§6 
FOREST AND STREAM. 
[Feb. 4, 1905. 
An Unintentional Pot Shot. 
While on the question of pot shots, you might as well 
put the following on record. Four of us were out rab- 
biting, with indifferent success. H. got tired of it, and 
thought he would try to walk up a bunch of quail. He 
walked along a road dividing a stubble field, and in Hear- 
ing a bunch of grass alongside of the road, a bt;nch of 
birds got up out of the grass ; he gave them the first bar- 
rel as they rose, but missed; then gave them the second, 
and saw two drop. One was dead, but the other only 
wounded. He picked up the dead bird, and, having no 
dog, ran after the wounded bird and retrieved it. Then 
he followed up the birds he had marked down in sonie 
scrub oak to try for another shot. 
About an hour afterward we came along the same place, 
when S. noticed one. of the beagles mouthing a bird in 
the bunch of grass. The grass was about a foot and a 
half high, about two yards long and one yard wide. S. 
shouted to the dog to drop it, and ran toward him. We 
both got there about the same time, and S. had taken the 
bird from the dog, saying, "Why, it's a quail." Just then 
I noticed one at my feet, and said, "Here's another." S. 
walked on a step and said, "Here's another." Just then 
W. came along and stopped and said, "Here is another," 
picking one up at the same time. Well, we picked up four 
quail in that bunch of grass; the birds were still quite 
warm, and were all lying on their breasts with wings 
spread out. 
Well, we all wondered how such a thing could have 
happened. We all had heard H. shoot twice after he'd 
been gone a short time, but no others. Just then we 
saw FI. coming up the road ; when he got to us we asked 
him if he had fired the two guns a short time before. 
;'Yes," said he. "What at?" asked S. "Quail," said H. 
Then he explained that as he walked along the road, the 
bunch of quail got up about sixty feet away, he fired the 
first barrel, but missed, "as he thought," as they got up 
out of the grass. Then he gave them the left barrel, 
knocking down two. "The one was dead, but I had a 
good run after the other one," he said, "and here they 
are," taking the two birds out of his game pocket. We 
then told him about the four we had found, and after a 
lot of talk and study we concluded that he had shot too 
low with the first barrel and killed the birds on the 
ground, and not knowing it, had went rjght on after the 
others. 
H. has been my shooting partner for the past eighteen 
. years, and we all know him to be a thorough sportsman — 
one who would not shoot a quail on the ground, I don't 
know about a duck asleep. Nevertheless I am afraid the 
name of pot-hunter will stay by him a Jong while. 
G. E, J. 
**No Shooting; Allowed" Signs. 
While the United States is quite generally dotted with 
signs nailed to posts and to trees and bearing the familiar 
warning that trespassing and shooting will not be per- 
mitted on the premises^ there is one place where similar 
signboards are seen here and there facing highways, and 
staring the pedestrian in the face are plirases that are 
marvelous in their wording. I, at least, have seen the 
like nowhere else. This is in St. Louis county, Missouri, 
near the limits of the city of that name. The boards 
bear the phrase, "Keep Out or Get Shot." The first 
board of this sort that I noticed was one facing the St. 
Charles Rock Road, a wide thoroughfare that is much 
traveled, and it struck me as the work of some disagree- 
able fellow whom small boys had annoyed by stealing 
apples until he was exasperated, and did not stop to think 
what the warning implied ; but in other walks I saw 
, numerous other signboards bearing the same words. 
Whether or not it is within, the right of a landowner 
to post his woods and fields in this odious manner, it is 
not my purpose to discuss. That such warnings go far 
toward marring" the pleasure of one's walks afield is cer- 
tain, however. One who is accustomed to go" for a long 
tramp now and then, without gun or dog, and whose 
wanderings through the woods are harmless to owner or 
land, is likely to come upon one of these boards suddenly, 
and the feeling is not a pleasant one as he involuntarily 
glances here and there, expecting to see a gun poked 
around a tree trunk. "Keep Out or Get Shot!" And 
this in free America ! Perry D. Frazer. 
Eastpoft Rod and Gun Club. 
Eastport, N. Y., Jan. 26. — Editor Forest and Stream: 
At the annual meeting of the Eastport Rod and Gun Club, 
the following officers were elected : President, George E. 
