Forest and Stream. 
A Weekly Journal of the Rod and Gun. 
Rod and 
Copyright, 1904, by Forest and Strbah Publishing Co. 
Terms, $4 a Year. 10 Cts. a Copy. 1 
Six Months, $2. f 
NEW YORK, SATURDAY, NOVEMBER 6, 1904. 
j VOL. LXIII— No. 19. 
1 No. 846 Broadway, Nbw York. 
MONOLOGUES OF KIAH. 
In a tent, pitched in a beautiful nook of the wildwoods, 
five men, comfortably curled up in their bunks about II 
o'clock at night, were sweetly passing away into dream- 
land, when Hezekiah Bellowson, one of the number, and 
complaisantly voluble, began his nightly monologue as 
follows : 
"Say, fellows, don't you think this election has more 
isms than any other election that you ever saw or heard 
of, and that it's about the most important thing that 
ever was? What I don't understand is that each ism is 
different from every other kind of ism, and what flabber- 
gasts me is that every ism, when a fellow studies it up, 
seems to be all right. Are you fellows all asleep? 'Shut 
up!' you say. 'Shut up, Kiah !' and 'Cut it out, Kiah .!' 
seems to be about all the conversation that you fellows 
have for Hezekiah Bellowson. Kiah don't shut up to- 
night, nor any other night, for nobody nor nothing, if the 
court knows herself, and the court thinks it does. Here it 
is time to elect a President of these great and glorious 
United States which made the American eagle famous in 
the emblem business, and all that you fellows seem 
to live for is fishing and eating and sleeping and prattling 
about fish and flies and bait and bugs, and saying 'Shut 
up, Kiah !' I'd like to have you understand that this is_ 
the time of the year when every true American citizen 
must speak out in clarion tones for principle's sake, know- 
ing that he has the right of free speech at all times and 
everywhere, and which is according to the Constitution 
of the United States, sealed with the blood of our dear 
forefathers, most of whom were in Europe at that time, 
and which guarantees forever that the right of free 
speech of the citizens of this free land shall never be 
impugned. When our best men, our thinkers and 
patriotic statesmen, every four years find that the Union 
is foundering and floundering, the least that we can do as 
patriotic citizens is to have numerous heart to heart talks 
over the matter and find out whether the ship of State 
has been scuttled or naturally has sprung a leak or is 
under full sail pointing for a rock. According to my way 
of thinking, that's about what these isms mean, though 
they don't say it quite that way ; but I tell you it's a puz- 
zler in my mind where all these isms come from. Who 
makes the isms, or do they come up sort of naturally 
like? After all, I suppose that some wise chap thinks 
them out for millions of people and that such good think- 
ing is its own reward; or perhaps the horny-handed sons 
of toil or velvet-handed sons of leisure discover them 
by instinct, and then tip the wink to the rest to shout it 
out. I was talking to my wife about the dangerous state 
the country was in on account of capital and labor being 
blind to the truth that their interests were the same, if 
they could see without being blind ; and she allows as how 
capital and labor are one big family with interests which 
are just alike; and she's right; for their interests are just 
precisely alike if I know anything, about it, for capital is 
interested in getting all it can for the least money and 
labor is interested in getting the most money it can for 
its walking delegates, which are captains of industry. 
'Shut up, Kiah!' 'Cut it out, Kiah!' Get a tune to that 
and sing it, for I do believe that you fellows are just 
about mean enough to prefer it to the 'Star Spangled 
Banner' or 'Dixie.' If one of you had been a forefather, 
I'd bet my last dollar that there wouldn't have been any 
freedom of speech in the Constitution of these United 
States unless the subject was about some old trout or 
bass-rod, or the biggest, fish that ever was caught if it 
hadn't cut the line with a stroke of its tail and faded 
away. You are the kind that help to build up a language. 
