FOREST AND STREAM. 
[Oct. 31, 1903. 
Every attempt to violate any provision of this act shall be pun- 
ishable to the same extent as an actual violation thereof * * » 
(Page 217.) • ' 
2. The defendant, as deputy sheriff, had a right to 
seize these hides under section 11, division A, which 
provides : 
The commissioner * * * and every sheriff and constable, in 
his respective county, is authorized and required to enforce this 
act and seize any game or fish taken or held in violation of this 
act * * * (Page 187.) 
When, therefore, the defendant seized these hides, on 
December TO, the possession was then restored to the 
State, where it rightfully belonged, and the plaintiff must 
show a right to have them again in his possession on 
January 28, 1901, before he can successfully maintain his 
replevin suit. 
3. The only way he could have lawful possession of 
them again, at any time, would be by a sale_ and pur- 
chase under sections 9 and 10, division D, which are as 
follows : 
; See. 9. All game and fish seized under this act shall, without 
. unnecessary delay, be sold by the officer seizing the same, or by 
the commissiontr, except when a sale is impracticable or is 
likely to incur expenses exceeding the proceeds, in which case 
the same shall be donated to any needy person not concerned in 
the unlawful killing or possession thereof. Possession by virtue 
of such s.ile or donation shall not be unlawful. The proceeds 
thereof, after deducting the costs of seiztire and sale, shall, if 
made hy the commissioner or any warden, be paid into the . State 
treasures but if made by a sheriff or constable, shall be paid, one- 
half to the commissioner and one-half into the treasury of the 
county where the seizure was made. 
Sec. 10. In case of such seizure and disposition the officer 
making the same shall sign and give to each purchaser or donee 
. an invoice stating the time and place of disposition, the kind, 
quantity and weight, as near as may be, of the game or fish dis- 
posed of and the name of the purchaser or donee. Such invoice 
, shall authorize possession, transportation within this State, storage 
and sale for thirty days after date and sha]l be substantially in 
the following form: 
Form 10. 
STATE OF COLORADO. 
DEPARTMENT OF GAME AND FISH. 
OFFICER'S INVOICE. 
, .190.. 
Disposed of by me, this day to 
'the following game and fish, to wit: kind, i : 
number ; weight, ; the same 
.having been seized and disposed of by me under the provisions of 
the game law. This authorizes possession, storage, transportation 
within this State, and sale. Void after thirty days from date. 
(Title of Officer.) 
( Page 206.) 
That any such sale took place is not shown by White's 
evidence, nor is it pleaded in his amended complaint. 
All that is there said is that the defendant retransferred 
"and delivered the hides to plaintiff for the consideration 
of $30, "stating" to plaintiff that he had a right to do so. 
• This comes far short of pleading a sale and purchase 
under and by virtue of the law. 
' Giving all the weight to his pleading and testimony 
that can be fairly claimed for them, they show nothing 
more than a personal deal with the defendant as a private 
inidividual. 
The defendant says he had no part in the deal, but so 
far as the legal effect is concerned it makes no difference. 
The State is the real party in interest, and is not bound 
or estopped by an unauthorized act of an individual or 
an officer. More than this, the plaintiff cannot predicate 
a right and maintain a suit upon an illegal act to which 
he was a party. He it is who is invoking the aid of the 
law, and his right must be a perfect one or he must fail. 
4. But if there was an actual bona fide sale on Decem- 
ber 10, 1900, the possession of White on January 28, 190T, 
was nevertheless unlawful. 
First. Because he received no officer's invoice or bill 
of sale, as provided in section 10, just quoted. It does 
not appear that he asked for one and was refused. It 
was as much his duty to demand an invoice or bill of 
sale as it was for defendant to give him one. Indeed, the 
fact that he neither asked for nor received one, shows 
that it was not considered an actual sale under the law. 
Having elected to receive the hides without the invoice 
Avhich the law makes essential to the right of possession, 
his possession at once, and for the second time, became 
imlawful, and the hides were subject to seizure by any 
officer of the law the moment they were returned to him. 
This provision of the law cannot be waived by an offi- 
cer any more than it can be by the violator. 
