FOREST AND STREAM. 
351 
our State, then compute the loss in eggs, add this, and you 
have a loss in foodstuff simply tremendous — a waste 
that no community can afford. 
I commend this problem to the lawmakers; to the 
true sportsman I would say, "Think of the unprotected 
game in the fields for which there is no shelter, and for 
which no watch dog gives warning of approaching dan- 
ger; think of the hungry foe ever on the trail, and con- 
sider if we can belter protect our game than by the en- 
actment of the good, old law which at once converts the 
"man with a gun" prowling the woods into a game war- 
den, instead of a poacher, who will hunt for scalps on 
which a price is set, rather than for the game which he 
cannot lawfully sell. 
Let our sportsmen and lawmakers consider this. 
L. P. Blow. 
The Gun Borrowers. 
Editor Forest and S f renin. ■ 
Now is the time when the mushroom sportsman is in 
evidence. I don't mean one who is out after mushrooms, 
but I have in mind the kind of sportsmen who spring up 
in a night. They have lived ever since last fall in a 
dormant state; have thought nothing of dog, gun, hunt- 
ing coat or anything else until now. But now they come 
to their friends bright and early in the morning and say, 
"Lem'e take j^er gun, will ye? And say, have yer got any 
more of them good shells left T heard you had last fall?" 
If they can get a gun. then they want to see if your hunt- 
ing coat will fit them. If they can get your gun they keep 
it for a week without cleaning, stand it up out in the 
woodshed or some other conven'ent building, and when 
you ask for it they forgot all about it. promise to buy it 
and "Where can I get one like it?" and "It's a dandy, 
ain't it?" If it had not been a dandy it would not have 
been asked for, for these mushrooms that spring up in a 
night do not generally ask for a poor article. 
Sportsmen of this kind will sit around the grocery 
store in the even'ng, make their plans and each one tell 
whose gun he is going to (try to) get and what kind of 
shot to use; and if they can't borrow shells loaded with 
buckshot for rabbits, some miserable cuss is to blame for 
not keeping such shells on hand. I have been' through 
all this^ I have had my gun go out bright and clean, to be 
sent back to me all pitted with rust outside and in. But I 
have given up the practice of lending to this class. I 
think if a man can afford to lose time from his regular 
vocation to go shooting, he can afford to have his own 
tools. If not, he had better steal them right out and 
ouL I have two verj' nice guns — ^one I always have at a 
friend's house, and the other I can't lend, because I 
always want a gun around the house. There is an article 
in the Constitution of our country which provides that I 
am entitled to keep it for my own use. 
Will some one back me up in what I have said? I may 
be harsh, but I know truthful, in this article. *** 
mid 
Proprietors of fishing resorts will find it profitable to advertise 
them in Forest and Stream. 
New Hampshire Gfowse and Woodcock* 
DuNBARTON, N. H., Oct. 21. — Some of the accounti, in 
the Forest and Stream report grouse as plenty in some 
parts of Massachusetts and Maine. In this section they 
are very scarce. About all I have found so far were very 
much scattered, with seldom over three in a cover and 
often but one. Last summer there were practically no 
blackberries and a very light crop of apples. Ordinarily 
I have on my place over one hundred and fifty bushels of 
what is called natural fruit, and some fifty or more bar- 
rels of grafts. This year I had just half a bushel of grafts 
and I do not think I could have found a bushel of other 
apples. Our grouse have always acted as though they 
depended on a good crop of blackberries. We would 
find them during the early part of the season on such 
grounds. Later they were around the apple trees. This 
year they seem to have deserted such grounds, and, to a 
great extent, all others. I am finding some, but I have 
to go over a great deal of ground, and they are very 
few and far between. 
There seems to have been quite a flight of woodcock, 
but they steer clear of what have been good grounds. 
