June 6, 1903.] 
FOREST AND STREAM. 
447 
takes the canoe run, is sure to find such good bass fish- 
ing in many places along that fift}--three miles that he 
will indeed be hard to please if not satisfied. 
The delights of scenery along all that run have been 
mentioned in preceding numbers. It can be readily 
repeated from any station, as the work of placing tent 
and canoe on a freight train, and their transportation 
back up the river, are easy and prompt. Try the trip! 
The most exacting bass fisherman can hardly fail to be 
satisfied! And if to his love of angling he adds a love 
of natural beauty, this certainly is the ideal canoe trip 
for the Atlantic Coast and Mississippi Valley sportsman. 
Bass may be taken on and after June 16. 
L. F. Brown. 
Fishing Rights in Lakes. 
Editor Forest and Stream: 
The lake region of the northern part of the State of 
New Jersey has long appealed to the angler and lover 
of nature. A number of the largest lakes have been pre- 
empted as summer resorts and have lost, in part, that 
rugged simplicity of their original garb bestowed by 
nature. Large hotels and cottages on their banks, danc- 
ing pavilions, picnic grounds, small steamers plying in 
their waters and Sunday excursions have worked a 
material change. 
Tbere are many lakes, however, which appeal most elo- 
quently to the man who likes to rough it, and who \'isits 
the inland waters of the State to leave behind all thoughts 
of dress and hotel life. Invariably the smaller the lake 
the wilder it is in scenery and the less liable to be changed 
by the atmosphere of a summer resort and its convention- 
alities. 
Before the railroads opened up the region, the native 
angler had the lakes to himself and the fishing was free 
to all. Of late years the attention of men of wealth 
has been attracted to the section and many of the lakes 
have been bought outright and treated as preserves, on 
which none but the favored few are allowed to wet a line. 
The buying up of these lakes has lately reached such a 
pass in many communities that the native angler has been 
out of it altogether, and many men of the cities have seen 
their favorite fishing haunts disappear and have had to 
look elsewhere for their pleasure. 
The native Jerse}'Tnan is always resourceful and has 
great faith in the Legislature of his State, and for a 
number of years has been demanding legislation to remedy 
the existing evil. It remained for Sussex county, which 
is in the heart of the lake region, to take the initiative. 
Many of her lakes had been bought up, and when, a few 
years ago, the owner of Swartswood Lake, one of the 
largest sheets of water in the county, refused to allow 
free fishing, matters reached a climax; mass meetings 
were held and at the next election all other rural cam- 
paign questions became subservient to it. The result was 
that the Assemblymen from that county went to the State 
Legislature pledged to secure for their constituents free 
fishing in Swartswood Lake. The county representatives 
succeeded and the Legislature in the year 1901 passed an 
act which is highlj'^ novel and furnishes a good example of 
special legislation for the benefit of a certain comm-uiity. 
which, because of constitutional barriers, had to be so 
drafted as to embrace every county of the State. 
The law applies to any county in the State having 
fresh water lakes of a water surface area exceeding one 
hundred acres, but before the law shall take effect in any 
county, the act must be submitted to the citizens for ac- 
ceptance or rejection at the next local election. 
It provides for the appointment by the Supreme Court 
of a Board of Commissioners, to be known as the County 
Lake and Park Commission. The commissioners are 
given the power "to acquire and make available to the in- 
habitants of the county and to the public, rights of fish- 
ing common to all, in fresh water lakes within said 
county having an area of water surface exceeding one 
hundred acres, and lands not exceeding ten acres adjoin- 
ing thereto and within said county for public use and en- 
joyment therewith;" and have power "to take in fee or 
otherwise, by purchase, gift, device or eminent domain, 
said rights of fishing in said lakes aforesaid and said 
lands adjoining thereto as aforesaid." 
Sussex county accepted the act by popular vote and a 
commission was appointed, but before any proceedings 
were taken by this commission in the condemnation of 
rights of fishing in Swartswood Lake, the constitutionality 
of the law was brought up for review in the Supreme 
Court on a writ of certiorari taken by Mr. Andrew Al- 
bright, the owner of Swartswood Lake. The Supreme 
Court, in a decision handed down in the fall of 1902, up- 
held the act on all grounds, and the case has now gone 
to the Court of Errors and Appeals, whose decision is 
awaited with much interest. 
Among the many constitutional questions involved the 
one of great interest to the public and to the owners of 
lakes on which the public is not allowed to fish, is whether 
the right of fishing is a public use and can be taken and 
condemned as a severable interest in lands. The act does 
not contemplate the actual purchase, by condenmation, 
of the land under water, or, in other words, the lake 
itself, which would carry with it the right of fishing, but 
simply the purchase of the right of fishing in the lake, 
which right is severable from the ownership of the land. 
