Jan. 4. 1902.J 
FOREST AND STREAM. 
9 
it'-s my belief the biggest sort of a rise on grain never 
warmed the cockles of his heart so much as did that. 
He got sort o' bigoty, and Joe and I proceeded to trim 
him. We put it to him hard to shinny on h : s own side. 
That is. if you are on the left side, shoot on that side 
only, not cross to center or right. When he did not do 
it, we swore point-blank that he had never touched a 
feather, no matter what. He got hostile after a while, 
and we put him out alone and he had that over-anxious 
feeling and missed clean. Then I gave him his "Need- 
ins," as Pefk called it. and he did the best work I ever 
saw a green hand do. To use his own words, he got into 
the game. 
We had all sorts of weather, but by the use of our 
heads, backed by a long experience of my own, we did 
a lot of snooting and had a royal old time. Even then, 
when the outing as a whole was the best of all the many 
we have had bv sea and land. North. South, East and 
West, the words of the old mossback farmer were at 
times spoken, as they alone seemed to be appropriate; 
which words were: "Wall, they is nfioW an ergin days 
when pork won't bile ; thet is, 'twon't du its haittsum er 
ez pooty ez 'twill t'other days." 
We had one little bit of a time with a teal duck that 
will go to prove the hang-on of Dakota fowl. Harry 
shot a teal on the pass that came down on to ground 
with a bump and a bounce; the dog got it, and I gave 
its neek a twist .or two and threw it dowp in the pile. 
About half an hour after it fluttered out of the pile and 
took wing., the dog and I after it hot foot. I could not 
shoot for the dog, and that duck got into the lake, a good 
hundred yards away. 
We kept the trail hot every day when it did not rain 
after sport of some sort, and while we did not slaughter 
nor go in to break any records, each day was. as Harry 
said, "worth the price of admission." and when the 
good-by time came, each had a complexion nor. found 
in drug stores. 
Appetite and digestion such as they alone have who 
see the stars fade before the sun, who follow afield with 
dog, gun and boon companions until da3 r light fades into 
a purple afterglow and the perfect day ends with the 
pipe, song and story, and we hear these last words 
spoken — "Good night." Pink Edge. 
p. S. — After this game was over I got into another one 
with a lady and a minister in the same game. "But 
that's another story," 
California Anti-Sale Law Upheld. 
Following is the tex.t of a decision recently given 
in a California case where the point at issue was the 
validity of the law forbidding traffic in game: 
In the Superior Court of the City and County of San 
Francisco, State of California. 
The Hon. Carroll Cook, Judge. 
In the matter of S. Kenneke, on Habeas Corpus. 
Dec'sion. 
The issues presented in this case are few — in fact, but 
one. That it, the val : dity of Section 626k of the Penal 
Code, as amended by the Act of the Legislature approved 
March 28. 1001. (Statutes 1901, page 820.) 
The question is presented to this court upon a writ 
of habeas corpus, a complaint having been filed against 
the prisoner charging him with a violation of such sec- 
tion, and a warrant issued thereon. The prisoner has 
sued out this writ of habeas corpus, claiming that said 
Section 626k, upon which the complaint is based, is void, 
because unconstitutional. 
The section in question reads as follows: 
"Every person who buys, sells, offers, or exposes for 
sale, barter or trade, any quail, partridge, pheasant, 
grouse, sage-hen, ibis, or plover, or any deer meat, 
whether taken or killed in the State of California, or 
shipped into the State from any other State. Territory, 
or foreign country, is guilty of a misdemeanor." 
It is contended by petitioner that the Legislature in 
passing said section of the Code has discriminated 
against a certain class in the community'. It is claimed 
to be class legislation and that it affords privileges to 
one class of the community, namely, to those who can 
hunt for themselves or hire some one to hunt for them 
as against another class who have not the time or the 
means of indulging in such pastime or of employing 
others to procure game for them. 