We must not be understood as asserting or assenting 
to the proposition that the defendant was personally 
concerned in any unlawful or corrupt deal. His testi- 
mony is that he was not, and he is entitled to the benefit 
of it. But we are arguing it from the worst view possi- 
ble, for if a corrupt or authorized act of an officer, whose 
duty it is to enforce the law, can enable a violator to 
escape punishment, then the door is opened wider than 
ever before. 
But we do not have to rely even upon this principle, as 
vvc will now proceed to show. 
Second. If it was a sale and he had received an in- 
voice or bill of sale in due form, it could have no force 
beyond January 9, being the thirty days provided^ for in 
the law. The law makes no provision for extending the 
right of possession thereafter, except in pursuance of a 
storage permit, before referred to, and there is no pre- 
tense that he had anything of that kind. 
So that, if everything connected with the sale was 
waived, and lawfully waived ; if every illegal act of 
plaintiff and of defendant and of Lyttle was condoned, 
and lawfully condoned; pardoned, if you please, by the 
Governor, yet upon the expiration of thirty days from the 
date of sale, the possession of plaintiff at once and for 
the third time became unlawful, and the hides subject to 
seizure. 
A storage permit under section 16, before cited, can 
' only be issued to one having lawful possession. Under 
an invoice of sale, if one had been issued to him Decem- 
ber 10, 1900, his lawful possession ceased January 9, 190T, 
and thereafter there was no authority vested in any 
officer to issue a storage permit. 
. So that if everything which plaintiff could possibly 
claim by reason of a lawful sale by an officer to him be 
conceded, all right of possession ceased nearly twenty 
days before the seizure of January 28, and nothing the 
officer or game warden did or failed to do on December 
TO relieves the_ plaintiff in the slightest , degree, as to un- 
- lawful possession. ^. 
Tfhif4- |Ie W^s, pn his oytn confession, attem|>t- 
ing to take them out of the State in violation of the sec- 
tions before referred to. If he had complied with the law 
and paid the fees for transportation out of the State, they 
would have amounted to $1,500. (Section 2, division H, 
page 220.) Thus, for the fourth time, his possession be- 
came unlawful, and this is also totally disconnected with 
the alleged sale and the acts done or undone at that 
time. 
The purpose of these sections was to discourage the 
hide hunter and the hide buyer, and make the way of 
such transgressors hard, and it ought to be hard. 
In ex parte Maier, 103 Cal., 476, it was claimed that the 
game in question was purchased in the State of Texas, 
and being brought into California made it an article of 
merchandise, the possession of which the Legislature 
could not forbid. The case was elaborately considered 
and numerous authorities referred to, and the validity 
of the statute upheld. 
In State vs. Rodman, 58 Minn., 393, the question was 
also as to the right of possession in the close season of 
game purchased' in the open season, and the statute was 
sustained, and a large number of cases cited. 
In People vs. Haagen, 72 Pac, 836 (Cal., 1903), the 
prosecution was for the possession of fresh salmon dur- 
ing the close season. The defense was that the salmon 
were caught or purchased during the open season, and 
therefore became an article of merchandise, the subse- 
quent possession of which the State could not prohibit. 
The defense was held bad, and the Maier and other cases 
referred to. — See, also, State vs. Snowman, 94 Me., 99, 
The law makes these regulations as to the right of 
possession and exportation in order to protect the game 
of the State, and no failure of duty or corrupt com- 
promise can affect the right of the State to retake these 
hides when held in total disregard of the requirements of 
the law. 
Besides this, the amended complaint is fatally defective 
in not showing that the place of taking was in Rio Blanco 
county, the place of commencing the action, and in not 
alleging that the property was in that county at -the time 
the action was commenced. — 18 Enc. P. & P., 540. 
The plaintiff was entitled to possession only by virtue 
of ownership created by the laws of Colorado, and hence 
his complaint is insufficient in not averring all the facts 
necessary to such ownership. — 18 Enc. P. & P., 537-538; 
Baker vs. Cordwell, 6 Colo., 199-202. 
From the day it was commenced to the time of the 
verdict, the case never had a leg to stand on ; the ob- 
jection to the introduction of evidence and the motion 
for judgment in favor of the defendant ought each of 
them to have been sustained. 
Hundreds of the game law cases have been decided in 
the higher courts, but the books will be searched in vain 
for one holding that the right of possession and traffic 
in game may not be restricted by the State at will. 