Jantzer; Vice-President, Edward Hurbison, Jr.; Secretary, 
William H. Moeller; Treasurer, A. Schwebke; Board 
of Trustees — -Frederick Ruppert, Phil. P. Zubiller, J. B. 
Ulrich ; Warden, William C. Rogers, of Eastport. This 
club was organized last February, and is limited to 
twenty-five members. They have leased an almost con- 
tinuous strip of farms from Eastport, Speonk, East 
Moriches and Manor, Long Island, comprising about 
6,000 acres. On account of the lateness of organization 
last year, they found it, impossible to purchase game for 
propagating purposes ; but had quite good shooting on 
quail and rabbits as it was. 
This year they have already set out 15 dozen quail, and 
expect to put out 50 to 100 pair cottontails, provided they 
can purchase them. They seem to be scarce and hard to 
get. There wei'e quite a number of grouse last year, and 
few killed. With a good breeding season, there ought 
to be good shooting there next fall. Our warden has 
been feeding 21 coveys with from 6 to* 15 birds in each 
left over from last fall. For a young club they are in a 
flourishing condition, with a full membership. 
G. E. J. 
The Deer^s Flag. 
I would like to refer to another mistaken idea held by 
everyone that I ever talked with on the subject of shoot- 
ing deer — and I have talked with more than a hundred. 
They all think that they know that if a deer is badly 
wounded it will mvariably drop its tail; but I know that 
there are exceptions to that. 
I know of a case of deer reasoning that certainly beats 
anvthing that Lever heard anybody else speak of. This 
deer was running from me on the big marsh in the Upper 
Peninsula of Michigan, and he had his tail as straight up 
as a mast in a sailing ship. I shot at him, and that deer 
put his tail down, apparently to cause me to think that he 
was shot, but he wasn't ; and then he commenced a course 
of reasoning that from a less confident gunner should 
have saved his life, for he appeared to be just as well 
aware of what was happening as I was. His actions indi- 
cated that he realized that it took considerable time for 
a bullet to get to where he was after the gun was fired, 
and he took steps accordingly— i. e., he did his jumping 
diagonally when his main course was straight away, and 
in that manner got 600 yards from me before a bullet 
caught him. I knew that he was not hit by the first shot 
or any of the others but the last one, and that struck 
him in the spinal column about three inches ahead of the 
root of the tail as he was on the rise, and passed through 
about sixteen inches of backbone and came out at the 
sticking place, and if his tail had been up, as it 
theoretically should have been, it would have been shot off 
or broken by the bullet. There were no marks of any 
other bullet having touched him, and under the circum- 
stances I certainly looked him well over, so as to be sure 
of it. W. A. LiNKLETTER. 
North Dakota Game Law. 
From State Game Warden Clarence A. Hale we have 
received the following abstract of the new game bill now 
before the Legislature. The measure was prepared by 
Warden Hale and a committee of the North Dakota 
Sportsmen's Association, has the indorsement of the 
Audubon Society, and probably will be enacted by the 
Legislature : 
The new law provides for the division ©f the State into two dis- 
tricts, as at present, and gives the Governor power to appoint a 
warden for each district, he to appoint deputies and special 
deputies as provided by the present law. 
the permit system is practically the same as now, resident 
permits being sold at $1 each, instead of 75 cents; non-resident 
peimits at $25 each. 
Under the present law 20 per cent, of all fees collected go to 
the htate, into the general fund; 40 per cent, to the regular deputy 
wardens, 30 per cent, to the district game warden, and 20 per 
cent, to the county auditor issuing the permits. The new law 
provides that 10 per Cent, shall go to the State, to be credited to 
a fund, known as the game and fish fund, for each district, 50 per 
cent to the regular deputies, 30 per cent, to the district game 
wardens, and 10 per cent, to the county auditors. The new fund 
created is to be used for fish and game propagation, paid on 
recommendation of the district game wardens, sanctioned at all 
times by the Governor. 
