included most 
of the commoner game of the country. Water fowl were 
less numerous than upland game, yet there were hundreds 
of canvasbacks, redheads and mallard ducks; about 9.000 
golden plover ; about 7.000 English snipe, besides vast 
numbers of sandpipers and yellowlegs, and a few wood- 
cock. Of quail there were between 4,000 and 5,000. There 
were nearly 1,000 ruffed grouse, about 1,200 sharp-tailed 
grouse, and nearly 4,000 pinnated grouse. All these were 
highly interesting as game, and hardly less so as ornitho- 
logical specimens, so great was the variety seen in them. 
The ground color of the sharp-tails varied from dis- 
tinctly rufous to very dark slate; the pinnated grouse 
seemed to run through all the forms described, as did 
also the ruffed grouse. 
Besides the birds distinctly game, there were nearly 
10,000 song birds, chiefly bobolink.s or reed birds and snow 
buntings. The .snow buntings were tied up in dozen 
bunches and were usually fat and in good order, but the 
best of the reed birds — which were as fat as butter — 
were neatly packed in pasteboard boxes, a dozen in each, 
and were attractive to look at. 
It has been stated that the freezer people were carrying 
on a legitimate business, and had nothing to conceal, but 
this statement is negatived by various marks on the boxes, 
which show attempts to deceive. Thus, boxes containing 
quail were marked "5 doz. squab." A box containing 
grouse and quail was marked "broilers" ; another con- 
taining ruffed grouse, "small broilers" ; a package con- 
taining woodcock was marked "B. geese" ; golden plover 
were marked "ducks" ; mallards were marked "pidgcon" ; 
grouse were marked "fowl" ; snow buntings were marked 
"fancy squabs" ; 300 big yellowlegs were marked "mixed 
fowl" ; 500 quail, "fancy poultry" ; 2,400 English snipe, 
"ducks," and so on to the end of the chapter. 
Besides the birds already mentioned, there were of 
ducks broadbills, pintail, green-winged teal, dusky ducks, 
blue-winged teal, widgeons, whistlers and ruddy ducks. 
There were thousands and thousands of sandpipers and 
hundreds and hundreds of upland plover. English 
pheasants and deer carcasses were there, the latter readily 
recognizable by bits of the hide and the tails still attached 
to the flesh. 
Suits have been brought against the freezer company 
for penalties in large amounts, and if these should be 
carried to a successful issue, it is hoped that the business 
of keeping game out of season in New York city will 
have received a shock from which it will not easily re- 
cover, It is certain that nothing that could be done in the 
way of preserving the game supply would be at all com- 
parable in importance with the putting an end to this 
freezer business. Men will not kill for the market unless 
they can sell their game, and purchasers of game — even in 
the cities — will not buy it in great quantities unless they 
can be sure that it will be preserved. 
Attention has already been called in the Forest and 
Sa-REAM to the fact that the game held in cold storage in 
the rooms of the Arctic Freezing Company was in a 
double sense illicit. It was held unlawfully in close sea- 
son, and besides this, it can undoubtedly be shown that 
it was shipped in violation of the laws of the States where 
it was killed. While, of course, in the case of many of 
the packages it would be impossible to determine whence 
the game came, yet there is evidence in the marks on 
barrels and boxes that some of it came from Indiana, a 
State in which the law provides that certain specified 
game as deer, quail, partridge, wild duck, grouse, prairie 
chicken and woodcock, shall not be transported by any 
railroad company, express company or other common 
carrier beyond the limits of the State. It is, of course, 
well known that Connecticut, New Jersey, Pennsylvania 
and other States forbid the export of their game, and such 
game reaching New York is contraband and cannot be 
dealt in. 
As was said in Forest and Stream at the time when 
the .seizure was made: 
"We have here quite the most interesting and im- 
portant issue that could be made in relation to game 
protection. The point to be tested is the constitution- 
ality of a law which prohibits in one State the possession 
in close season of game imported from another State. 
The New York case is of national interest and of national 
importance, because the principles involved are of na- 
tional application. While the entire prohibition of the 
possession and sale of game in the close season irrespec- 
tive of the origin of the game is not universal through- 
out the country, it prevails so generally that it may4)c 
said to be a characteristic feature of game protection 
in the United States, just as it is abroad. It is a factor 
of such importance as to be absolutely essential to any 
effective scheme of game protection. Every State, then, 
which has such a law, and depends upon it to keep its game 
from the market in close time, is concerned quite as much 
as New York in the result of this test suit, since upon 
the outcome will depend the determination of' the con- 
stitutionality of all such laws." 
