38 
FOREST AND STREAM. 
[Feb. % 1902. 
On three occasions I got only, one, on another two deer, 
on another three, another time five, and another seven, 
making a total of twenty deer for eight trips covering 
twenty > weeks. At this rate I would have gotten the 
legal limit of three deer for three weeks' open season. 
But, and you may well spell the word with a big B, there 
were only thirty deer killed by the entire party in all 
those hunts, and the party averaged five to six men. ' In 
other words, forty-four men killed thirty deer in eight 
years. 
The reason was — and it applies in many other in- 
stances — that a large per cent, of my companions were 
not hunters. They enjoyed the outing, and were full of 
hope that they might bring down a deer. 
Four of my especial friends have been with me five 
trips, and three of them on another, when I did not go; 
also two of the number have been to the Yellowstone Na- 
tional Park, and were last fall in Maine, and neither of 
them has ever killed a deer. Now, I have no doubt there 
are many such enthusiasts scattered over Ohio and In- 
diana. They are willing to spend a reasonable amount of 
money ; that is, they will pay transportation to any point 
decided upon, hotel and all other necessary expenses for 
the sake of an outing. AVe have been in the habit of 
camping in tents, and having the train put us off at some 
water course or lake in the wildest and wooliest spot 
reached by that particular railroad, and, as a matter of 
convenience, we have gone furnished. 
Such a precaution may be unnecessary in Maine, but 
possibly Ohio and Indiana boys are not aware of the 
fact, and if Commissioner Carleton was ever set off a 
railroad at 6 P. M. or 6 A. M. after a ride of 500 or 
600 miles, and as the train sped on, he looked at his 
surroundings and found only wood and water, and by 
comparison with his railroad guide and a near-by mile 
post, found himself nine miles by rail from the nearest 
point for purchasing supplies," with no wagon roads nor 
settlers to use them, he would thank his lucky stars he had 
brought those potatoes with him. 
In fact, it is "small potatoes" to take a sportsman to 
task for looking after his own comfort and convenience 
If he is a sportsman he is a gentleman ; and if he takes 
his bread and butter from home, it is for convenience and 
that is sufficient reason. 
I have been reading about Maine in Forest and Stream 
and I fail to see where any hunting party of say half a 
dozen- men can camp and enjoy themselves with a more 
limited outfit than is customary in Michigan and Wis- 
consin. To expect to buy this outfit, or find it awaiting 
their arrival at their destination, is manifestly absurd 
when it is not always certain twenty-four hours before 
starting as to who or how many may go. But why 
reason when the proposition to tax non-residents is not 
based on reason? 
I am going to propose an amendment to the Michigan 
game law, however to wit: Charge non-residents a 
license fee of $10. Allow each licensed hunter to kill one 
deer and take home what he does not consume of it I 
would not care for the $10, and I would be willing to 
stop at one deer if only I were permitted to bring home 
what I did not consume in camp. The present law is so 
unreasonable and unjust that, there is every inclination 
on the part of visiting sportsmen to violate it with im- 
punit y- G. W. Cunningham. 
Gloversville, N Y., Jan. 2$.-Editor Forest and 
Stream: I would like to be heard in regard to the non- 
resident license. It really makes me tired to think of it 
1 tor one shall do no fishing or hunting in a State that 
requires me to pay a license. I don't see where other 
Mates have so much more advantage in the quantity of 
game over my own State of New York, that we should 
Wp ? n V°. the l™ 6 of $2S if we should ™it in some 
Western State and wanted to enjoy a day or two with 
the quail or prairie chicken. My own State is as free 
from license as the water that flows, and that it may ever 
Efl| S ° l\u y Ernest wish. Living as I do in the foot- 
hills of the Adirondacks, I know something about the 
game supply. J. £ Drake 
CHICAGO AND THE WEST. 
"Western Game and Western Laws. 
Chicago, 111., Jan. 22.— Not much attention was paid 
to the non-resident acts of Michigan. Wisconsin and 
Minnesota but when Indiana put a $25 tax upon Chicago 
visitors, things began to get mighty interesting to the 
sportsmen of this city, for hunting in Indiana has hereto- 
fore been about as free as air. So muchtoas this non- 
resident license of Indiana galled the spirit of the Chicago 
public, that there is loud and growing talk of a test case 
beating upon the whole non-resident tax' idea 
Yet not without a subtle revenge has the Chicago 
sportsman been in his attitude toward the Indiana citizens 
who inflicted this hardship upon his northern brother It is 
rumored, with probably some support in fact, that it was 
the I olleston Club which was behind the Law and Order 
League which was formed in upper Indiana not long ago. 
