Forest and Stream 
A Weekly Journal of the Rod and Gun. 
Copyright, 1902, by Forest and Stream Publishing Co. 
Terms, $i a Year. 10 Cts. a Copy. 
Six Months, $2, 
NEW YORK, SATURDAY, JUNE 21, 1902. 
( VOL. LVIII.-No. 25. 
| No. 846 Broadway, New York 
SUBSCRIPTIONS, 
The date of expiration of your subscription is given on the 
address label on the wrapper. A change of date on the 
address wrapper is equivalent to a receipt for money sent for 
subscription. Take note of the date on your address label. 
THE DOG AS PROPERTY. 
By mankind the dog, both for reasons of sentiment 
and utility, has always been held in high esteem as an in- 
ferior servant and companion. On the whole, he fills a 
large sphere in social economics. In some countries, as 
the Arctic regions, Holland, etc., he is generally and most 
usefully employed as a draft animal. In all civilized coun- 
tries he finds a general field of usefulness as an important 
assistant to the shepherd and the hunter, though 
as such assistant his performances are far from 
faultless, since he on safe occasion is betimes more mind- 
ful of satisfying his own appetite than of safeguarding his 
master's interests. He finds a still broader and less re- 
sponsible field in domestic life in general as an append- 
age, a deferential companion, a playmate of children, and 
a guardian of the home, though in respect to the latter 
he is more of a sentinel, which merely sounds an alarm, 
than of a forceful defender. He gives notice of invasion, 
but he does not repel it. As a rule, he is a valiant barker 
and a discreet biter. There are exceptional cases in which 
the watchdog will both bark and bite when emergency 
requires, but the individual character so displayed is not a 
trait of the race. 
Within the past twenty years in the United States, from 
the social viewpoint, the well-bred breeds have increased 
enormously in public esteem, influential ownership and 
financial value; in the eye of the law, they hold about the 
same status now that they held throughout past ages — that 
is to say,- they have only a nominal property value, or none 
at all. It is a peculiar feature of our jurisprudence that, in 
most sections of this country, if a man steals a dog worth 
several hundred dollars to his owner, he commits no legal 
offense thereby, while on the other hand, if he steals a 
horse, ox or sheep, he commits an offense so serious in 
degree as to warrant the imposition of a term in prison 
for it. The few cases wherein owners recovered damages 
for dogs maimed or killed are so isolated and puerile as 
compared to the general laws, precedents and public senti- 
ment that they need not be taken into account. 
The reluctance of our lawmakers to legally recognize 
dogs as property, and the reluctance of judges to view 
dogs otherwise than in the light of precedent — which after 
all embodies the wisdom of the ages — have been insur- 
mountable obstacles to the dog's recognition as an article 
of property. There are many good reasons why the public 
— and dog owners themselves belong to that august body — 
maintains such persistent discrimination against dogs in 
a legal way. First of all, the owner's control of his dog 
is imperfect, if it exists at all. The dog may prowl about 
in a vagabond way, though making his home with his 
master. He may be in company with his master, and still 
be under imperfect or no control. He may be of value to 
his master and of no value to the public. Sheep, horses, 
cattle, etc., have a fixed market value, which does not 
fluctuate by a change of ownership. The dog's value to 
his owner may be entirely fanciful. There are so many 
curs, far outnumbering the well-bred dogs and admitted- 
ly worthless, that to recognize them legally as property 
would be farcical. Yet the cur may be quite as good 
in the fanciful valuation of his owner as is the well-bred 
dog in that of his owner. The dog, unlike cattle, etc., 
has no recognized food value, so that, at death, he is a 
total loss. Owing to his predatory habits, his ownership 
is more or less vague and imperfect. His natural proclivi- 
ties and formidable weapons make him a dangerous ani- 
mal in his attack and therefore one requiring extraordi- 
nary measures at times to guard against. He propagates 
his species so rapidly that, were he protected with all the 
safeguards of property rights, he by numbers alone would 
soon become a public nuisance. It will thus be seen that 
the arguments sound and good for the legal recognition 
of other animals as property, are not pari passu applicable 
to the dog. 