You brought in a word that is in common use. When 
a man hears a statement and says that it is 'fishy,' he 
owes you a debt for a useful word, the meaning of which 
is known even by the illiterates, and that reminds me 
of the election on which you fellows seem to have no 
more interest than a gargoyle. I suppose you are that 
very important class called the silent vote, the sleeping- 
power that decides the election and saves the country 
for a period of four years, for that is the limit of safety, 
blocks of four. No, I won't be still till I get good and 
ready, now. If you'd asked politely, I'd have waved my 
privilege as a freeman and a free speaker to oblige you 
for friendship sake, even at the cost of my patriotic emo- 
tions, which are just the same kind that our forefathers 
had when they fired the shot which was heard clear 
around the world, not forgetting the respect due^ to a 
long shot with the long bow. Well, if you're all going to 
raise a riot about it, I suppose I must stop ; but I do it 
without any prejudice to my immortal and glorious 
rights as an American citizen whose forefathers fought 
and fished— and I don't care a hang if you do hope I 
choke. Perhaps the country is safe, anyhow, for the ship 
of State has weathered every storm of the great elections 
since all men were born equal and the freedom of speech 
was guaranteed to the proud or the humble man, re- 
gardless of sex, condition or occupation. So I'm going 
to sleep, fellows. So good night." 
The action of the Supreme Court thus establishes the 
integrity of the Illinois non-resident license law, even to 
the extent of prohibiting the non-resident members of a 
club owning a game preserve from shooting on their own 
lands without a license. 
A NON-RESIDENT LICENSE CASE. 
We print in - our shooting columns the text of the 
opinion handed down by the October term of the Illinois 
Supreme Court in a hunter's license case. Attention is 
called to the opinion because it deals with a question 
which is constantly raised, namely, the constitutionality 
of the law which discriminates to the disadvantage of the 
non-resident, and deprives him of rights which he 
assumes to possess. 
Some of the conditions attending this case were con- 
sidered by the appellant to be strongly in his favor. He 
was a member of a shooting club which owned the land 
upon which the shooting had been done ; and the conten- 
tion in his behalf was that as a land owner he was en- 
titled to shoot without a non-resident license under the 
proviso of the act which prescribes that "the owner or 
owners of farm land, their children or tenants, shall 
have the right to hunt and kill game on the farm lands 
of which he or they are bona fide owners or tenants 
* * * without procuring such resident license." The 
court overruled this contention, however, on two grounds. 
A stockholder in a corporation possessing real estate, it 
holds, is not a land owner within the meaning of the 
act; he is only the holder of shares of stock, which are 
personal property rather than realty, and the possession 
of which gives the holder nothing of the character of 
a real estate holder. And the second ground was that 
the property of the club, being preserved and used as a 
shooting territory, was not farm land; and only farm 
land was specified in the clause of exemption. 
Another provision of the Illinois law is that nothing 
in the act "shall apply to persons hunting on the land of 
another person by invitation of such land owner." In 
an endeavor to avail themselves of the privileges ac- 
corded by this provision, the members of the shooting 
club, to which the appellant belonged, and which was 
the owner in fee simple of its shooting territory, had 
adopted a formal resolution inviting each member and 
stockholder to visit the club grounds and shoot, as in- 
vited guests of the club. But the court held that this pro- 
vision was not limited to section 25 relative to non- 
resident shooters, but applied to the entire act; and if 
held to be valid, would nullify the entire statute as to 
modes and seasons. In accordance with the rule of 
construction of statute, that "a saving clause must be 
rejected when it is directly repugnant to the purview or 
body of the act, and cannot stand without rendering the 
. act unconstitutional and destructive of itself," the court 
ruled that the clause must be held invalid ; and did not 
constitute a defense for the appellant's act. 
So much for the special circumstances of the case. 