1 his League dug out of the musty pages of the Indiana 
statutes an old law forbidding hunting on Sunday. This 
aw has quietly and yet sternly been enforced in a very 
large number of instances in the State of Indiana, and 
the town dweller or the busy country lad who has been 
wont to take his gun. and go out for a little shooting on 
bunday has in many an instance found himself brought 
up with a round turn. Perhaps he did not know and 
will not until he reads this in type, that his undoing was 
a quiet cross-counter intended for those Indiana persons 
who made it a hardship for the Chicago man to shoot in 
Indiana, where everything was wont to be free. 
A curious effect of this enforcement of the Sunday law 
is noticeable in the Calumet Heights Club, also a Chicago 
organization, whose grounds are across the line in Indiana. 
This club is not so much a duck shooting club as its 
wealthy neighbor on the Little Calumet, but it is rather a 
country club, where members and their families pass a 
day or so at the end of the week. Some of these mem- 
bers, it may be frankly stated, as it is the truth, have 
been m the habit of doing a little Sunday shooting. All 
this has been stopped by the Indiana league above men- 
tioned. Indeed, one Qduraet Heights member was ar- 
rested and mildly fined for being caught out in his boat 
on the river one Sabbath day. The result has been that 
the attendance at Calumet Heights Club during the last 
fall and early winter has fallen off very sharply. 
So far as can be determined, Tolleston Club does not 
in the least suffer by the present game situation. Its 
members are nearly all wealthy men, quite able to pay 
the $25 license and quite able to run down to the club 
on any day of the week when the shooting may be good. 
It is no hardship for them to hang up their coats on Sun- 
day. Moreover, the enforcement of both the non-resi- 
dent license act and the Indiana Sunday law has been an 
excellent thing for Tolleston Club marsh. Its mem- 
bers have had good shooting, although they have said 
mighty little about it. 
About Wild Celery. 
Mr. Jasper B. White, of Waterlily, N. C, in the Curri- 
tuck Sound country, writes ; "In Forest and Stream of 
Jan. 4 a New York writer says that 'wild celery does not have 
seed.' I am not well enough acquainted with the scientific 
names of the many kinds of duck foods to discuss the mat- 
ter with him, but I do know that what we call 'wild celery'- 
here at Currituck does have seed, and is the kind of 
food always selected by canvasbacks, redheads and ruddy 
ducks in preference to all others, and is the kind of food 
that gives them such a delicious flavor. It resembles 
celery, has seed on top, and a small root or bulb, which 
tastes almost exactly like garden celery. If you can help 
me in the matter, I shall appreciate it very much indeed, 
as I have promised to get about eighty bushels for differ- 
ent gentlemen, from Texas to Maine, and I have no 
desire to lead them astray. My only wish is to help them 
secure the kind of food which will secure the same de- 
licious flavor for their ducks that we have at Currituck." 
I do not think that Mr. White need fear that he has led 
any one astray in sending out wild celery seed. This is 
an industry which at- one time had considerable propor- 
tions in the Koshkanong Lake country of Wisconsin, 
which is a notable wild celery water, or was before the 
carp ate it up. The long, pod-like receptacle of the 
seeds were familiar articles of export by Duane Sterin and 
ex-Game Warden W. Y. Wentworth, who gathered them 
on Lake Koshkanong. I must plead scientific ignorance 
in common with Mr. White, and yet join with him per- 
fectly in his description of the plant popularly known as 
wild celery. The latter can be propagated either from 
the seed or from the bulb. 
E. Hough. 
Hartford Building, Chicago, III. 
* The Game Seizure Case. 
