320 
FOREST AND STREAM. 
[Oct. 24, 1903. 
I regret to chronicle the death of two valued mem- 
bers of the State Association, during the past week. 
Mr. Edward E. Hardy became a member in 1882, was 
many years a vice-president, always an active worker 
for protection, and since 1896, on the list of honorary 
members. He was a man of sterling character and of 
genial temperament and will be greatly missed. 
Mr. Nathaniel P. Jones, of the farm of Cumner, Jones 
& Co., liad been a member of the Association since 
1887, and was greatly interested in its objects. It is 
but a few days since one of the younger members, Mr. 
Charles E. Dresser, beloved by all who knew him, was 
suddenly called to "join the innumerable caravan that 
moves to tlic pale realms of shade." 
They still live in the hearts of their associates and 
co-laborers in the cause of fish and game protection. 
CeI.'TRAL. 
Game Preserves. 
Editor Forest and Stream: 
Your courteous correspondent, W. E., in the Octo- 
ber 3 number of Forest and Stream, lays down some 
propositions on the subject of land tenure in relation to 
game preserves that I believe cannot be sustained with 
due regard to the established principles of property 
rights. 
He seems to assume that it is only necessary for the 
State to paFS a law in order to impose any degree of 
restriction ihat the "public" may demand upon the rig'.it 
cf a landowner to exercise control over his own landed 
possessions. 
It is probnblc that any such law that should be framed 
so as to cuTlail a m.'ui's full control over his land, sup- 
posing his tiile to be clear and undisputed, would be 
pronounced by the courts unconstitutional. 
There is n school of political economists who hold that 
land should not be subject to private ownership at all, 
but should be as connnon property as is the air we 
breathe; that is, should belong to the State for the com- 
mon use of all her citizens. 
The fallacy of this propaganda, as well as that in the 
contention of your correspondent, lies in the fact, as I 
conceive, that whereas the land was originally public 
property, with lillc resting in the State, the State has 
divested itself of title by conveying the land to individuals 
for a consideration, full tiilc lo same being qualified only 
by the right of eminent domain, which the State reserves. 
Every landowner derives title constructively from the 
State; that is, from the public. 
If the State conveyed originally unconditional title- 
that is, all her rights except that of eminent domain — 
she cannot afterwards reassert any degree of control 
over the land she has parted with, except to exercise 
police powers to guard the rights of others from a mis- 
use of the land that might deprive them of the proper en- 
joyment of their own; as, for example, the abatement 
of nuisances, etc. 
A man cannot close an ancient highway through his 
land, as W. M. E. correctly lays down. But the existence 
of such ancient highway presupposes that the landowner 
or his predecessor has parted with his right to do so 
by vesting title in the public. 
'The State can, in the exercise of the reserved right of 
eminent domain, appropriate private land for public u.se; 
but cannot do so without first making full compensation 
to the owner. 
The proposition that "a stranger may mine gold" on 
another's land "without paying for the privilege," seems 
strangely at variance with all recognized rules of property 
rights; and I am constrained to believe that your cor- 
respondent is in error in this statement. 
Another proposition, that "he himself may not divert 
a wafer course within his own boundaries," must be taken 
with limitations, and with regard to the rights of other 
indi\iduals, not the State. If the water course runs off 
of one man's land on to another's, the second man hav- 
ing acquired rights in same as well as the first, then 
the first man cannot deprive his neighbor of his share of 
the stream by turning it away from his land, nor out of 
its natural course. In the arid regions of the West, if an 
individual acquires land he may consume all the water in 
a stream running through it for irrigating purposes, and 
cannot be deprived of the right to do so by a second 
purchaser who may acquire land on the same stream 
below him after his right is established. But a third pur- 
chaser, coming after the first and acquiring land above 
him, could divert the stream from him, and so deprive 
him of a vested right. 
The general rule prevails that a man may not divert a 
natural water course on his own land to the injury of 
his neighbor who possesses rights in the same stream. 
But this is a very different principle from that assumed 
by W. M. E., that the State can give the right to in- 
dividuals, or the public, to invade the lands of a private 
owner. 
