48 
FOREST AND STREAM. 
[Jan. i6, 1904. 
Adirondack Deer. 
Edifor Forest and Stream: 
At a meeting held by the New York State Fish, Game, 
and Forest League, in Syracuse, in December, it was 
voted by different club members to recommend that the 
last fifteen days of the present open season on deer be 
cut off, instead of cutting off the first fifteen days of 
September. The game law is intended to give the sports- 
men of all sections of the State an equal show in securiiig 
and participating in the use of its game. To cut off the 
fitfeen days' open season in November would deprive a 
great share of those in the southern and western portion 
of the State of participating in the sport at all, for the 
reason that they could not ship their game in warm 
weather and have it arrive in a sanitary condition. Even 
that secured in the first half of November must quite 
often be disposed of by a free distribution to friends and 
neighbors. 
Secondly, such a change of the hw would not only 
deprive the sportsmen above mentioned, but would shut 
out all hotels, restaurants, boarding-houses, and con- 
sumers throughout the State of securing it in November, 
whether killed in this State or elsewhere, as the Lacey 
law would take effect when our open season closed. Thus 
many of our townsinen would be debarred of privileges 
that other States freely accord their citizens. The object 
of this proposed cut cannot be on account of the scarcity 
of game or of the immediate extermination of the same, 
as the outlook, judging from all accounts, especially on 
the west side of the woods, never appeared more favor- 
able than last fall for deer. In the coming report of 
gaiiie shipped out of the Adirondack woods during last 
open season, 1 hope we may have the numbers given of 
the shipment for each month separately, instead of the 
total for the season, thus giving us a pointer as to when 
sportsmen prefer to still-hunt for deer. 
Cap Lock. 
jAMBSTfcWN, N, Y. 
Pennsylvania Game* 
Elmira, N. Y., Jan. 2. — 'Edifor Forest and Stream: 
Since writing you last I have made a short trip through 
Pennsylvania and found by questioning the shooters that 
Pennsylvania has had good grouse, deer, and wild turkey 
shooting during the season of 1903. I also talked with 
Dr. Kalfus, secretary of the State Game Commission, 
who is the noblest Roman of them all. He says that the 
State of Pennsylvania will have to look after. the wildcats, 
foxes, skunks, owls, etc., if they would thoroughly pro- 
tect the grouse, quail, and turkeys. The doctor was out 
in the deer section twelve days during the season, and 
in that time counted the tracks of at least sixty cats and 
200 foxes. There was snow on and it made a good 
register to read their record in. 
Our duty in this State and every State is to stop the 
sale of game, feed the birds during the cold weather and 
deep snows, make the open season short, restrict the bag, 
make uniform laws for New York and Pennsylvania, all 
game to come in at one time and close at one time; no 
shooting in July or after the season closes. All work 
together for the same grand purpose — to protect the 
game and give it a fair show; and we can use automatic 
and pump guns galore— I think. 
I found a new thing to-day that will perhaps interest 
the sportsman. That is a soft brass hob nail >-2 and 54- 
inch long, J/2-inch for sole, 54-irich for heel of our hunt- 
ing and fishing boots and shoes. Mr. L. M. Millspaugh, 
of this city, had them, and, like all our shooting friends 
when they have a good thing, wished to divide with 
three fellow sportsmen. Most of us can remember the 
old soft iron hob nails; they were good. Then came the 
steel nail that would get slippery as glass and break half 
the heads off in a day's tramp, and are worthless. This 
soft brass hob Will stick to a stone in or out of water like 
a puppy to a root, and I advise my fellow cranks (bless 
the name) to get some and try them. 
1 am off next week for a trip through the South an i 
hope to find something interesting to write you from 
there. , ; E. H. K. 
A Good Shot on Birds. 
Fort IMttchell, Va., Dec. 28. — Editor Forest and 
Stream: On re-reading some of my old files of your 
psper, I found an article relative to quail shooting in Min- 
nesota, stating the birds are so much stronger and harder 
to hit than southern birds. A gentleman has been shoot- 
ing on my preserves this year who, I believe, can kill 45 
out of 50 quail either in Minnesota or any other State 
in the Union. I am considered a pretty good shot myself, 
and have entertained some of the best shots from north- 
ern cities, but Major La Rue is the greatest shot with 
shotgun and rifle that ever visited this country. I have 
hunted with him day after day and he takes every shot 
that comes his way, very seldom scoring a miss, and fre- 
quently killing three quail on the covey flush with his 
pump gun, all ^single birds, firing the three shots as quickly 
as most good shots fire a double gun. Day before yester- 
day I flushed a single quail in the thick pine woods that 
flew directly at Major, who poked his little Winchester 
skyward and shot off the bird's head as cleanly as though 
cut off with a knife. Incomers, drivers, quarterers, 
twisters, all look alike to him, and it's a lucky bird that 
dodges his charge of shot. 