The new law gives wardens and deputies more power than the 
old m the matter of making arrests, and also gives deputies 
authority to act any place in the district, not confined to the 
county from which they were appointed, as in the present meas- 
me. Urivmg across fields, off the public highway, with hunting 
aogs and guns, will be deemed prima facie evidence that those 
so caught are violating the provisions of the act. The game sea- 
sons are the same m the new as the old law, with the exception 
that the chicken season will close Nov. 1, instead of Oct 15 
thus conforming with the Minnesota law, opening Sept. 1. 
1 he limit of the nv.mber of birds that may be shot each day is 
not changed in the new measure— twenty-five prairie chickens or 
grouse, not twenty-five each; twenty-five ducks and twenty- 
five geese is also the daily limit. 
The proposed law, in protecting wild and song birds, is much 
mere stringent, this including the destruction of nests and eggs, 
ihis portion of the bill has the indorsement of the State Audubon 
Society English sparrows red-winged blackbirds, Brewer's and 
yellow-headed blackbirds, sharp-shinned and Cooper's hawks, and 
the great horned owl are not included in the pfoteetiori givert to 
wild and song birds. 
, J/'i'^T ? system hunters' will be allowed to retain game 
killed during, the open season longer than five days, following the 
close of the season, the Minnesota, system being adopted in lieu of 
cards as heretofore. 
Non-residents of the State, who have a permit in their posses- 
sion may talce out of tlie State openly 25 chickens, 35 ducks, 35 
geese, 50 plover and 50 jacksnipe, and not to exceed four deer, 
during the open season for killing the same. The sale of all game 
is prohibited. Penalty is provided for violations, extending not 
only to the seller but to the purchaser of game. The provision 
regarding the regulations to be observed by taxidermists is very 
stringent, providing that game must be received by them in open 
season and properly tagged in close season, giving permission to 
ship specimens out of the State and receive game for mounting 
from other States. Permission is given, under certain conditions, 
to take or kill game of any kind for scientific or educational pur- 
poses, to be used in this or any other State or country. 
By making satisfactory showing to the district wardens, hunt- 
ers may bring game into this State during the closed season here, 
having the same tagged upon its arrival. 
The use of automatic shotgun is prohibited. This does not 
mean the magazine gun, or more commonly known as the pump 
gun. 
The minimum penalty for chicken or duck violation is $25. The 
old law provided a maximum penalty of $10. Violation of the 
deer regulations carries a minimum fine of $25, and in addition 
there should be added the sum of $25, in addition to the costs 
of prosecution, which shall go to the informer leading to con- 
viction of violations of the deer regulations, provided the in- 
former is not one of the district of regular deputy wardens. The 
minimum fine for beaver and otter violations is fixed at $100, which 
are at all times protected. All fines are in addition to Costs of 
prosecution. The spring shooting of ducks and geese, as here- 
tofore, is prohibited by the new measure, and on that account an 
emergency clause is attached to the new game bill. 
Legislation at Albany. 
special 'Correspondence Forest and Stream. 
Albany, N. Y., Jan. 2S.— Fewer than the usual number of fish 
and game bills have thus far made their appearance in the Legis- 
lature. As a rule, those introduced to date are of local applica- 
tion. The Senate Committee has not acted upon any of the meas- 
ures in its keeping. The Assembly Committee has reported but 
one bill favorably— that of Assemblyman Hanford (Int. No. 165), 
relative to the close season for woodcock and grouse in Tioga 
county. 
The following additional bills have been introduced in the Senate 
amending the fish and game law: 
By Senator Armstrong (Int. No. 132), being a new section, to 
be known as 20b, to provide that ducks, geese, brant and swan 
shall not be taken in Monroe county, except on Thursdays, Fri- 
days and Saturdays of each week from Sept. 15 to Dec. 1, or taken 
in the night from half an hour after sunset until daylight. 
By Senator Cobb (Int. No. 142), amending Section 48, so as to 
provide that muskallonge less than 20 inches in length shall not 
be possessed Or intentionally taken, and if taken shall, without 
avoidable injury, be returned immediately to the water where 
taken. 
Additional bills introduced in the Assembly are the following: 
By Assemblyman VVainright (Int. No. 293), amending Section 
141, relative to close season, so as to make it apply only to fish. 
By Assemblyman Cowan (Int. No. 282), amending Section lla 
so as to provide that no person shall take more than two black 
bears in the ' open season. 