The principle that property rights in the ferce natur<2 
repose in the State, and not in the individual until re- 
duced to actual possession, has long been established, it 
probably had its origin in the arbitrary exercise of power 
by the early Norman kings of England, who asserted 
ownership over all the wild creatures in the kingdom. 
We hear nothing about "the king's deer" before their 
time. But color is given to the rule that fera nattirce 
are not the property of individuals until reduced to pos- 
session bv the fact that the wild creatures do not inhere 
in the land of any individual, having no permanent abid- 
ing place, and not being subject to human control; but 
are on this man's land to-day and that man's to-morrow ; 
so that no individual landowner can claim any other 
than a transitory interest in these wandering denizens of 
nature's wide domain. And it is no great strain on the 
fundamental principle of property rights for the State 
to ass\iine a restrictive control over these creatures that 
cannot in the nature of things be considered one rnan's 
property more than another's when in a wild condition, 
the State's intervention being for the purpose of best 
securing the rights of all in the game and fish that are 
common to all who can properly gain access to it. 
But if the State itself should appoint agents to go on 
a man's land to reduce to possession the game that it 
has a theoretic title to, the landowner could challenge the 
right of the State to invade his premises for siJch a pur- 
pose^ spd WD14J4 W sijst^iped hy the courts. 
Neither can the State, as suggested by W. M. E., dic- 
tate to a landowner what kind of use he shall make of 
his land; or undertake to determine whether he is so 
using it or not as to afford proper grounds for excluding 
the public from it. Whether he shall elect to keep it in 
a forest state for future use, or for the benefit of his 
children, or shall cut the timber and market it, and put 
the land in cultivation, it is not a matter in which the 
State or the public can properly concern itself. The 
owner of the land must be the sole judge as to what use 
he may choose to make of his possessions, so long as he 
does not interfere Avith the property rights of others ; and 
any interference with this right on the part of the State 
would open the door directly to a breaking down of the 
fundamental principles upon which the whole social 
fabric rests. 
I am not a lawyer, and hold myself subject to correc- 
tion in laying down legal propositions; but a learned 
legal authority once said that "good law is good com- 
mon sense," or words to that effect; and I am willing to 
be judged by that standard. Coahoma. 
Mississippi. 
Them Big White Bir.'s. 
Peopi.e who have frequently seen deer in their na- 
tive luuints and are acquainted with their habits and 
peculiarities of movement, will be deeply interested and 
amused at a story, which is told concerning the experi- 
ence of a prominent physician of Utica, while on a 
bunting trip in the Adirondacks. The gentleman re- 
ferred to had never seen a deer in its wild state, but, 
like most amateur hunters, he had no misgivings as to 
his ability to recognize the game at sight and he had 
little fear but that he would be able to bring down the 
first animal he shot at. The party of which he was a 
member, all of whom, by the way, were Uticans, went 
into camp on the bank of a good-sized stream in an un- 
frequented portion of the wilderness where deer 
abound, and as soon as possible thereafter hunting 
operations were begun. As the doctor was not as 
familiar with that part of the woods as some of his com- 
panions were, a guide was assigned to accompany him. 
The two accordingly sallied forth full of hope that 
their efforts would speedily be rewarded by the bag- 
ging of venison enough to supply the camp. They had 
only gone a short distance before they reached a local- 
ity where deer signs \vere numerous, and in order to 
improve their chances for getting a shot, they sepa- 
rated, taking care, of course, not to get far enough 
apart so that there would be any danger of the Utican 
becoming lost. The latter, when thrown upon his own 
resources to some extent, enjoyed the situation all the 
more and proceeded to hunt cautiously and in what he 
considered was the proper manner. 
While carefully moving forward in the direction which 
had been agreed upon, he caught sight of an object re- 
sembling a large white bird flying rather slowly 
through the shrubbery with a graceful, undulating 
movement. He thought it rather strange that such 
a bird should be seen flying about thus in the depths 
of the woods, and was mtently occupied in pondering 
over the matter when, to his astonishment, he saw 
what he took to be another bird of the same kind, 
though a trifle smaller, flashing through the under- 
growth only a short distance away. It exhibited the 
same graceful, wave-like manner of flight that the 
other had done, but its rising and falling appeared to 
be more rapid and it vanished from view more quickly. 