Respondent cites several cases from the Eastern States 
wherein similar laws have been sustained, but if a de- 
cision of this question rested solely upon the cases so 
cited. I hardly feel that I would be justified in accepting 
them as authority. The identical question here pre- 
sented has. however, been passed upon by our own 
Supreme Court, and a statute almost identical in 
language has been held by the Supreme Court of this 
State to be valid and within the power of the Legislature 
to enact. Until, therefore, the last mentioned decision 
shall have been overruled by our Supreme Court, it is 
my duty, as well as that of all Superior Courts of this 
State, to follow, as the law of the State, that decision, 
irrespective of any opinion I myself might have as to the 
validity of this statute. 
The case to which I refer, is the case of Ex parte 
Maier, 103 California, pp. 479, 483. The statute, the 
validity of which was called in question in that case, was 
Section 626 of the Penal Code as it was amended in 1893. 
The case was decided by the Supreme Court in August. 
1894; that Section reads: 
"Every person in the State of California who shall at 
any time sell, or offer for sale, the hide or meat of any 
deer, elk. antelope, or mountain sheep, shall be guilty of 
a misdemeanor." 
The learned Justice who wrote the opinion in that case, 
after devotfng some space to a construction of the s.atute 
and decided that it meant not only game killed within 
the State of California but also that which had been 
killed elsewhere and brought into the State, proceeds to 
discuss the question of its validity, and in that portion 
of the decision uses the following language: 
"Nor do we think that in giving the act this effect 
it contravenes the constitution of this State as being in 
excess of the police power of the State. The wild game 
within the State belongs to- the people in their collective 
sovereign capacity; it is not the subject of private owner- 
ship, except in so fair as they may elect to make it so; 
and they may, if they see fit, absolutely prohibit the 
taking of it, or any traffic or commerce in it, if deemed 
necessary for its protection or preservation, or the public 
good.- * * * 
While it is true that the power to regulate is not the 
power to destroy, in its absolute sense, it is, neverthe- 
less, true that the right to regulate frequently and as a 
necessary sequence carries with it the right to so control 
and limit the use or enjoyment of private property as to 
amount to its destruction." 
In coming to the conclusion which our Supreme Court 
did in that case it quotes with approval from the decision 
in the case of Wynehamer vs. The People, 13 New York, 
378. the following language: 
"The protection and preservation of game has been 
secured by law in all civilized countries, and may be 
justified oil manv grounds, one of which is for purposes 
of food. The measures best adapted to this end are for 
the Legislature to determine, and courts cannot review 
its discretion." 
As I before stated, in the Maier case, our Supreme 
Court has held valid a statute almost identical in words 
with the one here in question, and as that decision must 
be accepted, and is the law of this State until overruled 
by the Supreme Court itself, there is nothing for this 
court to do but to follow it, and so following it the statute 
here in question must be declared to be valid. 
For these* reasons the writ herein is dismissed, and the 
prisoner remanded. Carroll Cook, Judge. 
A Curious Shot. 
In 1873 Troop F. of the Fourth Cavalry, which I at 
that time belonged to. was stationed at the head of the 
Sabonal River, in southwestern Texas. There are a 
great many mountains here about the head of the river, 
and these mountains were full of deer then. I was 
quartermaster-sergeant of our troop, and often had as 
many as five or six deer hung up around my kitchen. 
We shot then in sight of camp more than once. 
One afternoon in December the captain had us out 
giving the horses exercise, and while we were riding up 
a little valley about a mile from camp, three deer were 
seen grazing' about 200 yards further up the valley. 
The deer saw us at about the same time we saw them, 
and taking the alarm, ran into a lot of bushes that were 
growing just at the foot of the mountain on the right. 
The captain halted us and told some of us try a shot at 
those deer. I and a trumpeter, who were riding just be- 
hind him, got off our horses to try this shot, and moving 
to the front, we began to load. 
Our arms at that time were Sharps' carbine and Colt's 
army pistol, both of them .45 caliber; but as the pistol 
cartridge was a little smaller than the carbine cartridge 
it could not be fired out of the carbine except the way I 
fired mine this time. 