By Assemblym.an Wade (Int. No. 278), amending Section 12a 
to provide that the close season for black and gray squirrels in 
Chautauqua county shall be from Dec. 1 to Oct. 15, both inclu- 
sive; also, amending Section 279 to provide that the close season 
for grouse, woodcock and quail in Chautauqua county shall be 
from Dec. 1 to Oct. 15, both inclusive. 
By Assemblyman Foster (Int. No. 262) amending Section 48, to 
provide that muskallonge le,ss than 20 inches in length shall not be 
possessed or intentionally taken, and if taken, shall be, without 
avoidable injury, immediately returned to the water where taken. 
By Asseriiblyman Gray (Int. No. 264), amending Section 41 so 
as to provide that in all waters inhabited by trout, in Dutchess 
county, the close season shall be from July 15 to March 31 both 
inclusive, ' i ,, 
By Assemblyman Gray (Int. No. 263), amending Section 12a to 
provide that the close season for black and gray squirrels in 
Dutchess county shall be from Dec. 1 to Sept. 30, both inclusive. 
By Assemblyman Gray (Int. No. 265), amending Section 259 
so as to forbid the taking through the ice with hook and line or 
tip-ups of bullheads, catfish, eels, perch and sunfish, in the 
waters of the town of North East, Dutchess county, inhabited 
by, ;trout. 
By Assemblyman Gray (Int. No. 266), amending Section 23a to 
provide that woodcock shall not be taken in Dutchess county 
from Dec. 1 to Sept. 30, both inclusive; also .amending Section 2G 
to , provide that grouse shall not be taken in Dutchess county, 
from Dec. 1 to Sept. 30, both inclusive; also amending Section 27a 
so as to strike out the provision making the close season for 
quail and woodcock in Dutchess county from Dec. 1 to Oct 15 
both inclusive. 
Club Constitution. 
For the guidance of organizers of sportsmen's clubs, we print 
this very excellent constitution, with the by-laws, of the Eastport 
Roa and Gun Club. 
Constitution. 
ARTICLE I. 
^J^^;^-^- V?'^^ organization shall be known as the Eastport Rod 
and Gun Club. 
Sec. 2. Its object shall be the preservation and propagation of 
game and game fish, and for the purpose of hunting and fishing 
m a sportsmanlike and legitimate manner, owning and leasing 
property for that purpose. 
ARTICLE II. 
Sec. 1. The club shall be limited to a membership of twenty- 
fi.ve. 
Sec. 2 All members shall sign the Constitution and By-Laws, 
winch shall be construed as an obligation and a pledge of each 
inember to abide by the same, and any amendments thereto, and 
aJso by all by-laws, rules and regulations which may exist or be 
hereafter adopted. 
Sec 3. Proposals for membership shall be made in writing, and 
signed_ by the proposing member and applicant, accompanied by 
the initiation tee. 
Sec. 4. The initiation fee shall be $10. 
__Sec.5. The officers of the club shall consist of a President, 
Vice-President, Treasurer, Secretary and three Trustees. 
Sec. 6. Seven members personallv present at a regular meeting 
shall constitute a quorum for the transaction of business. 
^ec. 7. The annual meeting of the club shall be held on the 
second Monday in January of each year. The place of meeting 
shall be determined by the President, 
Sec. 8. Special meetings of the chib shall be called by the 
president on the written request of three members 
Sec. 9. Two thirds of the members of this club shall have the 
power to change the Constitution and By-Laws at any meeting 
which has been called regularly by the president for such purpose. 
Sec. 10. Regular meetings of this club shall be held every three 
months, on the second Monday of January, April, July and Oc- 
tober of each year. 
By-Laws. 
ARTICLE L 
Officers. 
Sec. 1 The President shall preside at all meetings of this club 
and shall appoint all committee and fill pro tempore any vacancy 
in any office, and shall have general supervision over the affairs 
of the Club. 
Sec. 2. The Vice-President shall, in the absence of the Presi- 
dent, preside at all meetings of the club and perform, in his ab- 
sence, all^the duties of the President. 