With a rifle he is equally at home, making the most 
wonderful kills that I ever saw. 
Wild turkey and'deer are very wild just now, and other 
game hard to find owing to the unusually cold, dry 
weather and heavy winds, so we have about given it up 
for this year. We had woodcock and quail for Christ- 
mas dinner, and have a fat 'possum in the oven now for 
to-day's dinner. 
Major has gone up the State to look after some mining 
interests, much to the regret of the many friends he made 
while here. 
There will be fine shooting here next fall, as the cover 
is heavy, feed plentiful, and conditions favorable in every 
way. R. A. Thompson. 
A Bronxite^s Barg'ains* 
Locust Valley, L. I., Jan. 7. — ^This is the story of a 
sportsman from the Bronx and two Locust Valley 
farmers. There is no need to mention the names of any 
of the parties to the incident; the story is just as good 
as if the names were printed in full. It was a few days 
ago that the sportsman, who had been hunting in this 
neighborhood all one day, with poor success, drove up to 
the homestead of a well-known Locust Valley man, and, 
seeing a flock of pigeons about the place, asked the farmer 
what he would charge to let him take a shot at the birds. 
The farmer, who evidently thought the stranger could not 
shoot very well, said, "Twenty-five cents." The Bronx 
man handed over the money, raised his gun and fired, 
and six pigeons fell dead. The sportsman gathered up 
the birds, and then asked the farmer if he could go into 
the house and get warm. Permission was given him, 
but not very graciously, for the farmer was evidently 
mad, although he had too much sporting blood in his 
makeup to say anything, for if he had played a losing 
game he had no one to blame but himself. 
After warming himself at the farmer's fire the crack 
shot from the Bronx drove on a short distance and. soon 
csme to another farmhouse, in the yard of which he saw 
a fine flock of fowl. He decided that some chickens 
would be a good thing to have if he could get them at a 
reasonable outlay, and asked the farmer, who was in the 
yard, what a shot at the flock would cost him. The 
farmer answered that he could shoot into the flock for 50 
cents, and the sportsman lost no time in putting up the 
cash and firing the shot. His aim was good, and four fat 
pullets lay dead on the , ground. These were quickly 
gathered up, and the sportsman from the Bronx returned 
to his home with material for a savory pigeon potpie and 
a chicken fricassee, and all at the modest outlay of 75 
cents, plus the cost of two shells. He has, however, made 
it difficult for others to work a similar trick upon the 
farmers of this vicinity, for they are now "wise."— Brook- 
lyn Eagle. 
The "Webb Preserve. 
St. Augustine, Fla. — Edifor Forest and Stream: I 
note your report that Dr. Webb's Adirondack game pre- 
serve has been thrown open and the game set free. 
Dr. Webb was the first, if I am not mistaken, to take 
advantage of his wealth and fence the "po' white trash" 
out of an enormous tract, and his is the first example of 
common sense being roused to crowd out selfishness and 
work for the interest of himself and the general public, 
and I predict that others will be forced to follow suit; for 
this war will never end until they do. 
I hope you will open the question of State ownership of 
all wild lands. If that can be brought about there will 
be but little opposition to game preserves of S,ooo acres; 
but not an acre over that should be allowed. 
DiDYMUS. 
SEA AND MVm HSniN 
The Michigan Whitefish Case. 
Memorapdom for Judgment on Order to Show Cause. 
Under the acts of Congress providing therefor, the 
President of the United States, by and with the advice 
and consent of the Senate, appoints a Commissioner of 
Fish and Fisheries, whose duty it is to investigate the sub- 
ject, with a view of ascertaining what diminution, if 
any, in the number of food fishes of the coast and the 
lakes of the United States has taken place, and from 
what cause the same is due, and whether any pro- 
tective, prohibitory, or precautionary measures shouid 
be adopted in the premises, and report upon the same 
Ip Congress. It is also provided that the heads of the 
several executive departments shall cause to be ren- 
dered all necessary and practical aid to the Commis- 
sipner in the prosecution of his investigations and 
inquiries, and section 4398 of the Revised Statutes 
proTides that "the Commissioner may take or cause 
to te taken at all times in the waters of the sea coast 
of the United States, where the tide ebbs and fldws, 
and also in the waters of the lakes, such fish or sf)eci- 
mens thereof as may in his judgment, from time to 
time be needful or proper for the conduct of his duties, 
aiiy law, custom, or usag6 of any State to the coutr^ry 
nptwithstanding." 