I carried my cartridges, both carbine and pistol, in a 
small leather pouch, and being in a hurry now to load, I 
got hold of a pistol cartridge' and did not notice it 
until I had it shoved into the gun; then, not wanting to 
waste anv time in taking it out, I next got a carbine car- 
tridge, and pushing it in. forced the pistol cartridge 
forward out of the way. then closed my lever. I' knew 
that there would be no danger in firing the gun as long 
as both these cartridges touched each other. We were 
ready to fire now. and the captain told me to fire first; 
so kneeling on one knee. I took aim at the only part 
of any of the deer that I could see, a patch about as 
large "as my hand, that showed through the bushes; I 
took it to be the shoulders of a deer that was lying down, 
but could not tell much about it; the bushes were thick 
there, and none of them were in leaf yet. 
I fired, and two deer ran out and began to climb the 
side of the mountain. The trumpeter fired at them, but 
missed both of them. As we had seen three deer go in 
there, mine must be there yet: so the captain sent the 
trumpeter and a man up to get that one. The deer was 
brought in soon after, and I examined it now_ to see 
where I had shot it. and found that I had hit it just be- 
hind the right shoulder, and that the ball had not gone 
clear through. One of our packers who did our butch- 
ering: for me opened the deer, and I started to look for 
the "ball, but found the pistol cartridge instead. It was 
this that had killed him; the carbine ball had not hit 
hit him at all. The cartridge was in about the same 
shape now that it had been in when I put it in the gun, 
the only mark on it being a bruise on the point of the 
ball where it had struck a bone. 
I was anxious now to find out why this cartridge had 
not exploded: it must have been struck right on the 
primer by the carbine ball when it was being driven out 
of the gun, and the only reason that I could think of to 
account for its not exploding was that the cartridge 
must be defective, though I had never seen any of them 
misfire. I determined to find out. so putting it in my 
pistol I took it down on the river bank, and taking aim 
at a tree, fired, and found the cartridge to be all right; 
there was nothing defective about it, and cutting the 
ball out of the tree. I kept it as a memento for years 
afterward, and was sorry now that I had not kept the 
cartridge. I told this story to an old hunter once, only 
to be told that I had better keep that tale to give to some 
tenderfoot: he had done too much shooting himself to 
-wallow it." But I have given it here exactly as it took 
place. - Cabia Blanco. 
Erie, Pa. 
Wild Celery. 
New York, Dec. ir— W r ild celery does not produce 
seed, but must be propagated by roots or cuttings. It 
grows abundantly on the Chesapeake Bay, and our sug- 
gestion to parties interested would be to get some one in 
that neighborhood to collect some roots tor them. 
J. M. T. 
Georgia Quail. 
Hotel Lithia, Tallapoosa, Ga., Dec. 16. — Chas. Sawyer, 
of Boston, iust returned from a day's hunting with twen- 
ty-seven quail and two turkeys. Mrs. Sawyer got eleven 
quail. She had never fired a gun til! last month. How is 
that ? 
TheWangeTof'Shooting Game.J^ 
MorgantowNj W. Va., Dec. 25. — Editor Forest and 
Stream : Naturally it gives us a satisfaction to read from 
the pen of one whose experiences and opinions harmonize 
with our own. especially in discussing disputed points. 
Mr. Hardy's recent article in Forest and Stream, 
"Moose Hunting and Small Bores." is packed full of 
sound sense and sensible theories, which gives it a place 
along with other of Mr. Hardy's writings in the pages of 
my highly prized scrapbook. 
What deserves special mention in this article is that 
referring to the over-estimation of distances at which 
game is killed. Certainly no point in the narration of 
hunting experiences is so exaggerated as that of the dis- 
tances shot. So common is it that we scarcely think of 
commenting when we read of some one killing game 
three, four or even five or six hundred yards; and many- 
people with whom I have talked, and who have killed a 
considerable amount of game, scarcely ever mention any 
shot as being less than 200 yards, and anywhere from 
that up as high as their conscience will allow. Ordi- 
narily I have a rule of my own of dividing distances thus 
given by about two, and then sometimes it is too high, as 
I have reason to know. I fully believe that three-fourths 
of the deer I have killed have been shot at less than 
50 yards. 
Certainly much of the exaggeration of distances is due 
to a lack of judgment in estimating distance. 
