FOREST AND STREAM. 
487 
goes through to Halifax. We could not get berths in it, 
so had to change. 
At 9 o'clock the long train rolled out of the beautiful 
new station and across the broad bosom of the St. Law- 
rence. We turned in for the night and slept the sleep 
of the just. When the sun arose we were in New 
Brunswick. At McAdam Junction Mr. Allen, our ad- 
vance agent, came into the sleeper. "I am going to tele- 
graph Uncle Henry that you are coming, and have him 
down at the station to meet you," he said. The bob 
train from the junction got up to Fredericton about 
noon, and we met Henry Braithwaite, the outfitter and 
noted guide of New Brunswick. 
He was in for a few days from his hunting ground, 
and we supposed we had all arrangements closed with 
him for outfit, guides, cook, etc., but he had misun- 
derstood us and had made arrangements to personally 
take N. T. De Paugh, of New Albany, Ind.. and two 
steel men. from Pennsylvania, one with Tom and the 
other, I think, with Arthur Pringle, his chief lieutenants. 
On receipt of the Allen telegram, he telephoned to 
Boiestown and engaged Ed and Ben Norrad to take 
us out to their hunting territory about forty miles west 
and a little north, between Rocky Brook and Clear- 
water, in the region of the Sisters, Brown and Tehoe 
lakes. 
We were greatly disappointed at the thought of not 
going out with Uncle Henry, but he said so many nice 
things about the Norrads and their hunting ground and 
the success they had the year before with the parties 
they had out, "and, then," he said, "their territory and 
mine join; if you do not find plenty of game there, just 
come on up into my ground." Mr. Loggie. of the 
Crown Land Office, said that the Norrads were all right, 
ar.d that we were lucky to get them. Allen and Chestnut 
said the same, so we began to think things were com- 
ing our way. We found them just as represented, at- 
tentive, truthful and straight as a plumb line. Their 
territory, too, is easily and quickly reached, one day 
from Hayes'. This was very pleasing to" us, as our 
time was somewhat limited, and we did not care to spend 
much of it going in and coming out of the woods. After 
dinner we went to John Gibson & Son and bought pro- 
visions for five men for three weeks. They have the 
outfitting down fine, and can tell just about what your 
party will need for any given number of days. One 
thing they should learn, however, that is to pack eggs 
in salt instead of sawdust, as the salt is always handy 
to have if any game is killed. Many of our eggs were 
broken , on the trip to the woods, and a bear finished 
what were left while we were absent on Wednesday: 
Wilfred Norrad, the cook, returned just in time to put 
several .22-caliber bullets into his hide. We jokingly 
said the noise scared him away: he probably does not 
know to this day that he was shot. 
At Chestnut's hardware store the subject of rifles came 
up. Having used an 8 mm, Hauael-Mannhcher in Colo- 
rado and New Mexico in the winter of 1895-6, I was 
greatly in love with the gun, and regretted having sold 
it to a party- at Deming, N. M. When we began to 
pian for this hunt nothing would satisfy my fancy except 
another just like it. At that time it was the largest 
caliber of any of the high power rifles. Hauael has just 
gotten out a larger caliber, 9 mm. If he had made it 
10 mm., a long felt want would have been filled. King 
finally admitted that he had come to slay the monarch 
of the forest with a pea-shooter, known in the States as 
a .30-30. We were given the laugh for bringing such 
small calibered guns to hunt the largest antlered game 
animal on the continent. 
Mr. Chestnut went to a gun case and took out a Win- 
chester .30-40 and a 45-90 that he had had made to or- 
der, "This is my moose gun," he said; "when this big 
bullet hits one you can see daylight through him, and 
it lets the blood out so fast that you can track him any- 
where if necessary, but it is seldom necessary to do any 
tracking, they just lie down and die. Later on I will 
tell you our experience with this gun. King having 
taken it along when Mr. Chestnut kindly offered it to 
him. 
Uncle Henry had been a good listener all of this time; 
he slowly drew forth from a pocket something that 
looked like a section of gilded gas pipe. "This is what 
I feed my moose gun with," he said, "and when I hit 
one anywhere between the cars and the tail, there is 
work for the packers; not a half or two miles away from 
where I shoot, but right there." This gun was given 
him by an English army officer, and I believe it is a 
"Snider." The caliber is .577, black powder 160 grains, 
and the bullet weighs from 480 to 610 grains, according 
to whether it is solid or hollow pointed, and the light- 
est gun made weighs iol4 pounds, quite a heavy piece of 
ordnance to carry all day. Frederick Irland, in his in- 
teresting letters in Forest and Stream of last winter, 
has described the shooting qualities of this gun. He 
has made many trips with Henry into the woods and 
evidently knows what he is talking about and tells it 
in an inimitable way. 
