2B0 
FOREST AND /STREAM. 
'[March 19, 1904- 
The moose, too, share in this same wasteful slaughter, 
and it is a singular fact that the larger he is and the 
finer his horns the more pleasure they find in destroying 
him. 
Another thing I would like to speak of is the destruc- 
tion of caribou for the soldiers at such places as Fort 
Eagle and the posts along the Yukon. There the United 
States Government hires men to slaughter them by the 
hundred. One man I heard, and on very good authority, 
killed 129 animals in one day. Now, it seems that this 
slaughtering might be done away with, as plenty of food 
can be brought there by steamer by way of the Yukon 
River and the White Horse Railroad. 
As I told you, I am going back to Alaska this summer, 
and I will try to get the names of any people, Indians or 
whites, whom I find killing animals needlessly. 
GOUVERNEUR MORRIS PhELPS. 
Madison Grant, Esq. — Dear Sir: It is astonishing how 
so many people think Alaska is overrun with deer. In 
the first place there are very few, if any, on the main- 
land, as the wolves kill them at once. Then on the islands 
they are comparatively scarce. I never saw more than 
six in one day's hunt, and sometimes for a week I would 
not see one at all. About Wrangell Narrows there used 
to be great numbers. Now they have been largely killed 
off by the Indians for their hides, which are sold at 
twenty-five cents each. 
The deer seemed to congregate along the edge of the 
salt water in the thickest timber, and were killed by the 
thousand by the natives, who ran them down in the snow 
and cut their throats. 
One white man told me that he counted over four hun- 
dred carcasses in a short time — that is, a few hours. This 
has been stopped, as there is no longer any sale for the 
hides, but too late, as there are very few deer left. 
The deer about Juneau are a myth. Here, like all the 
rest of the mainland, there are no deer. In all the tramp- 
ing through the woods that I did I never even saw a deer 
track. 
As to^ the game law, it is absolutely useless, except that 
it prevents the exportation of any part of the animals 
killed. Most of the Alaskans, Indians or whites, do not 
even know the existence of a game law, and were very 
much astonished when I told them there was one. Any- 
way, I think they would have very little respect for it. 
GoUVERNEUR M. PhELPS. 
The statement made in Mr. Phelps' letter do not at all 
agree with the observations on Indians made by other 
travelers in other parts of the continent. The Indians of 
the western plains and mountains did not commonly kill 
wantonly nor greatly waste food. 
While they were always willing to kill, so long as there 
was any profit in the killing, and while they might de- 
stroy a thousand pound elk for a $i skin and often let 
the meat waste, it was not their practice to destroy game 
for mere pleasure. The whole practice of the older and 
the wiser men in the tribe was against such waste, and 
they constantly warned their people against it. They real- 
ized that they depended for food on the game, and usually 
they killed what they needed for present and future con- 
sumption but no more. 
On the other hand we have the testimony of more 
than one Alaska hunter that their natives did kill appar- 
ently for the mere pleasure of killing. If such an un- 
usual state of things exists in Alaska it may be attributed 
to the influence of, first, the Russian, and, later, the 
American inhabitants of the country. 
New Bf unswick Guides* Association. 
The annua:! meeting of the New Brunswick Guides' 
Association was held at Fredericton on Wednesday', 
March 2. The president, Mr. George E. Armstrong, of 
Perth, occupied the chair, and there was a large attend- 
ance of members, all important game districts of the 
Province, being represented. The president reported that 
the past season had been a very successful one for the 
guides; the number of non-resident sportsmen was 
25 per cent, greater than the previous year, and they had 
met with much better success. The guides had steady 
employment the greater part of the season, and many ot 
them already have engagements which will keep them 
busy a good part of next fall. In regard to the associa- 
tion he was glad to report that its membership was 
steadily increasing, and the chances were that before long 
every competent guide in the Province will be enrolled. 
The president was also pleased to report that during the 
season a moose had been killed in the Province with an 
antler spread of 67 inches, which, in his opinion, breaks 
all records for this continent outside of Alaska. 
The election of officers for the ensuing year resulted as 
follows : Honorary President, L. B. Knight, Chief Game 
Commissioner; President, Arthur Pringle, Miramichi; 
Vice-President, W. Harry Allen, Little River; Secretary- 
Treasurer, Robert P. Allen, Fredericton; Executive Com- 
mittee—Sydney Thomas, G. E. Armstrong, Charles 
Cremin, and the president and vice-president. Committee 
on Membership— Adam Moore, T. H. Pringle, Fred H. 
Reid. ■ J „ J 
The membership fee was reduced to two dollars, and 
the date of the annual meeting was changed to the third 
Wednesday in December. 
It was announced that arrangements had been made 
by a number of the guides to handle bear hunting and 
fishing parties during the months of May, June, and 
July, ^nd that a number of engagements had already 
been made for these months by American sportsmen. 
Satisfaction was expressed with the game law as it 
stands at present, and all were of opinion that there 
should be no increase made in the non-resident license 
fee. ... 