In this particular it dift'ers from any park act heretofore 
passed by other States and has no parallel m legislation. 
It would seem to be not only novel, but vicious and ill- 
considered, and legislation that should be frowned 
upon, as paving the way for further assaults upon con- 
-stitutional provisions. 
If the act is sustained, and adopted in other States, it 
would have the ef¥ect of creating many public fishing pre- 
serves which could not in any sense be called public parks, 
nor justified from that standpoint. The owner of the 
fee to the land under water in the lake loses the control 
of the right of fishing in the same, which control was his 
sole reason for purchasing. The lake with the right of 
fishing vested in the public, would be practically of nom- 
inal value to the owner and he would be in no better 
position, as to fishing on the lake, than any citizen of the 
county or the public at large. Such legislation would ren- 
der any land owner subject to having his estate turned in- 
to a public picnic ground while he still perforce ipu^t own 
th^ laaci'ia f?e ^^nd j)ay taxes thereon, 1 1 J 
If the act provides for the purchase of the lake and the 
lands surrounding it and the establishment of a public 
park, it might be justified and the right of fishing would 
then be incident to the park and a part of the public enjoy- 
ment to be derived. 
Again, the right to fish may be for profit or it may be 
for pleasure. It cannot be gainsaid that fishing for profit 
stands on the same footing as any other private business. 
We cannot place fishing for pleasure 011 a higher plane 
than other Avholesome sports. If legislation of this char- 
acter is sustainable, no private owner of real property 
in rural districts, whether he own land under water or 
woodland or meadowland will be safe from what may be 
termed legalized trespass by the public. 
Fishing is only one of the many wholesome recreations 
of the people. The public likes to hunt and play golf and 
baseball; our strenuous President and other good citizens 
find enjoyment in chopping down trees. Certainly a law 
which would condemn for public use the right to play 
golf or baseball or chop down trees or himt on the land 
of a private citizen cannot be justified; yet there is as 
much reason and right in laws of this character as can be 
found in the law in question. 
The right of fishing, speaking from a legal standpoint, 
is a right of profit in another's freehold, and if this right 
can be property taken for the benefit of the public as a 
ptiblic use, we can well say that any other right of profit 
can be taken, such as the taking of fruit. The small boy 
element in any community exceeds the number of anglers. 
Moreover he has more time. The picking of fruit in all 
stages of growth is one of his favorite pastimes. Why not 
condemn for his benefit the right of taking fruit? Surely 
if this legislation is for the benefit of the public, the num- 
ber of individuals who would really derive enjoyment 
therefrom should be taken into account. 
On the whole, it would seem that the usually conserva- 
tive State of New Jersey has gone entirely too far in this 
particular legislation. Kenneth Fowler. 
Jersey City, N. J 
Massachusetts Legislation. 
Boston, May 30. — Editor Forest and Stream: The 
Fish and Game Commission in their report for 1902 
recommended several changes under the head of New 
Legislation. First — Providing for re-stocking ponds that 
had been stocked by them on petition of selectmen or of 
thirty or more citizens of a town. The law has been so 
amended as to provide for a second term of three years of 
protection. 
Second — For the better protection of song and insec- 
tivorous birds there has been added after the fine specified, 
ten dollars, the following: "For each bird taken or 
killed or each nest disturbed or destroyed contrary to the 
provisions of this section." A very evident improvement. 
Third — To prevent the use of explosives in fishing 
waters. The wording is, "Whoever kills or destroys fish 
by the use of dynamite, or other explosive, or explodes 
dynamite or powder in fishing waters shall forfeit ten 
dollars for each offense," 
Fourth — The so-called millinery law, relative to posses- 
sion or wearing the bodies or feathers of certain birds, 
has been made clearer and more specific. 
In each of these cases the statutes have been materially 
improved and strengthened. It augurs well for sports- 
men's interests when members of a committee on fish 
and game are willing to be guided to a great extent by 
men who make a special study of those interests, and 
upon whom in a great measure rests the responsibility of 
proper care of fish, wild animals and birds. The sports- 
men of the State have reason to remember with gratitude 
the members of the committee of 1903, as well as the 
commissioners. 
Another bill which has received the Governor's signa- 
ture and which pleases the shore people of Barnstable 
very much, prohibiting the taking of fish by nets and seines 
in the waters of Barnstable and Marshpee on Nantucket 
Sound. Another good bill is the one prohibiting the use 
of drag-nets, set-nets, purse-nets, seines or trawls in ponds. 