In the Geer case it is said : 
"We have been referred to no case where the power 
to so legislate has been questioned, although the books 
contain cases involving controversies as to the meaning 
of some of the statutes." 
The misfortunes of game laws have never been in the 
courts of last resort, but in inferior courts, where the 
laws have been frittered away and made a fool of by 
acquittals in the face of overwhelming evidence, and 
often in the face of admissions by the defendant show- 
ing his guilt. This comes from an unreasoning prejudice 
on the part of the people generally. This has been most 
intense among residents of the game regions themselves, 
many of whom have taken the view that game laws are 
made for the benefit of the rich tourist and the city hun- 
ter. Nothing could be further from the fact. The men 
of limited means and the residents of the game regions 
are, of all persons, most interested in game protection. 
If protected by reasonable laws, game will always be 
within their reach. If it is destroyed at home, the hun- 
ter of ample means can go to British Columbia or Alaska, 
while the one of limited means will be altogether de- 
prived of it. 
When the people are educated out of this short-sighted 
prejudice, they will see the special benefit to them of 
game laws and give them a hearty support, instead of 
conniving with or assisting violators in evading them. 
The plaintiff has amended his complaint twice in an 
effort to state a cause of action, and has failed. Under 
the undisputed facts he could not then, nor can he ever, 
amend it so as to state a cause of action. 
His disregard of the plain requirements of the law has 
placed him beyond the possibility of success. 
The case ought not only to be reversed, but dismissed 
without further annoyance to the officers and the courts, 
and that the people of the State may understand that 
game protection has come, and come to stay. 
S. G. McMuLLiN, District Attorney, and 
D. C. Beaman, for Appellant. 
October 7, 1903. 
In New England. 
Boston, Oct. 24. — Editor Forest and Stream: For 
shooting on Sunday, James Chapman, of Mansfield, has 
been arrested at Norton by deputy sheriffs Perry and 
Nerney. All officers qualified to serve criminal processes 
are bound by their oath to look after the enforcement of 
game laws, but too few give any attention to their viola- 
tion. 
On the 21 St Governor Bates visited the Walnut Hill 
Rifle range, where he qualified as a first-class marksman, 
making 40 bullseyes out of 50 shots at 200 yards. Several 
members of his staff also made excellent scores. 
Your correspondent received a pleasant call from Dr. 
M. G. Munro, of Gardner, Mass._, this week. He says 
he has had very good bird shooting in his section this 
month, securing a number of ducks, quail and partridges. 
He also killed a wildcat weighing 29 pounds; he thinks 
it was a genuine loup cervier. This will be a surprise to 
many, as it was to me. The Doctor is a son of the 
famous Nova Scotia guide and woodsman of Maitland, 
J. V. Munro, with whom several well-known American 
sportsmen are acquainted. Maitland (Annapolis county) 
is a good point from which to reach fine trout waters, and 
.is the center of a moose country as well. The Doctor 
visited the old home this samm^r m4 he telk ipe tha^t 
while there he saw three moose, but this was in the close 
season. He has a camp on the Kegmagege Stream. The 
building of the Caledonia Branch of the Annapolis Val- 
ley Railroad enables sportsmen to ride by rail to within 
ten miles of the settlement. 
Mr. A. B. F. Kinney, of Worcester, who called on 
Wednesday, tells me that there is a great scarcity of 
partridges in that region of Worcester county. 
Mr. R. C. Dixey, of Boston, and others, have just or- 
ganized the Berkshire Hunt Club at Lenox. Mr. Giraud 
Foster, Mr. Dixey, Mr. Samuel Frothingham, and Mr. 
C. A. Bristed are some of the officers, and Mr. C. G. Gil- 
more is master of the hounds. There are already forty 
members. 
Connecticut Deer. 
Two deer were recently struck by a freight train on 
the Air-Line Division of the N. Y., N. H. & H. R. R., 
near Montowese Station. They were so frightened by 
the approach of the train that they stood still on the track 
till killed by the engine. 