Fashion rules even in the caliber of guns, and I look 
to see the pendulum swing back from the 7 mm. and 
7.65 mm. and even the 8 mm. to a caliber as large as 
can be made and used as a shoulder gun. 
There is no reason that I know of in ballistics why a 
modern high-power repeating rifle of 10 to 12 mm. using 
a heavy charge of high-grade smokeles powder and a 
soft-nosed bullet weighing three-fourths to one ounce, 
with a muzzle velocity of 1,800 to 2,000 feet per second, 
cannot be made, and the shooter live behind it. Sixty 
to seventy grains of Walsrode military powder ought to 
do this, and the push-back with a gun weighing nine 
pounds ought not to be as great as the sharp, mule-like 
kick of the rapidly burning black powder cartridge just 
described. Some such gun is sure to come. 
National pride makes one hope that the first one on 
the market will be of American make, but some recent 
personal experience in corresponding with our leading 
rifle makers shows that they are not yet ready for the 
innovation. A nickel steel barrel of the tensile strength 
of the Winchester .30-40, but heavier, screwed on to their 
t886 model action, would just about fill the bill, if made 
to balance nicely, a half octagon barrel, pistol grip, and 
matted rib would add much to its appearance, and 
sportsmen would be willing to pay for these extras. 
The Canadian Eastern mixed train, which runs tri- 
weekly, left Fredericton at 3 o'clock Thursday with a 
carload of sportsmen, their baggage, provisions, etc., for 
Boieston, Doaktown and beyond. We sauntered lei- 
surely up the valley of the Nashwack, over the old In- 
dian portage and down the valley of the Taxis for a 
short distance. "Boiestown!" shouted the brakeman. 
Our watches showed that we had been three hours com- 
ing forty-eight miles, and we were at the end of rail- 
road transportation. 
Our things were quickly loaded into wagons, and wc 
saw the agent to the tune of thirty dollars a piece, for 
license to kill one bull moose, one bull caribou and two 
deer, if we could. 
A ride of nine miles in the crisp September air, and 
we were at John Hayes' welcome hostelry. 
Ed and Ben left, after charging us to "be up early and 
ready to start when they came in the morning, as it is a 
long and tiresome day's journey to their hunting cabin. 
At 9 o'clock the next morning the Miramichi was 
crossed and we were at the end of wagon transporta- 
tion. Hastily unloading, things were securely packed 
on to a sled with rope, straps and chains. Sandy Green 
cracked the whip and Hayes' team of grays took a long 
and steady pull before they could move the 800-pound 
load, half of which was feed for the horses. 
After a half hour, in which we probably made one- 
fourth of a mile, it was unanimously agreed that the 
only way we could hope to reach "Camp Norrad" was to 
cache part of our load and for Ed to go back to the 
settlement and get another team and sled. With a light 
iqad, the first section of the overland limited reached 
McKay's old lumber camp at Rockey Brook long after 
dark, having been delayed by an upset. Going down 
the long hill to the river, at this time I heard a most 
peculiar noise, it came from the ridge to the west of us, 
along the river, and was evidently made by some ani- 
mal going at full speed. Ben and Sandy had not no- 
ticed it. I asked if there were any dogs In this country, 
"should say there goes one after a deer." Ben turned 
in the direction of the sound, and explained the un- 
earthly noise. It was made by a bull moose chasing 
a cow, and the love song he was singing to her was 
anything but musical, as it died away in the distance. It 
more nearly resembled the baying' of a. fox hound than 
anything I can liken it to. We afterward learned, how- 
ever, that moose can make almost any kind of a noise, 
from that just described to the deep gutteral sound made 
by the bulls in answer to the horn. As the bull ap- 
proaches, the phantom birchen maiden lures him on by 
sounds which more nearly resemble a tom-cat concert 
on the garden fence on a moonlight night than any- 
thing I can think of. 