About a week ago two of us shot in a very small cover 
one afternoon eighteen woodcock and one grouse. To- 
day we tried the same place again, and bagged twenty- 
four woodcock and one grouse. During the forenoon 
we killed twenty-nine birds (twentj'-four woodcock and 
five grouse), letting six rabbits run past without shoot- 
ing. In times past I have often found quite a number 
of woodcock in a day's hunting, but I never found so 
many in so small a cover. To-day they would get up 
entirely too fast. Standing still with our dogs at heel 
we had seven cock and one grouse down before we could 
let the dogs retrieve one, 
I like to get shots at any game I am hunting, but I do 
not want them to come as fast as they did at one time 
this morning. C. M. Stark. 
Massachusetts Shore Birds. 
Boston, Oct.. 35. — ^The shore bird gunners are in trou- 
ble. Last Sunday the flights were large, big bunches go- 
ing southward all day. At Brant Rock and other points 
the temptation was too great, and several Boston gunners 
went out with their guns and shot a large number of 
coot and other ducks. They hired dories and went out 
half a mile or more, and found the shooting good. None 
of the resident gunners disregarded the Sunday law, and 
now they are complaining and asking that the Sunday 
law be enforced- Boston gunners do not deny that they 
broke the law, but say that the flight was too good to lose. 
One of their number says that he shall stand by this 
moral right to shoot on Sunday; that he should do so 
again, under like circumstances. The smelt fishers are 
out every Sunday, openly, with all their tackle in sight, 
and they are not troubled by the officers of the law. What 
is the greater harm in gunning? The gunners will stand 
prosecution, if the officers desire it while they believe that 
fines would be raerely_ nominal, since they know that at 
least one of the local jugtit?? is sympathy with them, 
Speoajl, 
Jess t* Fish. 
Prom the Denver (Col.) Times. 
Like t' sit aroun' an' fish 
Where the pleasant waters swish; 
Like t' lie 
With my eye 
On th'^ fly 
An': jess watch 'th' trout begin 
Tumblin', rollin', fallin' in; 
Where th' pleasant waters swish, 
Like t' loaf aroun', an' fish. 
Like t' leave my cares behind 
An' escape th' daily grind; 
Like t' dream 
I By th' stream 
Where fish seem 
Jes' t' gleam 
Underneath th' summer sun 
Where I've got 'em on th' run; 
Like t' leave th' daily grind 
An' my care an' work behind. 
Like t' take myse'f an' go 
Where the waters, sweet an' low, 
Tumble 'round 
On th' ground 
An' surround 
Seven-pound 
Trout that's playin' in th' stream, 
Where th' spotted beauties gleam; 
Where th' waters, sweet an' low. 
Like t' take myself an' go. 
Like t' go out jess t' fish 
Where th' waters swirl an' swish; 
Like t' set 
By th' wet 
An' forget 
Every fret; 
Like t' set 'found an' dream 
While I whip th' tumbling stream, 
Where th' waters swirl and swish ; 
Like t* go out jess t' fish. 
Sawdust in Trout Streams* 
Boston^ Oct. 28. — Editor Forest and Stream: Many 
an ardent angler can recall how he has suffered in mind 
when he has felt powerless to prevent the ruin of trout 
fisliing in some favorite brook, wherein, year after year, 
.sawdust has been poured, to such an extent that spawning 
beds have been destroyed and the abundance of fish has 
sadly decreased in consequence. Because of this it has 
been found necessary in some States to enact special legis- 
lation to control this peril to fish life streams. Eleven 
years ago the General Court of Massachusetts enacted 
a la^\' to limit or prevent the pollution of trout streams 
with sawdust. This provided that whenever the Fish 
and Game Commissioners should decide "that the fish of 
any brook or stream * * * are of sufficient value to 
warrant the prohibition or regulation of the discharge of 
sawdust from saw mills * * * and that the discharge 
thereof from any particular saw mill materially injures 
such fish," they could restrict the pollution by an official 
order. The penalty for violation of such an order was 
fixed at $25. 