In England, however, the law seems to view the -sub- 
ject with much greater common sense, since, while recog- 
nizing the dog as property within liberal limitations, it 
imposes special responsibilities on his owner. His dog is 
protected as property if in actual posaessfpij, and the 
owner is responsible for all damages caused by his dog 
while out of his possession, even if the dog is but a passive 
factor therein. Indeed, it is held as good law in England 
that a dog unaccompanied >by his master, or master's 
agent, on the highway, is a trespasser. He has no busi- 
ness there on his own account. He is in the same cate- 
gory then as a stray horse, sheep, ox, etc. Even when 
the dog accompanies his master or master's agent, the dog 
becomes a trespasser when he is beyond the control neces- 
sary to direct his movements and prevent his interfer- 
ence with people who may be using the highway. Even 
when a dog gets in the way of a bicycle or automobile 
and gets hurt or killed, he is the offending party, and his 
owner is responsible for his misdeed. This view of the 
case of dogs on highways would upset nearly every de- 
cision in the United States, in cases where owners 
recovered damages from railroads or street car lines for 
dogs maimed and killed. With these cases would go 
nearly all the good legal precedents which owners in the 
United States have to show that dogs are even remotely 
considered as having property value. However, so long 
as curs greatly . outnumber the well-bred dogs, so long 
as owners permit their dogs to roam lawlessly about, so 
long as dogs in the city bark of nights and violate all laws 
of sanitation, so long as the sheep industry is .impaired or 
ruined in sections, just so long will owners need to expect 
that their dogs will have none other than the present 
status as property in the eye of the law. 
NEW YORK'S NEW PROTECTORS. 
The Legislature of New York at its last session passed 
an act increasing the number of game protectors from 
thirty-eight to fifty, a measure which is believed to be 
wise, and one which is heartily approved by every one 
who is really desirous of having the statutes in regard to 
the preservation of forests, fish and game properly en- 
forced. ,The bill became a law some time ago, and the 
friends of protection would be glad to see the additional 
twelve protectors appointed without unnecessary delay. 
There is no sort of doubt that their services are sorely 
needed, and there seems to be no good and sufficient rea- 
son why the appointments should not be made at once. 
The new law, which provides that the Forest, Fish and 
Game Commission shall appoint fifty protectors, specifies 
that one shall reside in each of the counties of Essex, 
Clinton, Franklin, ; St. Lawrence, Jefferson, Lewis, Herki- 
mer, Hamilton, Warren and Washington, and the next 
eight protectors shall be appointed from those counties. 
The New York State Fish, Game and Forest League 
and other organizations of sportsmen have long advo- 
cated an increase in the force of protectors, and the addi- 
tion of a dozen officials is believed to be none too large. 
In the past most of the protectors have had to cover- some- 
thing like two counties, which is altogether too much terri- 
tory to assign to one man, no matter how competent and 
experienced he may be. There are several counties of the 
State, notably those of the Adirondack region, and Oneida 
comity should be included, where at least one protector 
is needed in each. As a matter of fact, two or more 
officials could find plenty to do in almost any of these 
counties during the greater part of the year. Hunters 
who abide by the laws of the State were disheartened 
and disgusted at the open manner in which the hounding 
of deer was carried on in the Adirondacks last fall. The 
friends of the song birds in more than one district are 
grieving over the unrestricted slaughter of the innocents 
which has been in progress for a number of weeks, and 
legitimate anglers are complaining bitterly because of the 
frequent violations of the fishing laws. The twelve addi- 
tional protectors would have their hands full if they 
were assigned to enforce the game laws in Oneida county 
and the Adirondack region. 
It is extremely desirable, and in fact essential, to the 
prompt and efficient enforcement of the laws in the 
Adirondacks that the protector should not only be a fear- 
less, energetic and determined man, but one who has a 
thorough knowledge of the woods. He should be compe- 
tent, if circumstances require it, to penetrate to any part 
of the wilderness alone and brave enough to do so. A 
protector of such a stamp will be enabled to discover vio- 
lations of the law and catch the offenders in the act, where 
the official who visits only such places as are accessible 
by rail or wagon and has his advent heralded some hours 
in advance, will find no cases which demand "his attention. 