No words can fully describe these wild, weird sounds; 
they must be heard, then it's dollars to doughnuts that 
they will never be forgotten. Wc also learned that there 
is no orthodox sound of the horn to lure the wary bull 
within range. Each guide has his own call; he thinks 
it the real thing, and is pleased when you think as he 
does. I have heard five use the same horn and each 
had a different call ; and I have heard the cows call, and 
none of them made just such a sound as the guides 
make on the horns. 
After supper the events of the day were gone over, 
pipes were lighted and everybody took a night cap of 
hot lemon toddy and turned into bed, tired and foot- 
sore. Moccasins are not comfortable foot gear for long 
walks until one has become 'accustomed to them, and 
the bottom of the foot has grown hard and calloused, 
then nothing can at all compare with them for hunting. 
We were up early. The spruce boughs in the bunks were 
musty and hard with age. It was a relief to sit upright, 
and rest one's back. After breakfast the caravan started 
up the long hill from the valley of the Rocky Brook 
away behind schedule time. At lunch time Max Green, 
superintendent of Lynch's Supply Depot, came up and 
had dinner with us, and later Ed, with Ed Moon's team, 
the second section of the overland sled limited with the 
rest of our duffle, caught up. 
At 2 o'clock we reached "Camp Norrad" two days 
ahead of the opening of the hunting season. 
D.'W. Green, M. D. 
Dayton, Ohio. 
[TO RE CONTINUED.] 
A California Sale Test Case. 
From the San Francisco Chronicle, June 12. 
A decision was handed down by the Supreme Court 
yesterday upholding the constitutionality of the game 
law which was passed by the Legislature to stop the killing 
of small game for market. It was a test case brought by 
the Fish and Game Commission of California to determine 
finally the legality of the law, which has been found diffi- 
cult to enforce, and the decision means that quail and 
doves on the tables of hotels and restaurants in this State 
will be a thing of the past unless the law is repealed. The 
case as decided is a distinct victory for the Commission 
and the amateur sportsmen whose pleasure was being 
spoiled by the market-hunters. Following is the full text 
of the opinion: 
The petitioner was arrested and is held under a charge 
of violating Section 626 K of the Penal Code, which is, 
omitting parts of the section not material here, as fol- 
lows: "Every person who buys, sells, offers or exposes 
for sale, barter or trade, any quail * * > * is guilty of 
a misdemeanor." The sole ground upon which petitioner 
seeks to be discharged is the alleged unconstitutionality 
of the said section. It is contended that the section is 
violative of the Fourteenth Amendment of the Federal 
Constitution, and of Section 12 of Article 1 of the Con- 
stitution of this State, in that it is not uniform in its 
operation, that it illegally discriminates between different 
classes of persons, that it deprives persons of the equal 
protection of the laws, and interferes with the inalienable 
right of acquiring, holding and protecting property. The 
contention is not maintainable. 
Wild game belongs to the whole people, and the Legisla- 
ture may dispose of it as may seem to it best — subject 
only to constitutional limitations against discriminations. 
Within those limitations the Legislature,' for the purpose 
of protecting game, may pass such laws as to it seem most 
wise; and "the measures best adapted to that end are for 
the Legislature to determine, and courts cannot review, its 
discretion." (Ex Parte Maier, 103 Cal., 476, and cases 
there cited.) There is no question in the case at bar as 
to the reasonableness of an ordinance, as in ex parte 
Knapp, and other cases cited; the provision attacked here 
is a law of the State passed by the Legislature. 
The law in question does not destroy a right of prop- 
erty. This point was correctly disposed of by the Supreme 
Court of Illinois in American Express Company vs. the 
State (133 111.. 649). In that case the Court, dealing with 
a statute similar to the one here involved, and with this 
question of the right of property, says : "The fallacy of 
the position consists in the supposition that the person 
who may kill quail has an absolute property in the dead 
animals. In the Magner case, supra, it was held, as has 
been seen, that no one has a property in animals and 
fowls, denominated game — the ownership was in the peo- 
ple of the State. This being so, it necessarily followed 
that the Legislature had the right to permit persons to 
kill or take game upon such terms and conditions as its 
wisdom might dictate, and that the person killing game 
might have such property interest in it, and such only, as 
the Legislature might confer. The Legislature has never 
conferred an absolute property in quail upon the person 
who might kill the same. The killing of quail during the 
months of October and November was permitted, not for 
sale — not to go upon the market as an article of com- 
merce — but for the mere use of the person who killed the 
birds. The person killing quail under this statute has but 
a qualified property in the birds after they are killed. He 
may consume them. If a trespasser should take them 
from him he might maintain an appropriate action to 
regain the possession. But the law which authorized him 
to kill the quail has withheld the right to sell or the 
right to ship for the purpose, of sale, and when such per- 
son undertakes to ship for sale he is undertaking to assert 
a right not conferred by law. The act, therefore, does 
not destroy a right of property, because no such right 
exists." 