The Seized Game. 
We give below a list of the different lots of birds seized 
by Mr. J. E, Overton in May and June last, at the rooms 
of the Arctic Freezing Warehouse. This list, however, 
does not include the seizures of the first day, which, by 
order of Police Justice Brann, were sealed up and put 
back in storage before samples were secured by the game 
protector. The defendants in the suit brought on the 
case have asked for a bill of particulars of the birds 
seized, and the facts for this bill of particulars arc given in 
the subjoined list, except so far as the seizures of the first 
day are concerned. The lots seized the first day are im- 
doubtedly still in the custody of the Arctic Freezing Ware- 
house, or if they are not, the Arctic Freezing Warehouse 
people will be able to tell where they are and why they 
were removed from the rooms to which they were re- 
turned by the Justice. 
The "lots" enumerated often consisted of several boxes 
or barrels, but in the list are given the number of birds in 
each lot, the English name and the Latin name. The list 
is commended to the attention of all gunners. It follows : 
ROOM 5, LOTS I TO 4. 
540 quail {Colinus virginiamu) . 
97 grouse (Tympanuchus). 
2 pheasants {Phasianus). ' 
91 quail {Colinus). 
110 quail (Colinus). 
ROOM 36, LOTS 5 AND 6. 
408 wild birds, golden plover (Charadrius domiiiicus) . 
400 wild birds, golden plover (Charadrius dominicus). 
ROOM 37, LOTS 7 TO lO. 
i web-footed wildfowl broadbills (FuHgula marila). 
98 grouse, sharp-tail {Pedicecetes), 
60 grouse, pinnatsd {Tym^anuchus). 
116 grouse, sharp-tail (Pedtoecetes). 
ROOM 4, LOT II. 
wild deer, not seen. 
ROOM 3, LOT 12. 
600 wild birds, English snipe (Gallinago delicata). 
ROOM 39, LOTS 13 TO 3I. 
23 web-footed wildfowl, green W. teal (Nettion caroliiiciisis). 
90 grouse, sharp-tail. 
26 web-footed wildfowl, mallards (Anas boschas). 
16 web-footed wildfowl, canvasbacks {Ayihya vallisneria). 
62 wild birds, golden plover. 
72 grouse, ruffed {Bonasd), 
1416 wild birds, snow buntings (PlectropJmiax nivalis). 
300 wild birds golden plover. 
10 web-footed wildfowl, dusky ducks (Anas obscnra),. 
83 grouse, sharp-tail. 
85 grouse, sharp-tail. 
75 grouse, sharp-tail. 
43 grouse, pinnated. 
96 wild birds, pectoral sandpiper (Tringa nmculata). 
29 web-footed wildfowl, canvasbacks. 
276 wild birds, English snipe. 
43 grouse, ruffed. 
240 wild birds, golden plover, 
37 web-footed wildfowl, mallards. . 
ROOM 10, LOTS 32 TO 47. 
22 wild ducks, mallards. 
JIO grouse, pinnated. 
67 grouse, sharp-tail. 
48 grouse, pinnated. 
88 grouse, pinnated. 
18 pheasants, English. - ' 
288 wild birds — reed birds, boboHtiks (Dolichonyx orysivorus). 
18 grouse, ruflfed, 
85 grouse, pinnated. . 
11 grouse, ruffed. 
85 grouse, pinnated. 
85 grouse, pinnated. 
35 wild birds, upland plover (Bartramia longicauda). . 
26 pheasants, English. 
63 grouse, pinnated. 
80 grouse, pinnated. 
ROOM 23, LOTS 48 TO 53. 
52 grouse, pinnated. 
97 quail, Virginia. 
287 quail, Virginia. 
107 quail, Virginia. 
107 quail, Virginia. 
41 grouse, ruffed. 
ROOM 24, LOTS 54 TO 64. 
240 quail, Virginia. 
12 grouse, ruffed. 
8 grouse, ruffed. 
48 quail. 
72 quail. 
■51 grouse, pinnated. 
18 grouse, ruffed. 
96 woodcock {Philohcla minor). 
44 wild ducks, canvasbacks. 
Vi venison, Virginia deer. 
70 grouse, pinnated. 
75 grouse, sharp-tail. 
ROOM 25, LOTS 65 TO 68. 
28 wild ducks, mallards. 
31 grouse, sharp-tail. 
72 quail, Virginia. ' 
30 grouse, sharp-tail. 
ROOM 26, LOTS 69 TO 89. 