The demurrer of the Arctic Freezer Co. in the game 
seizure case has been sustained in respect to the para- 
graphs of the complaint relating to shore birds; but over- 
ruled in all other respects. The text of Justice O'Gor- 
man's decision reads : 
People, etc., vs. Bookman — The statute under which 
this action is instituted extends over the entire State and 
is in no sense a local law. It was, therefore, unnecessary 
to recite or refer to the act in the complaint. The 
pleader was required only to allege facts bringing the 
case within the purview of the act, and this has been 
done. Section 1897 of the Code is inapplicable. The 
complaint accompanied the summons, and in such a case 
no reference to the statute need be indorsed upon the 
summons. The statute in question contains no excep- 
tions within the sections of the act, and the complaint, 
therefore, does not offend against the rule requiring the 
pleading to show that the case is not within an exception 
to the statute. The expression "and is liable to a penalty," 
etc., in Section 39 of the act, clearly means that, in 
addition to the criminal liability, the offender subjects 
himself to a civil action for the recovery of the penalty 
prescribed. There is no such ambiguity in the language 
as to support the defendant's contention. The posses- 
sion of the birds at the forbidden season within the State 
is prima facie evidence that the possessor has violated the 
law, and the burden is then cast upon him of proving 
facts to show that the possession is legal (People, etc., 
vs. Buffalo Fish Co., 164 N. Y., 99), and this is as true as 
a rule of pleading as it is concededly true as a rule of 
evidence. As to the birds mentioned in counts 14 to 19 of 
the complaint, the claim of, the defendants must be up- 
held. Sections 30 and 33 cannot be reconciled. Under 
Section 30 plover and snipe have a close season from May 
1 to Aug. 31, and Section 33 is applicable to birds for 
which there is no open season. In order to create an 
offense under Section 33 it must appear not only that the 
birds are wild birds, but also that they are birds for which 
there is no open season, Therefore, if they are birds 
having an open season, or if there be no express pro- 
vision that there shall be no open season, the taking or 
possession of them constitutes no offense. Courts will go 
far to preserve the paramount intention of the Legisla- 
ture where it is possible to do so, but here the incon- 
gruities are so serious and irreconcilable that the con- 
struction urged by the plaintiff's counsel can be yielded 
to only by the court usurping legislative functions. No 
cause of action is set forth in these counts, and as to them 
the demurrer is sustained. In all other respects the de- 
murrer is overruled. 
Rulin^n thei Marlin I i vs. Shields 
Case* 
xhe Appellate Division of the ISL-w York Supreme 
Court has handed down an important decision with a 
direct bearing on the law of libel. 
The complaint in an action brought by the Marlin , 
Fire Arms Company against George O. Shields, the pub- 
lisher of a monthly magazine called Recreation, charged 
the latter with writing and sending to the company "fake" 
letters purporting to have been written by sportsmen 
and falsely asserting that there were certain defects in a 
rifle made by the plaintiff. 
The Marlin Company claimed that the scheme was 
designed by the defendant to extort money because the 
company had withdrawn its advertising from the Recrea- 
tion. The complaint stated that the company had at one 
time advertised in the columns of the defendant's paper, 
but "had to discontinue doing so because of the exorbi- 
tant rate subsequently made by Shields." 
A judgment of the special term of the Supreme Court 
sustaining a demurrer to the complaint was reversed by 
the Appellate Division. The prayer for relief asked that 
an injunction be issued restraining the defendant from 
publishing in his magazine or elsewhere any statement 
falsely attacking the Marlin rifle. 
The Appellate Division says, by Justice Hatch, that 
while ordinarily a court of equity has no power to restrain, 
the publication of a libel where the injury is merely per- 
sonal, yet if the injury complained of is one to property 
an injunction may issue. This principle, Justice Hatch 
says, was upheld by no less an authority than Justice 
Story. Continuing, Justice Hatch says: 
"The case presents, therefore, an injury to the property 
and business of the plaintiff of such a character as renders, 
it quite impracticable to measure the injury in money 
damages. These acts are done and the injury inflicted 
solely for the purpose, as appears by the averments of the' 
complaint, of coercing the plaintiff into advertising in the j 
publication of the defendant and paying therefor an ex- 
tortionate sum. It would seem that, under such circum- 
stances, the plaintiff ought not to be turned away empty- 
handed. * * * 
"We think that in principle this case is brought within 
the recognized equitable powers, and that to some ex- 
tent, at least, the plaintiff is entitled to relief. 
"It is not easy to frame in precise language the extent 
to which equity may interfere and restrain this publica- 
tion, but we are clear that the defendant may be restrained 
from planning and endeavoring to injure and ruin the 
business of the plaintiff by maliciously publishing untrue 
statements contained in letters written by himself but 
falsely purporting to be written by some person using 
the rifle manufactured and sold by the plaintiff. 
"To this extent the defendant may be enjoined." 
Massachusetts Game Notes. 