The members seemed to be strongly of the opinion that 
the Government should adopt more stringent rneasures 
to prevent the slaughter of deer and moose in mid- 
winter by local pot-hunters, several flagrant cases having 
l&tely been brought to their notice. 
After an informal discussion on game matters in gen- 
eral, the meeting adjourned at midnight. 
All communications for Forest and Stream tnusi he 
directed to Forest and Stream Pub. Co., New York, to 
receive attention. We have no other office. 
To his G«ide.* 
Quite graleful for the bounty there, 
Provided by their hostess fair, 
Her welcome at the eventide, 
And parting speed ere morning's ride, 
Sportsman and guide left Maple View, 
In sight of Tobique's waters blue. 
How oft recalled, the faithful team, 
The traveled way, the river's gleam, 
The ford, the halt on further shore; 
The portage — twenty miles or more, 
By rock and flood, through woodland brake. 
O'er mountain range to Trouser's Lake. 
Here virgin forests stately grew. 
The haunt of moose and caribou, 
And then at length in greenwood's glade, 
Sportsman and guide their rude camp made; 
There happy hours — too quickly gone— 
Suggest the day a moose was won. 
That morn they looked the landscape o'er 
From wooded island's bush-clad shore, 
'Neath cloudy skies, o'er waters dark. 
The while a quarry failed to mark. 
They thought perhaps their calls at dawn, 
(The life-like lows from birch bark horn). 
Might fall, within the forest near. 
Upon a moose's listening ear, 
And the roused stag no longer shy, 
Boldly come forth with answering cry. 
"Hark! Do I hear the looked-for sound?" 
Exclaimed his guide, while turning round; 
"A moose I see! Look, yonder, there! 
Watch as I point and you'll see where!" 
"Already glorying in his prize. 
Measured his antlers with his eyes." 
The sportsman glanced beyond the wood, 
On wat'ry point the quarry stood, 
Now still and like a statue there, 
A noble beast, superb and fair, 
" 'Tis not so large as some I've seen," 
Whispered his guide; " 'Twould do, I ween." 
(As now along the lake they flew, 
In swiftly gliding birch canoe), 
"Take pains and point your rifle right, 
(Two hundred yards!) Adjust its sight. 
Steady your aim and feel at ease, 
Hold low! The trigger gently squeeze'" 
The watchful sportsman gave full heed, 
Leveled his piece, now drew a bead; 
And as the dark stag tossed its head. 
Swift to its life the missile sped; 
In vain it strove, a hummock near. 
With pawing hoof the knoll to clear; 
Then, rearing, threw its muzzle high; 
Next, with a crash, they saw it lie 
Just on the marge, where mosses green 
Formed bier— more gorgeous never seen! 
The shallop beached, they gained the strand 
And o'er the quarry hand in hand. 
By lakeside and the forest there, 
'Mid autumn foliage rich and rare. 
With heart elate now stooped to touch 
The game they coveted so much. 
The moose magnificent outspread. 
The long lithe limbs, the antlered head. 
And graceful form with coal black sheen, 
Made picture fair for sportsmen's een. 
That day is past, but trophied shield 
Remembrance of the scene doth yield. 
Time hath not made the legend there 
On carven plate a jot less fair; 
E'en muzzle broad and pendant gland, 
With neck and mane appear as grand 
As when the monarch nobly bore 
His crowned head on laky shore. 
Though larger horns may grace his wall, 
And ornament the sportsman's hall. 
No antlered prizef he'll deem so good 
As that which fell beyond the wood. 
* * * * * * 
Glad greetings go with friendly lay 
To all who try the forest way! 
May mem'ry green good luck recall 
And trophies won adorn thy hall ! 
William Dehon King. 
- *Alexander Ogilvy, Jr., South Tilley, Victoria County, New 
Brunswick, Canada. 
tThe antlered prize was the sportsman's first moose. 
j^-ote.— The horns of the moose referred to above, spread 29 
inches "and the entire head is a very beautiful one. Two days after 
this moose hunt, which occurred Sept. 22, 1902, the sportsman, in 
company with his excellent guide, Alexander Ogilvy, Jr., of 
South Tilley, N. B., had the further good fortune to shoot a large 
caribou. A ' single shot was fired across a lake with a .45-70 
Winchester rifle (black powder shell), sighted for 300 yards. The 
bullet pierced the animal's spinal column and brought it to 
earth. The antlers, which spread 27 inches, measure in length 
respectively 36 and 37 inches from hair to tip. W. D. K. 
Shooting from the Highway. 
From the Pioneer Press, St. Paul, Minn., March 6. 
Ole Johnson persists each year during the open hunt- 
ing season in "camping down" in the road which runs 
across the Lamprey preserves, near Forest Lake, and 
shooting the game birds when and where he can get a 
shot. 
Mr. Lamprey finally brought a suit, asking the court 
for an injunction forbidding Johnson from his pot-hunt- 
ing, and to the complaint in the case Johnson de- 
murred, saying that he was on a public highway, and 
could not be doing any damage to Mr. Lamprey by 
his shooting, inasmuch as Mr. Lamprey did not own 
the birds, which were wild. 