It will be evident from the foregoing that the enforce- 
ment of a law like this entails a lot of work on the Com- 
missioners, for a proper consideration of the requirements 
of the act compelled a personal inspection of miles of 
.streams before orders were issued. It may not. then, be 
wondered at that, until recently, little has been done to 
make the act operative, and as a result the mill owners 
have practically forgotten there was such a law. The 
reason for this is found in the fact that the mills are 
usually located in more or less remote and out-of-the-way 
places in the wooded areas, but almost without exception 
they are on the banks of streams that formerly teemed 
with trout. To get to them it is generally necessary to 
take a long carriage drive over country roads, and, when 
-several niills are visited in one day, a trip of thirty or 
forty miles is a common experience. At each stopping 
place it is on the programme to inspect the mill and the 
streanis, and to acquire all practical knowledge of the 
condition of both, and especially concerning- the feasi- 
bility of disposing of the sawdust so that it will not go 
into the water. Of course, where there has been no legal 
restriction, all water-driven mills discharge the sawdust 
into the streams. Thus the bottom of a brook, and espe- 
cially the deep pools and eddies, is covered with the slimy, 
decaying stuff, which renders the stream more or less un- 
fit for fish to breed and thrive in. Some of the best 
trout brooks in the State have suffered seriously from 
this evil, and the wonder is that any fish are left in them. 
During the last two years much has been done by the 
Fish and Game Commission of this State to correct this 
evil, or to arrest its development to the point where many 
streams will be made utterly barren of fish life. Mr. 
Collins, chairman of the Commission, has, I learn, per- 
sonally visited between forty and fifty saw mills in various 
sections of the State, and, with few exceptions, the OAvners 
of these have been ordered to keep their sawdust out of 
the brooks. Trips to these mills are always to be classed 
as hard work, involving long hours, irregular meals and 
occasional experiences which are not entirely agreeable, 
A trip recently made may serve as an example. 
Leaving Boston on Thursday afternoon s express, a 
ride of about three hours brought Mr. Collins to an in- 
terior town, where he was met by a. deputy who had been 
ordered there because he knew the location of the mills. 
Next m.orning the temperature had dropped nearly to 
freezing, a stiif northwest gale was Blowing, with passing 
haii §t^9Ws, cORtiflwe4 tlwgvghciUt the day, A 
drive of forty miles and an evening ride on an electric car 
to another town finished the day. Waking at 4 o'clock 
Saturday morning, another forty-mile drive, a late sup- 
per, on a night train, delayed by a wreck on the road, and 
getting home at 2 o'clock Sunday morning, completed a 
brief but somewhat strenuous trip for the preservation of 
fish in our trout streams. 
Of course the mill owners don't like this; it would not 
be reasonable to expect they would, and they maintain 
that there are not fish enough in the streams nor ever will 
be to justify the action taken. But there is a difference 
of opinion, and the following statement of fact will indi- 
cate there is reason for it : 
The owner of a mill who was ordered last year to keep 
sawdust out of the brook on which his plant was located, 
stoutly urged that the order was unwarranted because of 
lack of fish in the stream. It is quite possible he felt 
justified in this, for the sawdust probably had kept trout 
from coming up the brook. In the early part of last 
July, however, two old anglers who had fished in Maine 
and New Hampshire, and were familiar with the streams 
of those States, started out one morning to fish the brook 
referred. The result was that, together, they took thirty- 
three square-tail trout, that ranged in size from a little 
over nine inches in length to a weight of one and a half 
pounds. In all their experience in other States they had 
never seen so fine a string of brook trout, so they de- 
clared. Is this sufficient to justify the attempt of the 
State Commissioners to save our trout streams from 
further pollution by sawdust? Bay State. 
Canadian Angling Licenses. 
The non-resident fishing license cases in the County 
Court of Yarmouth county, N. S., have Iseen decided ad- 
versely to the defendants. Judge Savary filed the follow- 
ing opinion, in which he sustains the judgment of the 
stipendiary magistrate, upon the grounds taken by the 
fishery overseer: 
COURT .HOUSE, YARMOUTH. OCTOBER TERM, 1901. 