These incidents made quite an impression uppn the 
Utican, as he could not make up his mind what kind 
of birds they were that he had seen, unless they were 
sea gulls, and what business the latter would have in 
the thick woods he could not cipher out. He con- 
cluded to question his ^uide about the matter at the 
first opportunity, and see if he could explain it. Ac- 
cordingly, when the two came together again some 
time afterward and the guide asked him if he had seen 
the deer, the doctor replied: "No, I haven't seen any 
deer, but I saw two big, white birds flying through the 
bushes in a mighty queer sort of way. Guess they 
must have been sea gulls, weren't they?" 
A peculiar sort of twinkle came into the guide's eye 
at this moment, but he reserved his decision until the 
Utican had told all about his experience, and then 
made the apparently irrelevant remark: "Guess you 
haven't ever seen many deer running around in the 
woods, have you?" "No," replied the doctor, "I never 
saw a live wild deer in the woods in my life, but what 
has that got to do with those birds?" "Well, them 
l3ig white birds, as you call 'em, was the tails of two 
deer. The first one was a big fellow and he didn't 
see:n to go very fast, because he hadn't been scart. 
The other was a smaller deer, and he was going 
through the brush to beat the cars, because he had 
scented you or seen you and knew it was time to be 
on the move. You see, when a deer is running 
through the woods he bounds along with his tail up, 
and that is white on the underside, and sometimes, 
when the bushes are pretty thick, you have to look 
twice before you get your eyes on the body of the 
deer. So you can say you have started up two deer 
to-day." Now, the doctor had a certain amount of 
confidence in his guide, but at the same time he placed 
a great deal more dependence on his own eyesight and 
judgment, so the outcome of the matter was that he 
refused to believe that the white objects which he had 
seen were anything else than birds, and presumably 
sea gulls at that. His guide, finding himself unable to 
convince the Utican as to the truth of what he had 
told him, wisely refrained from arguing the point at 
great length, but by way of friendly advice, added: 
"Well, anyway, I don't think you had better tell the 
boys in camp the story about them white birds." 
Tt is customary for deer hunters on returning^ from 
a day's sport to discuss the adventures and experiences 
which they have had while in quest of game, and tisual- 
ly this confidential talk forms one of the most inter- 
esting and enjoyable features of a trip. As might have 
been expected, therefore, the Uticans were all re^^dy and 
anxious, on returning to camp that night, to tell' about 
wh.it they had seen and heard during the day. /rhe 
professional man, utterly ignoring the advice of his 
guide to remsin silen'' the subject of sea gulls, m^de 
a point of telling his story at the earliest possible mo- 
ment, laying particular stress upon the strange and 
weird spectacle produced by the white wings of the 
gulls as they gleamed through the shrubbery in the 
depths of the wilderness. Greatly to his surprise, how- 
ever, his friends immediately took the same view of 
the matter that his guide had done, and their unre- 
strained merriment awakened the echoes in the wood- 
land for miles around. Nothing that he could say 
would dissuade them from the belief that he had seen | 
two deer and mistaken them for gulls, and from that 
time forward, as long as they remained in the woods, 
he was known by the familiar appellation of "White 
Wings." W. E. WOLCOTT. 
UiiCA, N. Y., Get. 16. 
New York State League. 
An Appeal to the Sportsmen of New York, 
Tt-tf. shooting season is here, and the many lovers, 
of dog and gun will soon once more start out, to tramp 
thror'g-h the swales and covers, where in former sea- 
sons, d.ey have spent so many happy hours. 
As the season passes, the increasing scarcity of game 
in places, where at once time fair-sized bags conld al- 
ways be counted on, will probably not infrequently be 
forcibly brought to the shooter's attention, _ and the 
necessity of fostering and caring for our native ganie 
birds, and protecting them in their close seasons — if 
the old conditions are to be brought back, will un- 
doubtedly appeal to many, who have heretofore seldom 
troubled themselves about such matters. 