Danvers, Mass., Jan. 24. — We have had a cold winter, 
but no crusty snow to kill the quail. I saw a good flock a 
few days since, and they were large, strong birds. There 
is a plenty of ruffed grouse in the swamps. I was out 
after rabbits the other day and saw plenty of tracks, but 
they were all in their holes. Another party out the same 
day got ten. 
Tom Wilson, of Ipswich, brought up ten black ducks 
and three geese to send to Boston market. This last item 
is hearsay, but from good authority; I can't understand 
how about the geese being around here at this season of 
the year. 
A large, handsome snow owl was killed in town, and is 
being mounted by Ingraham. Will Tillson has gone on a 
hunting trip to Bartow, Fla, J. W< Babbitt, 
Boone and Crocket Club Meeting. 
The fifteenth annual meeting of the Boone and Crockett 
Club was held at the Metropolitan Club, Washington. 
D. C, on Monday, Jan. 27, at 6:30 P. M. Among the 
members present were Major W. A. Wadsworth, presi- 
dent of the club, the President of the United States, the 
Secretary of War. Senator Redfield Proctor, Mr. D. G. 
Elliott, Caspar W. Whitney, H. L. Stimson, A. P. Proc- 
tor, Alden Sampson, C. Grant La Farge, Madison Grant, 
C. De Rham, Dr. J. C. Merrill, D)r. C. Hart Merriam. 
W. Woodville Rockhill, R. Stuyvesant, Col. Roger D. 
Williams. Dr. Lewis Rutherford Morris, Arnold Hague, 
Gifford Pinchot, W. B. Bristow, James S. Watson, G. 
Bleistein, Paul Dashiell, Senator H. Cabot Lodge. Hon, 
Wm. Cary Sanger, Major Emmet, Mr. Prentice, Mr. W. 
J. Boardman, D. M. Barringer, Hon. W. A. Chandler, 
George Bird Grinnell and Dr. W. Lord Smith. 
Among the guests were Hon. John F. Lacey, of Iowa; 
Senator W. A. Clark, of Montana ; Senator John Kean, of 
New Jersey; Hon. J. Small, of North Carolina; Mr. J. 
Kidder, of Boston, and Dr, T. S. Palmer, of Washington. 
At the business meeting reports of the officers and of 
different committees were received, and two changes 
were made in the constitution. The following officers 
were elected for the ensuing ytar: President, Maj. W. A. 
Wadsworth; Vice-Presidents, W. B. Devereux, H. Mel- 
ville Hanna, Col. W. D. Pickett, Chas. Deering and 
Owen Wister; Secretary, Alden Sampson; Treasurer, C. 
Grant La Farge. Executive Committee, A. Rogers, Dr. 
L. R. Morris; Caspar Whitney, Gifford Pinchot, Madison 
Grant, John Rogers, Jr. Editorial Committee, George 
Bird Grinnell and Theodore Roosevelt. 
The dining room was decorated at one end with the skin 
of a giant Kadiak bear, killed by Mr. Kidder, and behind 
the president of the club and the guests were ranged four 
of the huge and massive skulls of this species. 
The first speaker of the evening was the Hon. John F. 
Lacey, who talked at length of the wasteful methods of 
the American people and of the importance of preserving 
our natural resources, among them the great game of the 
continent. He outlined briefly the method by which this 
might be done. He likened the club to Saul of Tarsus, 
who, having seen a great light, became a defender of the 
faith, and said that the club which — he assumed — had been 
inaugurated to encourage killing had now become an as- 
sociation of game protectors. Mr. Lacey's speech was 
listened to with great interest, and was frequently in- 
terrupted by applause. 
When Mr. Lacey sat down there were loud calls of 
"Roosevelt," "Roosevelt," and the President arose to re- 
spond. He referred to the founding of t-he club at a 
dinner at his house, fifteen years before, and went on to 
sneak in a practical way of the importance of game preser- 
vation. He believed that the game ought to be pre- 
served, in order that it might be reasonably and wisely 
hunted, so that the children of our generation may be 
able to see something of the sport that their fathers 
have known. He paid a warm tribute to the good work 
that has been done in game protection by some of those 
present, among them Mr. Lacey, Dr. C. Hart Merriam 
and Mr. Gifford Pinchot. He emphasized the importance 
of striving earnestly to enlist public sentiment on the side 
of game protection, declaring that with public sentiment 
everything was possible, but without public sentiment 