The King, on. the complaint o£ A. M. Hatfield, 
vs. 
Charles Townsend. 
The same, 
vs. 
Charles Murtagh. 
The same, 
vs. 
J. Barton Townsend. 
I certainly think there is an appeal to this Court from 
these convictions, as from other summary convictions. 
The appeal to the Minister of Marine and Fisheries given 
by the Act, Chapter 95, Revised Statutes of Canada, Sec. 
18, Sub-division 6, does not take away the general appeal 
to this Court tmder the Criminal Code. Sec, 879. My 
duty is to decide whether these parties were properly 
convicted. If my decision should be against them they 
can still appeal to the Minister and procure the remission 
of the penalties if he thinks the enforcement of the law z 
hardship in the particular case. 
The conviction in each case is for a violation of certain 
regulations made under Sec. 18 of the Fisheries Act, re- 
specting fishing by foreign sportsmen in the inland waters 
of Canada. 
These regulations are first an order in Council of June 
30, 1894, of which the object is stated to be "the more 
efficient protection of game, fish and the prevention of 
abuse by foreigners angling in the inland waters of the 
Dominion," and it proceeds to ordain that no person other 
than a British subject shall angle for, fish for and take 
(besides other fish specified) trout in Canadian waters 
without having first obtained an angler's permit issued 
by the local fishery officer in each district under the au- 
thority of the Minister of Marine and Fisheries ; and that 
each person not a British subject shall pay for such 
angler's license a fee of $5 for a period of three months or 
$10 for a period of six months. On the first day of the 
following August a further order in Council was passed, 
with a preamble stating that it was deemed advisable 
to amend the regulations of June 30, so ks to exempt 
under certain conditions foreigners domiciled in Canada 
from the regulations requiring permits, and proceeding to 
ordarn as follows : "Foreigners where temporarily domi- 
ciled in Canada and employing Canadian boats and boat- 
men shall be exempted from the regulations requiring 
permits." 
The argument was on the meaning of the words "tem- 
porarily domiciled," and cotinsel on both sides seemed to 
agree that this was a self-contradictory phrase; an in- 
artistic and inconsistent term, barely capable of a sensible 
construction. On full consideration I must say I cannot 
altogether concur in this view, but on the contrary it may 
be that no other language could be found which would 
more adequately express the intention of the enacting 
authority. _ Foreigners "visiting Canada," or "temporarily 
residing" in Canada might have included some whom i"t . 
was the policy of the law to exclude from the privilege of 
fishing in our waters freely and on the same terms as our 
own people. It was laid down by an old authority that 
"the word 'domicile' has many meanings, according as it 
is used with reference to succession and other purposes. 
A person may have retained a foreign domicile for many 
purposes, and yet may be domiciled in England, so as to 
give jurisdiction for divorce." — Fisher's Digest, p. 3187- 
So in the case of regulations under the Fisheries" Act 
the word may be used in a sense not strictly technical, 
but one which renders the adjectives "temporary" and 
'•permai;ent" by no means inconsistent or inapplicable. 
It niay, for instance, mean living in the country for a 
limited period under such conditions as would give the 
foreigner a domicile here for all purposes, if such evi- 
dence were, or were intended to be permanent. In the 
case of Le Mesurier vs. Le Mesurier et a!, in Appeal 
Cases, 1895, P- SI7, Lord Watson (at page 540) speaks of 
the domicile for (the time being) of a married pair, and 
in another places quotes from Lord Westbury m Gould 
vs. Gould. L. R._3 H. L., 85. the expreseion "permanent 
domicile," showing that these terms are not so very 
anomalous or self-contradictory, but that the expression 
"tem.porarily domiciled" must be construed and given 
effect to under the ordinary rules governing the con- 
struction of statutes and with a view to the objspt and 
policy of the Legislature, In King vs. Foxwell, 3 Chap. 
Division, p. 318-, Jessd, M. R„ asks himself the questiot^, 