108 teal (domestic pigeons). 
6 wild ducks, canvasbacks. 
48 grouse, pinnated. 
21 wild ducks, ruddy (Erismatura rubida). 
30 wild ducks, canvasbacks. 
59 wild ducks, redhead. 
800 wild birds, golden plover. 
400 wild birds, golden plover. 
400 wild birds, golden plo\er. 
400 wild birds, golden plover. 
26 wild ducks, brant (Bran fa beTnicl(^, 
1152 wild birds, snow buntings. ' 
27 wild ducks, brant. 
26 wild ducks, redheads. 
77 wild ducks, redheads, ' 
45 wild ducks, redheads. 
21 wild ducks, redheads. 
400 wild birds, golden plover. 
400 wild birds, golden plover. 
400 wild birds, golden plover. 
400 wild birds, golden plover. 
ROOM 30, LOTS 90 TO IO4. 
100 grouse, pinnated. 
11 wild ducks, mallards. 
100 grouse, plinnated. 
100 grouse, pinnated, 
17 wild ducks, mallards. 
4.50 grouse, pinnated. 
100 grouse, pinnated, 
100 grovise, pinnated. 
100 grouse, pinnated. 
32 wild ducks, mallards. 
9 grouse, sharp-tail. 
1 carcass venison, Virginia deer. 
2 carcass venison, Virginia deer. 
2 carcass venison, Virginia deer. 
2 carcass venison, Virginia deer. 
ROOM 29^ LOTS 105 TO 1 1 8. 
14 grouse, ruffed. 
25 grouse, ruffed. 
35 quail. 
3 grouse, ruffed. 
16 wild ducks, canvasback. 
48 wild ducks, pintail. 
62 wild ducks, mallards. 
64 ruddy ducks. 
60 ruddy ducks. 
40 wild ducks, brant. 
12 grouse, pinnated. 
40 wild ducks, brant. 
56 grouse, pinnated. 
390 quail. 
12 wild ducks, mallards. 
ROOM 28, LOTS 119 TO I24. 
44 grouse, ruffed. 
40 wild birds, snipe (Bartram's sandpiper). 
48 grouse, sharptail. 
48 grouse, ruffed. 
46 grouse, ruffed. 
48 grouscj ruffed. 
ROOM 27, LOTS 125 TO 129. 
3168 wild birds, sandpipers. 
18 wild ducks, mallards. 
1056 wild birds, English snipe. 
60 grouse, ruffed. 
240 wild birds, English snipe. 
ROOM 41, LOTS 130 TO I46. 
11 grouse, ruffed. 
720 wild birds, reed birds (bobolinks). 
30 wild ducks, ruddy. 
5760 wild birds, snow buntings. 
53 grouse, sharp-tail. 
58 grouse, pinnated. 
12 quail. 
61 grouse, pinnated. 
55 grouse, pinnated, 
48 wild ducks, widgeon. 
36 pheasants, 
408 quail, Virginia. 
167 quail, Virginia. 
143 wild birds, Bartram's sandpiper. 
68 grouse, sharp-tail. 
92 grouse, ruffed. 
400 quail, Virginia. 
ROOM 43, LOTS 147 TO 1 55. 
22 wild ducks, goldeneye {Clangula clangula). 
46 grouse, pinnated. 
2 carcasses venison, Virginia deer. 
92 grouse, pinnated. 
90 grouse, sharp-tail. 
2 carcasses venison, Virginia deer. 
227 quail, Virginia. 
65 wild ducks, canvasback. 
92 grouse, pinnated. 
ROOM 44, LOTS 156 TO 1 64. 
10 grouse, ruffed. 
36 grouse, sharp-tail. 
288 w-ild birds, little yellowlegs (Toianus Havipes). 
30 wild ducks, mallards. 
28 wild ducks, green-winged teal. 
96 v/ild birds, pectoral sandpiper. 
36 wild ducks, canvasback. 
150 wild birds, golden plover. 
28 wild ducks, canvasback. 
ROOM 45, LOTS 165 TO 177. 
70 quail, Virginia. 
48 grouse, pinnated. 
32 grouse, pinnated. 
1200 wild birds, Bartram's sandpiper. 
77 grouse, pinnated. 
48 grouse, sharp-tail. 
32 grouse, sharp-tail. 
43 wild ducks, canvasbacks. 
100 wild ducks, blue-winged teal. 
200 wild birds, small yellowlegs, 
20 wild ducks, mallards. 
48 grouse, sharp-tail. 
1000 grouse, pinnated. 