To such persons especially, as well as to all others, 
who have at heart the better preservation and protec- 
tion of our fish, game and forests, we wish to once 
more appeal and to urge them most earnestly, if they 
have not already done so, to join either as clubs, asso^ 
ciations or individuals the New York State Fish, Gamf 
and Forest League. 
The objects of this League are to bring together, foi 
concerted action, all those who are interested in tht 
protection and preservation of the fish, game and for 
ests of our State, to procure the enactment of prope) 
game laws when necessary, to promote and enforce tltf 
observation of those which are now on the statut 
books, and to prevent the constant tinkering with, an 
repealing of measures, which we deem proper and d' 
sirable. 
Our game laws were never in such good shape as 
present. The record of the last Legislature, in pass 
ing among other good bills, first, the bill prohibitm) 
the spring shooting of web-footed wild fowl — with th 
exception of brant on Long Island; second, the b'' 
prohibiting the sale of grouse and woodcock killed 
this State; and third, the bill extending the right 
search to the counties of New York and Kings 0 
of which, by the way, were urged and advocated by th 
League), is a most creditable one, and gives reason fo 
the hope that the people in general are awaking at las 
to a realization of the fact that our supply of nativ 
game is being seriously diminished, and that on'' 
strenuous measures can preserve what remains an 
gradually restore our waters, swales and covers 
those conditions as to abundance of fish and gam 
which most of us remember and all of us long for. 
The coming session of the Legislature will, howeve 
undoubtedly bring the usual large number of bills 
fecting the game laws, the greater part being local 
tempts to secure special privileges and exemptions fro 
the operations of the present laws; while others ar 
more dangerous ones will be introduced in the inte' 
ests of the dealers in game and of the cold-storaf 
men, who with a single eye to their own present bus 
ness interests, can be counted on to oppose all gof 
game legislation and will never lose an opportunity r 
secure the repeal of any section which in any way a 
fects their business. They have always done this in t1 
past, and will surely not be idle in the future. 
To help us to hold what we have, and to proper 
meet these attacks on our game laws, which are sit,, 
to come, we want the assistance and co-operation 
not only every club and association interested like ou 
selves in game and fish matters, but of individual sport 
men in every county in the State. 
Urge your club or association to join us, and if y< 
have no such organization, try to form one, but 
you cannot arouse enough interest in your locality 
organize a club, join us as an individual. 
We need your aid, particularly in influencing yo 
representatives in the coming Legislature, to see th 
no backward steps be taken; that all good game laws' 
retained on the statute books, and in no cases repeale 
or modified, in the interests of certain localities. 
We want you one and all, and if you have at heart t 
objects for which the Leagiie was formed, a hearty wi 
com.e awaits you. 
Our next annual meeting will be held at Syracuse/ 
Dec. 10, 1903, and we hope for a full representati 
from all parts of the State. 
Won't you see that your particular section is repi 
sented at that meeting, either by an organized club, 
by individual sportsmen? 
Applications for membership should be made to t 
secretary, who will furnish the necessary blanks a 
give any further information which may be desired. . 
Robert B. Lawrence, President 
Ernest G. Gould, Secretary, Seneca Falls, N. Y. 
Moose Every Year for Fifty-three Years. 
South Brookfield, Nova Scotia, Oct. 5. — Editor F 
est and Stream: Once more I have to_ tell you of 1 
success of our old sportsman and guide, Mr. W. 
Crooker. Mr. Crooker, who is a land surveyor, has b 
very busily engaged all the summer and fall in survey 
and running lines, and not a week passed without I 
coming on the yards of from three to five or more mo- 
in them. Quite often he was within fifty and a hund- 
yards of them, and not until Saturday morning, 
3d inst., did he offer or attempt to get one. This mo 
ing he said to his two boys while eating their breaki 
about S A. M., "This being Saturday, and a fine, a 