Judge Lewis to-day filed an order overruling the de- 
murrer and granting leave to the defendant Johnson to 
file an answer. 
The case must be a novel one, for neither court nor 
council could find precedents applicable to the facts. 
Judge Lewis' memoradum is, in effect, a piece of 
sporting literature, which will be read carefully by all 
the hunters in Minnesota and adjoining States, 'as il; . 
discusses, more especially the situation in popular, 
rather than in technical language. The judge says: 
"Plaintiff is the owner in fee of a large tract of land 
lying in one body, and containing more than 1,300 
acres, in the counties of Washington and Anoka, in this 
State. 
"There are many private lakes and waters upon this 
land, and also two large bodies of water of about 600 
acres in extent, which produce and furnish large quan- 
tities of wild rice and food for aquatic fowl. None of 
these waters are meandered, but all were actually sur- 
veyed, sold and patented as Government lands. Over 
certain of these grounds and waters many wild ducks 
and water-fowl regularly pass in their flight, and these 
locations furnish sportsmen with many opportunities 
and privileges of shooting during the open season. 
"Plaintifif acquired these premises as a game preserve, 
and for the purpose of possessing and enjoying the ad- 
vantages of pass-shooting, and to this use these prem- 
ises are especially adapted by nature; and to this end 
plaintiff has expended some $20,000 in the erection of 
suitable buildings and. accommodations, and the only 
substantial value of the premises consists in the main- 
tenance and enjoyment of the pass-hunting privileges 
thereon. During certain seasons of the year, wild duck 
and water-fowl congregate in and upon these waters 
and make them their natural resting and feeding places, 
and in their flight back and forth over certain locations 
furnish opportunities to hunters of marksmanship called 
pass-shooting, the pleasures and benefits of which are 
generally considered of great value, in this case ad- 
mittedly greater than $50,000. 
"A public wagon-way or road runs through the 
tract, which, though never dedicated or condemned 
for such use, has to some extent been appropriated by 
the public for travel, for many years, without objection 
on part of plaintiff, who is the owner of the fee in the 
adjoining lands. 
"The wild game before referred to, in their flight to 
and from the waters on these premises, frequently pass 
across the highway at certain points, and defendant, 
against the express wish of plaintiff, for a long time in 
the past during the open seasons has been in the habit 
, of going upon the highway at this point and shooting 
at the ducks and fowl passing in their flight. This 
shooting frightens away from plaintiff's premises the 
ducks and water fowl thereon, and deprives plaintiff of 
shooting privileges and interferes with the enjoyment 
of the premises. 
"Upon these admitted facts, is plaintiff entitled to re- 
lief against defendant by injunction? 
"The answer to this question involves two proposi- 
tions: 
"First — What are the rights of a person making use 
of a public highway for shooting privileges? 
"Second — What peculiar loss or injury does plaintiff 
suffer as a consequence of such use? 
"Plaintiff is the owner of the land intersected by this 
roadway, which has become a public highway by use, 
and not by virtue of any statutory proceedings. Plain- 
tiff is the absolute owner of the soil therein, subject 
only to the right of passage in the public and the in- 
cidental right to fit it for such use. 
"Subject to this easement, plaintiff can enjoy and ex- 
ercise all the usual rights and remedies of the owner 
of a freehold. As Justice Foster well says in 10 Burr. 
122: I 
"'The owner of the soil has the right to all above 
and under the ground, except only the right of passage 
by the king and his people.' 
"This principle excludes defendant from any use of 
the road at this point, except for the purpose of pas- 
sage and the rights incidental thereto. 
"The admitted facts in this case clearly show that 
defendant does not use this highway principally for 
passage, but does use it primarily for a shooting ground. 
"This is not the case of a boy or man who takes his 
gun and walks into the country for recreation and oc- 
casionally gets a shot at game while walking along the 
highway. On the contrary, defendant, during the open 
season of every year, willfully and regularly goes upon 
certain portions of the highway wholly within the 
limits of plaintiff's preserve, and with full knowledge 
of the large investment made therein by plaintiff, and 
of all the surrounding conditions, and of the conse- 
quences of his action, defendant insists upon the right 
to use the higway at that point as a shooting ground, 
and persistently shoots at all game birds passing over 
the road in their flight to and from the waters upon 
plaintiff's land, and by this conduct frightens and drives 
away from plaintiff's land and waters the wildfowl, and 
thus destroys the pass-shooting thereon, and the value 
of the grounds for pass-shooting privileges. 
"It needs no more than a statement of these facts 
to convince even the layman that defendant, in per- 
sisting in such conduct, contrary to the express wish of 
plaintiff, is making use of the highway at this particular 
point on plaintiff's land primarily for a shooting ground, 
and not for the purpose of travel. Such use is not con- 
ferred upon the public by the mere easement to use the 
road for public travel. 