This law forbids the use of floating devices in connection 
with trawls and makes ten hooks constitute a trawl. 
Another bill places a bounty of $5 on a wildcat, Canada 
lynx, or loupcervier. Whether there be any of the last 
named in the State I cannot say. I have never seen one 
nor heard any man say he had seen one at large in Massa- 
chusetts. 
The bill providing compensation to farmers for damage 
done by deer is now in the Governor's hands, as is also 
the right-of-search bill in such shape as it is. I hardly 
expect it would be recognized by the man who made the 
original draft. Capt. Colli ns informs me that the com- 
missioners did not think it wise to urge further legislation 
on lobsters jitst now, in view of the request for authority 
to call a convention of commissioners and others from 
the lobster producing States and the British Provinces. 
An act for this purpose has received the Governor's signa- 
ture. In case such a convention is called elsewhere than 
in Boston, the commissioners are authorized to attend it. 
Representative Warner's trout bill has been rejected. 
It made the trout limit S inches. Mr. Warner, represent- 
ing several clubs in and near Northampton, desired that 
there should be a uniform law in all those counties, but 
inasmuch as Berkshire, which now has no legal limitation 
as to length, would not agree to a 6-inch limit, he urged 
the bill for 5 inches, although he and his constitue'nts 
would have been better pleased with a 6-inch law such as 
is in force throughout the State with the exception of 
Berkshire county. In all probability this may be regarded 
as a finality for the present session of the Legislature. 
A new association for protection of fish and game has 
just been organized at Middleboro, largely through the 
efforts of Senator Pratt and Dr. W. C. Woodward, who 
was for several years a zealous member of the State 
Association, and has been made secretary of the new 
societ.v. Under the leadership of such men we predict 
for it a bright future. These local associations are not 
only of much benefit to the individual members, but exert 
a powerful mfluence in the inculcation of the protective 
sentiment throughout the community and in securing 
proper legislation. ° 
In this connection it is a source of disappointment to 
read the fourteenth annual report of the Southern Massa- 
chusetts Fish apd Game League, in which it is annnmiced 
that "this document will conclude the doings" of the 
League. It is true the object for which it was originated, 
viz., the abolition of seining and trap-fishing in Buzzard's 
Bay, has been accomplished. The attempt to regain ad- 
mittance to the Bay may never again be attempted by the 
Menhaden Fisheries Company, yet possibly it may be; but 
there are other fields yet to conquer. The report alluded 
to concludes as follows : "We desire to express our obli- 
gations and thanks to our secretary, without whom there 
never would have been any League, atid who has, until his 
health has failed him and he is able to do no more, given 
his time and influence to the work from first to last." 
Your readers will remember that when the Executive 
Committee of the Central Committee was first chosen, 
George H. Palmer, Esq., of New Bedford, who has been 
so many years secretary of the Southern Massachusetts 
Fish and Game League, was elected one of its members. 
His failing health is a serious loss not only to his im- 
m-ediate associates, but to the cause of protection in Mas- 
sachusetts. 
The names signed to the report as the Executive Com- 
mittee, beside that of the secretary, are Arthur Rickit- 
son, president; Robert Bennett, vice-president; Henry M. 
Knowles, treasurer; Charles S. Raiidall — the last name 
will be remembered as for many years a member of 
Congress. Would it not be possible for these gentlemen 
by a little effort on their part to awaken an interest among 
the hundreds of sportsmen in their city and vicinity in 
forming a New Bedford Fish and Game League for the 
care and propagation of fish and game in their section 
and generally throughout the State, in conjunction with 
the work of other clubs? On whom else will Secretary 
Palmer's mantle fall? How much it would rejoice his 
heart to see a large, wide-awake club arise from the ashes 
of the old league of which he has been so long a part ! 
It is to he hoped that a movement of this kind will soon 
be inaugurated. 
Col. E. B. Parker has recently returned from a fishing 
trip in Vermont. Accompanied by Mr. A. S. Richardson, 
of St. Albans, he fished on brooks in Waterford, a few 
miles from St. Johnsbury, with very fair success. He 
fished from the same bridge from which he took a plunge 
unintentionally three years ago, as recorded in Forest 
AND Stream at that time. He informs me that the people 
of Vermont are regretting very much the calling to higher 
service of former Commissioner Titcomb regarding his 
accepting a position under the United States Commission 
as a great loss to the State. The Colonel says he shall 
soon make another visit to his preserve, provided there 
is plenty of rain, but not otherwise. He is an ardent 
sportsman, and is regretting his inability, for business 
reasons, to join his friend, Mr. J. M. Hoyt, of Lynn, who 
has recently started for the Rangeleys. 