It is human nature to try to reflect credit upon our- 
selves, for any achievements of our own. but just why 
the idea prevails that the longer distance at which game 
is killed, the more credit is due the sbooter, is where 
I get lost. The true and original type of the American 
hunter is the Indian. Perhaps no race of people has ever 
existed which is their equal in woodcraft. From _ our 
first knowledge of them their whole time and ambition 
was devoted to the study of wild animals, from the 
standpoint of how they could most successfully capture 
them, upon which depended the existence of their tribes. 
Since an Indian then in his native state is the superior of 
all other people in hunting and woodcraft, he might be 
termed the ideal hunter, from whom we all could profit- 
ably take lessons. Who ever heard of an Indian boasting 
of a long shot? 
The Indian's standard of a good hunter is not how far 
he can kill his game, but how close he can get to it. and 
when I read an account of a hunt where big game was 
killed at a short distance. I think, "That must have been a 
good, stealthy hunter to get so close." If the standard for 
good hunting was "How close can I get to my game?" 
rather than "How far can I shoot it?" much less wounded 
game would be left in the woods to die. 
In speaking of Indians hunting, one of their singular 
customs has come under my observation of which I have 
never heard any one speak, and many may not know. 
Some of the very best hunters among the Sioux Indians 
carry with them two small sticks about four feet long to 
use "as a rest when shooting. They usually carry them 
in the same hand in which they carry their -gun, and with 
wonderful quickness when they go to shoot they cross 
them a few inches from the end. lay the gun in the 
crotch thus formed, grasping the sticks with the hand 
where they cross, and resting the lower end on the ground, 
thus forming a sort of tripod, on which to rest their 
gun. It is amusing to watch the actions of expert Indian 
hunters as compared with white hunters. 
If, while going through the woods, they suddenly come 
upon and startle any big game, and it gets out of their 
sight before they get a shot, instead of standing and 
looking regretfully after it as most of us -would do, they 
dash off after it on a fast run, and generally manage to get 
a shot before it gets out of reach. 
Emerson Carney. 
The Proposed Maine License. 
The annual meeting of the Maine Sportsmen's Fish and 
Game Association takes place Jan. 7, when it is under- 
stood -that the principal subject of discussion will be that 
of requiring all non-resident sportsmen, who hunt in 
Maine, to pay for a license to do so. The feature will be 
advocated by several noted game protectors, their argu- 
ment being that the money is needed for the better pro- 
tection of game and the propagation of fish. It will also 
be opposed by men of influence in Maine legislative 
affairs; possibly encouraged by the railroads and trans- 
portation people, as well as hotel and camp keepers, their 
argument being that a license fee will tend to keep hunters 
out of Maine. They will argue that hunting and fishing 
in that State already costs more than in Canada, where 
guides and board are much cheaper than in Maine. Those 
most interested will do well to remember that the Maine 
Sportsmen's Fish and Game Association, although con- 
taining many leading fish and game protectors, as well as 
lovers of the rod and gun, and being an influential so- 
ciety as well, does not always carry every measure 
through the Legislature that it advocates. It eats a 
sjood dinner once a year at least, and talks a good deal, 
but does not carry through all the nonsense it proposes. 
Then again the Maine Legislature does not meet for a 
year, and matters and relations frequently change in less 
than a vear. even in a State as full of laws as Maine. 
The further restriction of the quantity of fish one may 
take in that State will also be a topic of discussion. A 
movement of that sort is needed very much, and will meet 
with the support of all reasonable lovers of the rod and 
reel. Special. 
Long Island Ducks. 
The season has been a remarkable one for Long Island 
ducks. The fowl have been present in greater supply and 
for a longer period than has been known in any season in 
recent years. Practically every one who has been ducking_ 
on Long Island waters this season has got a good bag of 
birds, and the rule has applied to the whole length of the 
shore line. __ 
Ducks at Orinoco. 
A New York party returning from Doxey's, at Orinoco. 
N. C, report having had excellent duck shooting at that 
point. The fowl have been abundant this year all along 
the Carolina coast 