The first Vermont deer reported killed was shot by 
Herbert Estes near Pownal. On Rice Hill, Sheldon, a 
Swanton hunter killed one also on the first day of the 
open season. On the 23d, in Lanesboro, Topsham, Gro- 
ton, Stowe, and several other towns, deer were killed 
weighing from 150 to 200 pounds — one was reported to 
weigh 400 pounds, another 300. If true, the Vermont 
deer show the benefit of good feed and time to grow. 
A sportsman from Goffstown, N. H., hunting in Graf- 
ton and Alexandria is reported to have killed one weigh- 
ing 325 pounds. Two Center Harbor sportsmen secured 
a deer this week. A freak of nature in the form of a 
five-legged deer, was killed by a lumberman named Grover 
near Northeast Carry, Maine, recently, the fifth leg being 
perfectly formed and attached to the front part of the 
body. 
An experiment to test the value of a close time on 
lobster catching has been made this summer by the fisher- 
men at Matinicus and Criehaven, Maine. They agreed 
among themselves not to set any pots in August and Sep- 
tember this year. Four thousand pots were put into the 
water September 30. During the next two days 10,000 
lobsters were taken. One fisherman got 360 in his traps 
the first haul. This is said to_ beat all previous records. 
This result is worthy of attention on the part of all who 
wish to see the lobster industry perpetuated. 
Central. 
Virginia Shooting;, 
Southern hotels are adopting the game preserve sys- 
tem for the benefit of their guests. Among these the 
Hotel Chamberlin, at Old Point Comfort, has taken the 
precaution to provide an ample shooting territory. 
The territory adjacent to James River is well known 
for being one of the best natural breeding places of all 
varieties of game found in this part of the country, which 
accounts for the many clubs of sportsmen who own or 
lease immense tracts of land, including marshes and 
creeks, for the shooting privilege alone. In fact, so much 
of the desirable property is restricted in this manner 
that it is difficult for the non-member and non-resident 
to find a suitable place to enjoy a few hours' sport with 
the gun. 
The management of the Hotel Chamberlin has acquired 
a large acreage of the best located land in this section for 
a shooting preserve, where the guests of the hotel can 
have the opportunity of hunting under all the necessary 
conditions and protection. The preserve is situated in 
James City county, about one hour's ride from Old Point 
Comfort, on the Chesapeake & Ohio Railroad, which 
makes it easy of access and so convenient as to enable 
one to leave the hotel right after breakfast, shoot all 
day, and return in time for the evening meal. If it is pre- 
ferred to remain over night, a lodge is provided for that 
purpose. By natural and artificial means the preserve, 
which consists of ten thousand acres, has been made as 
near perfect as possible, and it is therefore not conceiv- 
able how a day's time can be more pleasantly spent. 
Aside from squirrel, 'possum, rabbit, and 'coon, in their 
season, there is an abundance of quail, ducks, brant, wild 
turkeys and woodcock, during all the late fall and win- 
ter; in the spring, snipe; while in the early autumn mil- 
lions of sora afford great sport along the shores and 
marshes. The Chamberlin preserve is unique from the 
fact that the season is so unusually long. There is good 
shooting from September to May. 
On the Monfoe Matshes. 
Monroe, Mich., Oct. 17. — Shooting in the Monroe 
marshes has been very excellent this year, and those 
members of the Marsh Club have been enjoying fine 
sport among the canvasbacks. After the 20th of the 
month all, or nearly all, of the members will be at their 
club house for the remainder of the season. They are 
expecting to entertain as their guest this year former 
President Grover Cleveland, who will, for the first time, 
experience the delights of shooting in the finest duck 
preserves in this country. Canvasbacks and redheads 
predominate here, and a record for one man of 120 in a 
day has been made. F. H. 
Long Island DtJcks. 
Good Grounds, L. L, Oct. 26. — ^Just a few lines to let 
you know, as well as your readers, that the Shinnecock 
Bay is full of ducks of all kinds, and the Bay men claim 
there have not been so many birds here for the last twenty 
years as there are now in the bay. Mr. Schityler, of 
Wall street, went out last week and averaged from 40 to 
100 birds a day. Quail and partridges are also plentiful 
here ; so if any gunners want good sport, now is the time 
to come. E. A. Buch miller. 
All communications for Forest and Stream must 
be directed to Forest and Stream Pub. Co., New 
YQrjE, to yeceive %^tioii. hayf ^9 qt^^J^ ^fii^f , 