The broad questions involved in this, as in all non- 
resident shooting license laws, were as to whether the 
statute was unconstitutional because violative of section 
2 of article 4 of the Constitution of the United States, 
which declares that "the citizens of each State shall be 
entitled to all privileges and immunities of citizens in the 
several States;" or of section 1 of the Fifteenth Amend- 
ment, that no State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of 
the United States," etc.; or of the section which gives 
Congress the exclusive power to regulate commerce 
among the several States. As to these points, the court 
held that while the question of constitutionality was not 
properly before it for decision, "an examination of these 
several objections to the validity of the statute will lead 
to the conclusion that neither of them can be sustained; 
and we are clearly of the opinion that the trial court 
ruled properly in holding the statute valid." 
THE WILD DUCK IN POLITICS. 
The wild duck supplies a burning political issue for 
Long Island this year. Adherents of all political parties 
are united on this one question. With practical unanimity 
they demand a repeal of the present law, which forbids 
the shooting of ducks between January 1 and September 
30, and ask for the restoration of spring shooting. The 
cluck question transcends every other; one may readily 
perceive this by going among the South Siders and 
noting the all-absorbing topic of conversation. 
There is on Long Island a large class of baymen whose ,, 
mode of livelihood has been developed from the duck 
shooting conditions formerly prevailing there. They get 
their living from the water, and before the enactment of 
the present law an important part came from the patron- 
age of city duck hunters whho resorted to the island in 
the spring months. The amount of money a bayman 
handles in the course of the year is not large, measured 
even by the most modest standards, and that share of it 
which was contributed by the sportsmen for board and 
boats and guides and ducks was in corresponding degree 
an important part of the whole. When the law against 
spring shooting went into operation, it cut off just so, 
much ducking revenue, and the loss has been severely 
felt. Resentment is intense. It was inevitable that the 
Long Island baymen should make the duck shooting 
question the leading political issue of the year, and should . 
weigh the merits of candidates with an eye to their atti-: 
tude on this subject; or, to speak more accurately, with 
a consideration of the respective ability of the several , 
candidates to secure what Long Island demands in the 
way of ducking legislation. Both candidates for the 
Senate, Republican and Democratic, have declared them- 
selves as sound on the duck question. Senator Edwin : 
Bailey, Jr., who is seeking re-election on the Democratic 
ticket, has a record of strenuous opposition to the Brown . 
bill in the Senate last winter, and his friends claim for 
him that he did all that anyone could have done to secure 
from Long ; Island exemption from the obnoxious meas- 
ure. His failure is ascribed to the fact that he was of 
the minority party in the Legislature ; and his plea for 
re-election as an advocate of the duckers' rights is based 
upon an assumption that, the coming Legislature will be 
Democratic, under which conditions it will be possible for 
him to carry his point. For Carll S. Burr, Jr., who is 
the Republican candidate for the Senate, it is urged, on 
the contrary, that the Legislature will again be Republi- 
can, and that it will be absolutely essential that Long 
Island should be represented by a Republican, who, hav- 
ing a majority behind him, could accomplish what Sena- 
tor Bailey was powerless to do in the late session, and, 
under the Burr assumption, would be powerless to do 
this winter. 
The city of Detroit has added to its handsome park 
system a large" aquarium, built and equipped at a cost of 
$164,000. The enterprise was prompted by a visit of 
Representative . David E. Heinman to the Naples 
aquarium, seeing which he conceived the idea that such 
an institution would be a valuable addition to the park 
attractions of his native city; and it was due to his efforts 
in the Legislature that the city was authorized to issue 
bonds for the purpose. The design was chosen by com- 
petition, under the guidance of a select committee of ex- 
perts., so that the building embodies the most modern 
and perfect ; aquarium features as to arrangement and 
equipment. In size it is the third largest in the world. 
Provision has been made for both fresh and salt-water 
fishes; the salt water supply, 30,000 gallons, having been 
transported in tank cars from Wood's Holl, Mass. This 
water can be used over and over again for years. 
6* 
One cannot help reflecting that Admiral Rojestvensky 
would be a most exhilarating companion to go shooting 
with in the brush. He would very likely see things, and 
in that event he would surely make it interesting for the. 
rest of the party. 