There is no arbitrary discrimination in the law which 
would make it obnoxious to the Fourteenth Amendment, 
or to any provision of our State Constitution ; there is 
no discrimination in it whatever. Under the law alt 
persons have the same right to kill quail within certain 
limitations, and it provides that "every person who buys, 
sells." etc., any quail shall be guilty, and does not give 
to any person the right to so buy or sell. (See also Geer 
vs. Conn., 161 U. S., 519). The petitioner is remanded 
and the writ discharged. McFarland, J. 
We concur : Garoutte, J. ; Henshay, J. ; Harrison, J. ; 
Beatty, C. J. 
While four of the members of the court concurred with 
the decision submitted by Judge McFarland, a dissenting 
Opinion was presented by Judge Van Dyke and concurred 
in by Judge Temple. In this opinion, which is appended, 
the idea of class legislation is very forcibly applied to this 
case. Following is the dissenting opinion: 
I dissent : The petitioner is charged with selling* one 
quail during the open season, in violation of the section 
of the Penal Code as amended by the Legislature at the 
session of 190 1. The amendment in question, in my 
opinion, is unconstitutional. Our State Constitution de- 
clares: "All laws of a general nature shall have a uni- 
form operation" (Art. 1, Sec. 7). And by the Fourteenth 
Amendment to the Constitution of the United States, 
among other things, it is declared that no State shall de- 
prive any person of life, liberty or property without due 
process of law. In the slaughter house cases (16 Wall., 
127) it is said: "Liberty is freedom from all restraints 
but such as are justly imposed by law. Beyond this 
line lies the domain of usurpation and tyranny. Property 
is everything that has an exchangeable value, and the right 
of property includes the right to dispose of it according 
to the will of the owner." The amendment to the Penal 
Code under consideration has made a sharply defined dis- 
crimination against selling quail or other game birds or 
animals, and not against the killing of them, and the pur- 
pose thereby to preserve them for the special benefit of 
those who may belong to gun clubs or who possess the 
leisure and qualifications of sportsmen, is as plain as 
though so written in direct terms ; and this class is very 
insignificant in number compared with the whole people 
of the State. The women and children of the State and 
the men who have not sufficient time to hunt game, and 
the old and infirm, and such as are not endowed with 
good sight, are all deprived of any use or benefit in the 
wild game, unless some sportsman friend. may see proper 
to give it to them. 
He has read history to very little purpose who does not 
know that game laws such as this, enacted and enforced in 
the interest of a privileged few, have been the fruitful 
source of the oppression of the masses of the people, and 
have caused more popular discontent and resentment than 
almost any other subject. It were better to exterminate 
the game at once than to preserve it for the special benefit 
only of a favored few. 
The wild game of the State, it is true, belongs to the 
people in their sovereign capacity, and it is not the subject 
of private dominion to any greater extent than the Legis- 
lature may see fit to make it, but, as said in Kellogg vs. 
King, 114 Cal., 378: "The Legislature has seen fit to 
prescribe the limit where public proprietorship ends and 
that of the individual commences, and, when within the 
provisions of said statute an individual is as much to be 
protected in the enjoyment of his rights in this species of 
property as in any other under the law," citing Section 
656 of the Civil Code, which reads: "Animals wild by 
nature are the subject of ownership while living, only 
when on the land: of the person claiming them, or when 
tamed or taken and held in the possession or disabled or 
immediately pursued." In the opinion quoted, the term 
"animals wild by nature," as used in the Civil Code, was 
construed to include game birds. 
Laws for the protection and preservation of wild game 
are in their nature police regulations, and, as said in 
Foster vs. Scott, 136 N. Y., 77: "This power can be used 
enly to promote the public good, and is always subject to 
judicial scrutiny." And in Colon vs. Fiske, 153 N. Y., 
197, it is said:.' "That power must be exercised subject 
to the provisions of both the Federal and State Constitu- 
tions. Laws passed in the exercise of it must tend toward 
the preservation of the lives, health, morals 01 welfare 
of the community, and the Court must be enabled to see 
some clear and real connection between the assumed pur- 