'On November 6, 1903, which wkh during the closed 
s§n,son, under the Michigan statute, while the e^gs of 
whitefish and trout for the purpose 6f propagation in 
I^Jichigan wjere being gathered near Marf|uette, in Lake 
Superior, under the direction of S. Wires, superin- 
tendent of the United States Fish Hatchery at £)uluth, 
jie was arrested by the defendants in this case and the. 
^sh in his possession were confiscated. The action oj 
SuperintencLent Wires arid his meti. irl submittirig to 
the humiliation of the iorcible bbardiing of theit po&t 
and 'the seizure ' and -confiscation 6{ the fish, v^thdut 
forciWe resistance, »nd appealing td the cour% >tiere 
cbiltroversiei of ■ this^ HWatt fefetV^^f^ two S^'i-^gti 
governments should be settled without friction, can- 
not be too highly commended. 
The defendants are the Michigan State Game and 
Fish Warden and his deputy, who claim that all fishing 
by the United States Commissioner of Fish and Fish- 
eries, in the Great Lakes bordering on the State of 
^xichigan, must be done under the supervision, and 
that the only right the United States Fish Commis- 
sioner has to fish, for the purpose for which Congress 
created it, in Michigan waters during the closed sea- 
son, is conferred by Act No. 88 of the Public Acts of 
1899. which reads: "It shall be lawful for the United 
States Commission, through its representatives or ern- 
ployes, to fish with nets in any of the waters of this 
State, during any season of the year, for the purpose 
of gathering spawn from such fich caught, to have 
and to hold both ripe and unripe fish, and to have the 
privilege of selling such fish after stripping, to help 
defray the expenses incurred in the work of propa- 
gation. Provided, that such fishing by said Fish Com- 
mission shall be under the supervision and control of 
the State game and fish warden, and; Provided fur- 
ther, that at least seventy-five per cent, of the fry 
resulting from the spawn so taken shall be planted in 
the waters of this State, the same to be determined by 
reports of the State game and fish warden." 
A deputy of the State game and fish warden de- 
manded the right to superintend the fishing operations 
of the United States Commissioner of Fish and Fish- 
eries, which demand was refused, and he then seized 
and confiscated the fish in the possession of the com- 
missioner's agent and caused the arrest of Wires and 
the persons found assisting him. 
If the United States has the right which Congress 
evidently intended to confer by the legislation above 
quoted, and a deputy game warden can legally interfere 
with the exercise of that right, in the manner admitted 
in the answer filed in this case, then the Governtnent 
is entitjed to the cot|tempt which the deputy game 
warden C?^}HT5ite4 toward it. The United States cannot 
undertaJ?^ ijiy wOrk "^^pxp it is not gupreme, ^,nd % 
Government officer could not, in any legitimate func- 
tion of the Government, be under the direction and 
control of a State ofiicer. If the Federal statute by 
which it was intended to confer on the commissioner 
the right to take, or cause to be taken, in the waters 
of the lakes, such fish as in his judgment is needful 
for the proper conduct of his duties, is constitutional, 
that legislation is exclusive, and any act of any State, 
so far as it conflicts with that legislation, is void. The 
attorney general in his brief says: "The defendants 
contend that the right of complainant to so take fish 
can be exercised only pursuant to the authority granted 
to the United States Fish Commission, by the laws 
of the State of Michigan; that the power of complain- 
ant is limited and defined by those laws, and that any 
enactment of Congress contravening the .statutes of 
this State in relation to such fishing is unconstitutional 
and yoid." The act of Congress, if invalid, is so be- 
cause it conflicts with the Federal Constitution, and 
not because it contravenes the statutes of the State of 
Michigan. If it is decided that the United States has 
no right to take fish under the act of Congress, its 
propagation of food fishes must cease because it 
would be intolerable for it is to exercise any of its 
functions under the direction and control of persons 
over whom it has no authority. 
If the acts of Congress creating this department are 
void, the Government must of necessity suspend it. 
and such suspension would mean an immense loss to 
the State of Michigan, and probably a much greater 
loss to the States bordering on tide water, where shell - 
fish are propagated. The constitutionality of this legis- 
lation has not before been questioned in the courts, 
and if the laws -of the United States seeking to confer 
upon the commissioner of fish and fisheries t}ie right 
at all times to take fish needful for the conduct of his 
duty, notwithstanding contrary legislation by the State, 
is unconstituticmaU such grave consequences must flow 
from A judgment announcing it, that it seems to_ me 
not proper to pass upon that question on a preiitni- 
n^ry hearing wherf the preparation must of nec^ssi^y 