Sec. 3. The Secretary shall receive all applications for member- 
ship; shall receive and turn over to the Treasurer all fees and 
dues; shall keep suitable books of accounts between himself and 
the members of the club and the Treasurer thereof. 
Sec. 4. The Treasurer shall receive and be accountable for all 
moneys paid over by the Secretary, or received from other 
sources; he shall keep suitable books of account and shall pay out 
funds of the club only on the order of the President and Secre- 
tary. 
Sec. 5. It shall be the duty of the Trustees to take charge of 
all the personal effects of the club in the absence of a special 
ccmmitteg, to take and have charge of all entertainments, and act 
as a house committee, and also act as a tribunal for the trial of 
any membef agdirtst whom charges have been brought. 
ARTICLE II, 
Sec, 1. All officers of the club shall be elected in accordance 
with the corporation laws of the State o,f New York under which 
this club is incorporated. 
ARTICLE 111. 
Members. 
Sec. 1. An appHeant for membership shall be balloted for at a 
regular meeting; one black ballot shall deny the applicant admis- 
Sec. 2, The annual dues for members shall be $10 per year, 
payable annually in advance at the regular meeting in January. 
See. 3. Members shall strictly observe the game laws of this 
State, and at all times protect the song, insectivorous and other 
innocent birds Hot classed as game birds, for the preservation of 
our forests. 
Sec. 4. A member may invite not more than two guests in any 
open season, to shoot and hunt over the preserves of this club; 
only one guest permitted to one member in any one week, and 
such guest must be accompanied by the member so inviting. 
A license fee of ,$2 per day for each guest must be paid to the 
secretary of this club by the member responsible for such guest. 
Sec, 5. Members and guests must each day record in the 
bcoks, kept for that purpose, the number of fish caught or game 
killed by them. 
Six quail and six rabbits shall constitute the limit allowed to any 
one gun on any one day's shoot on club grounds. 
No restrictions as to other game allowed by law. 
Sec. 6. , Members or guests shall replace at once all fences, 
stone walls, gates and turnstiles which may have been torn down, 
displaced or broken in hunting or in coming or going through 
fields or woods. 
See. 7. Any member or guest bringing a loaded gun into any 
part of the club house, or who shall load his gun, or shall place 
any cartridge in the magazine of his gun while in the club house 
shall pay a fine of $3. 
Sec. 8. Arty member in arrears of dues and assessments for one 
month may be suspended by the order of the President, who 
shall have full power; , but such suspension shall only take effect 
after due notice has been given in writing to the delinquent 
member and such notice mailed to his address by registered 
letter, and a receipt for same is returned. 
Sec. 9. Charges may be brought against any member for vio- 
lations of the constitution and by-laws of the club, or conduct 
prejudicial to the interest of the club, such charges must be mads 
in writing; the President may suspend such member, pending 
an investigation of the charges. 
Sec. 10. Any member against whom charges may have beerJ 
preferred as above, shall be furnished with a copy of the charges 
and shall be heard in his own defense, after not less than ten 
days' notice, before a committee consisting of the President as 
Chairman and the three Trustees, and if found guilty of the 
charges preferred, may be reprimanded, suspended for a specified 
time, or expelled from the club, as the Trial Comnmittee de.ems 
best. 
ARTICLE IV. 
Wardens. 
Sec. 1. The President and Trustees are authorized to appoint 
one or more wardens each year, whose duties shall be to notify 
all tresspassers on the premises of the acquired or leased pre- '^ 
serves of the club; protect the game and report all violations of 
the game and fish and forestry laws to the proper authorities; and 
to furnish, if possible, ample evidence of such violations, and 
CO operate with the State, county or municipal authorities, in 
every honorable way, in bringing law-breakers to justice. 
Sec. 2. The game wardens so appointed shall receive a yearly 
salary, payable annually on the first day of November of each year, 
the amount of such salary to be determined at a regular meeting 
of the club. 
ORDER OF BUSINESS. 
1. Roll Call. 
2. Reading of the Minutes of the previous meeting. 
3. Payment of Dues. 
4. Reports of Committees. 
5. Communications. 
6. Unfinished business. 
7. New bvisiness. 
8. Reports of the Treasurer and Secretary, 
9. Election of Officers. " ' 
10. Adjournment. 