Yesterday I met "Stepie" Johnson, managing director of 
the Megantic Club, who has just returned from the pre- 
serve. He says their woods have narrowly escaped the 
fires which have been raging all around them. Mr. Wood- 
ruff and brother, of New York, Mr. Talcott, of New 
Jersej', with Mr. Barker, of Scranton, Pa. ; Mr. Wood- 
burn, of Connecticut, and Mr. Harrison, of Pawtucket, 
are having good sport and getting all the trout they can 
use. Treasurer P, C. Wiggin has just left Boston on a 
wedding tour to Quebec and will stop at the club house 
on his return and then go to his camp at Chain of Ponds. 
Mr. Bateman, of Quincy, left j'esterday for Spider Lake. 
-A new' dining camp is being built at Arnold Pond, and 
Mr. Johnson says one night last week the workmen had 
plenty of light to work by in moving lumber all night long 
from the forest fires. Secretary Phippen is to start for 
the woods in a few' days, and others will soon follow'. 
Mr. Eben H. Davis, proprietor of the Lakeside on Um- 
bagog Lake, who has been engaged all wanter in literary 
work for D. C. Heath & Co., left Boston on Thursday 
for his hotel, where he will remain till late in the autumn. 
He with others occupied Deer Park Lodge for several 
seasons and says he owes his life to the recreation he has 
enjoyed in the woods. 
Congressman S. W. McCall, a friend of sportsmen's in- 
terests, left Winchester on Thursday with his family for 
his summer home in Lancaster, New Hampshire, and it 
is reported that Senator Spooner, of Wisconsin, has re- 
cently purchased a large tract of land in northern New 
Hampshire for a game preserve. 
Mr. Herbert Thayer, member of the House from Frank- 
lin, informed me that his brother, Mr. A. D. Thayer, and 
wife have just returned from Moosehead, where they had 
excellent sport, and Mrs. Thayer captured a laker w'eigh- 
ing 13^ pounds. The A. D. Foster party of five from 
Boston averaged a hundred pounds daily while at the 
lake. Mr. George S. Harris, Luther Greenleaf, C. B. 
Devereaux, and F. D. Hall, of Boston, and J. L. Fassett, 
of Ware; W. C. Freeman, of Providence; E. W. Bourne, 
of New Bedford ; E. J. Hodgdon, of Haverhill ; Mr. and 
Mrs. Fred R. Hill and two daughters from Medford, have 
all met with gratifying success. The Tisdale party, A. A. 
Tisdale, L. A. Tisdale, with six friends from Leominster, 
are getting plenty of fish. Mr. and Mrs. Fred S. Parker, 
from Bedford, are at Kineo with several friends, includ- 
ing Mr. and Mrs. W^ J. Lamb and Mr. W- C. Mentzer, of 
Somerville. Mr. E. Haring Dickinson, of Boston, is ac- 
companied by several friends at his private camp on the 
lake, and Mr. N. C. Nash, Boston, of the State Associa- 
tion, with Mr. F. A. Seamans, of Salem, is camping on 
"Little W" at the head of the lake. A party from 
Worcester, Charles H. Sibley and four others, are taking 
their share of fish. The Mohawk Fishing Club, com- 
posed of Haverhill and Boston sportsmen, is well repre- 
sented in Mr. Snyder's camp at the head of the lake by 
the president, C. W. Arnold, Hon. A. P. Jacques, and 
others from Haverhill: Richard E. Frazier, George 
Waterman, P. B. Heintz, and Jacob Mosser, of Boston. 
Mr. A. B. Shaw,, of Leominster, is reported to have taken 
a 19-pound togue. Mr. and Mrs. F. E. Dudley, and Miss 
Dudley, of Haverhill, are at Northwest Carry. INlr. 
Heintz, of the Mohawks, has taken a 534-pound squaretail 
trout, and President Arnold one weighing 4 pounds. Fred 
S. Lufkin, of Gloucester, is well to the front with an 8-/2- 
pound salmon. Mr. W. H. Wesson, of Springfield, is en- 
tertaining Nathan D. Bill, J. W. Kirkham, Samuel J. 
Fowler, and Frederick Harris at his camp at Moody 
Islands. Rev. Leonard K. Storrs, of Brookline, and Elias 
J. Bliss are getting plenty of trout and togue, The 
Watson partj^ including John J. Pew. A. B. Cook and 
Otbt^rs. have gone, out, having taken 330 trout and go togue 