It is shicerely hoped that , the new apppiritees, , whoever 
they may be, will be men who are fully qualified for the 
position, and that they will be designated without unneces- 
sary delay. 
THE FOREST RESERVE BILL. 
The bill to transfer certain of the forest reserves to the 
Department of Agriculture and to set up on them game 
preserves was summarily killed in the House on Tuesday 
of last week. "Uncle Joe" Cannon did it. Mr. Cannon 
is Chairman of the House Committee on Appropriations; 
and his opposition to the forestry measure was founded 
upon the general extravagance of the Congress and the 
necessity of retrenchment. "I am with President Roose- 
velt," he said, "but this Forest Reserve bill is not a party 
measure, and will only add to the extravagance of. an 
already exorbitant Congress." He proceeded to show 
lhat the appropriations were already $51,925,128 in excess 
of the estimated receipts of the Government for the year ; 
then he called on the House to vote down the Forest Re- 
serve bill as one means of lopping off expense, and by. a 
vote of 100 to 70 the enacting clause was stricken out. 
From the outside it is plain that the House was stam- 
peded by Chairman Cannon's outburst. Certainly the final 
action on the bill was precipitate and ill-considered. Con- 
gress spends, and is spending, vast sums of money reck- 
lessly and foolishly, and its extravagance should be 
checked. But there are gigantic jobs a-plenty in the items 
making up the budget, and Chairman Cannon and the 
members of the House would have been acting in the in- 
terest of the country if they had killed some of the job- 
bery instead of defeating a measure which would have 
been of inestimable value to the country. 
The Forest Reserve bill has been killed ; but its fate was 
due to no inherent lack of merit. The principles which 
were' involved in it are sound. The effort to incorporate 
them into the law of the land and the policy of the country 
should be renewed at some future time, and we believe 
will be renewed. The interest of the country, for the 
present, and the immediate and remote future, lies in the 
provisions of the measure. * 
THE PLANK IN CALIFORNIA. 
The sportsmen of California having seen the game deci- 
mated in some counties almost to extinction, and to de- 
pletion in all, have adopted the Forest and Stream's 
Platform Plank, as the most feasible and efficient expe- 
dient for putting a halt to the destruction. The law ha/ 
just been tested as to its constitutionality, and has stood 
the test. The full text of the decision of the Supreme 
Court upholding it is given on another page. The credit 
for this result is due in largest measures to the Fish and 
Game Commissioners, who have fought through the case 
in spite of the pronounced opposition of some of the most 
inflvtential daily journals. 
The two points upon which it was sought to overthrow 
the law were the contentions that it interfered with rights 
of property and was class legislation. This principle of 
the qualified property in game has been declared, so often 
in the higher courts that no other ruling could have been 
anticipated than the one handed down in this latest case. 
Briefly, the game belongs to the State ; the State may pre- 
scribe when, how and for what purposes the game may be 
taken; and the individual who takes it may acquire in 
it only such rights as the State has conferred. If the State 
declares that the game may not be taken for sale, or may 
not be sold after it shall have been taken, the restriction 
follows the game after it comes into possession of the 
individual, and he cannot acquire in it any absolute un- 
restricted property. 
Rainbow trout from California imported into Ceylon are 
breeding there, and the Ceylon anglers are enthusiastic 
in praise of America's contribution to their resources. 
Some of the rivers in which the fish have been placed are 
described as ideal trout streams; and there is reason to 
believe , that the new comers may be permanently estab- 
lished. 
18;... 
We print elsewhere the regulations adopted by the De- 
partment of Agriculture to control the importation of 
game bird eggs. Now that the way has been opened 
to admit the eggs of desirable species into this country, we 
may expect to see the importation of partridges and other 
birds which have been shut out because of an extremely, 
foolish law. 
