Feb. II, igos.] 
FOREST AND STREAM. 
118 
_ The distinction between such a proliibitioh aiid on@ 
involving the protection of game alone, is obviotiS. 
Now, if the President will go one step further than 
he did in his former message, and request it, or if 
Congress will take the step without such request, and 
put not only the forest reserves, but al! public lands 
under similar control and regulations, and require a.11 
United States marshals, timber agents and forest offi- 
cers to enforce the regulations (and see that they do 
enforce them), it will go far toward solving the ques- 
tion of game protection on all such lands, and will, 
as stated in my former letter, furnish almost perfect 
protection to the big game of the West, the great 
majority of which ranges the entire year on public 
landSi but on fore;st reserves only in the summer 
season. 
As to attempted Federal protection of ganie oh pri- 
vate lands, because it may happen to be migratory, as 
contemplated by the Shiras bill, in my opinion it is 
clearly an invasion of State rights, no matter how 
desirable it might be. 
That the game within the State, on land or water, 
although its presence there is transitory, is neverthe- 
less the property of the State in which it for the time 
being is, has been too long settled by judicial decision 
to admit of question, and any effort to interfere with 
this property by Federal legislation based solely on 
game jjrotectidn will suffely prove rtugatofyi 
I have read all the letters from game wafdeiiS Slid 
other game protectionists that have appeared in your 
paper favoring the passage of the Shiras bill, some of 
them declaring that no sportsman will ever fight it if 
passed, although of doubtful validity. 
The passage of invalid game laws at the instance of 
enthusiasts in game protection who often leave out 
of the question, or ignore, the constitutional limita- 
tions on legislative power (such as is popularly de- 
nominated "one-eyed legislation"), has been one of 
the greatest obstacles to efficient laws and their rigor- 
ous enforcement. 
Numerous cases have been prosecuted under such 
invalid laws, resulting invariably in the defeat of the 
game authorities and the success of the violators in 
retaining possession of the game in question, and 
sometimes in mulcting the prosecutors in heavy 
damages and costs; the remoter consequences being 
fear on the part of game wardens generally to prose- 
cute under invalid laws, and corresponding encourage- 
ment of violators to continue to transgress all laws.^ 
It is quite true, as stated, that real sportsmen will 
not fight this bill even if of doubtful validity, but such 
sportsmen are not law violators. 
The meat hunters and game dealers, however, 
whom game laws are especially intended to restrain, 
will fight it to the bitter end, and if enacted and found 
not to be valid, it will fall. 
Therefore it seems to me unwise in the extreme to 
favor the passage of any game law which has nothing 
but enthusiasm and necessity for its foundation, ana 
the final overthrow of which will result only in weak- 
ening the cause of game protection. 
Representative Lacey is also the author of the act 
regulating interstate commerce in game, and is well 
posted in the legal relations between the States and 
the United States, and can, no doubt, be induced to 
f^„„,, j^j^^ introduce a bill on the lines I have 
indicated. 
AS to federal protection of birds, migratory and 
otherwise, it is quite probable that it can be lawfully 
extended to all inland navigable waters and public 
waters along the coast, by prohibiting shooting 
thereon (under the guise of enhancing the safety of 
navigation or something of that kind), except under 
regulations promulgated by the Secretary of the 
Department having control of such waters. 
D. C. Beaman. 
State of New Jersey 
Fish AND Game Commissioners. 
Long Branch, N. J., Feb. i.— Editor Forest and 
Stream: I am heartily in favor of the movement to place 
mi'gY-atory fowl under the protection of the Government. 
While it may work a hardship in some localities, it is 
decidedly the best thing to do, and will be the means un- 
doubtedly of preserving the remnant of game that we now 
have. The difficulty with most States is that the members 
of the Legislature, in order to please individual con- 
stituents, are constantly tampering with the laws and pos- 
sessing enough political influence to have their measures 
'passefd through, and from time to time placed upon the 
■•statme book laws in the different States entirely at 
Variance with each other, and absolutely vicious so far as 
protection goes. Now, with the Government in charge, 
they would make one unifonri rule to go by, and the birds 
would receive proper protection in every State of the 
Union. I quite agree with everything stated in your edi- 
torial of Decernber lo, and I sincerely trust that all who 
are interested in the subject will make it their business to 
advocate the passage of the law. Benj. P. Morris. 
Quebec Game Statistics* 
Aylmer, East Quebec. Canada, Jan. 26.— Editor Forest 
and Stream: The following are the numbers of deer, 
moose and caribou shipped during open season, October 
and November, 1904. in the counties of Ottawa and 
Fontiac, as far as reported from stations on the Canadian 
Pacific Railway. Province of Quebec: 
Kipawa. 30 moose: Temiskaming, 22 moose; Grand Pdes, from 
St. Maurice, 3 moose, 1 caribou; Montebel o <4 deer; Po;n e-au- 
Chene, 34 deer; Papineauville, 190 deer; North Nation MilU, 12 
■deer; ihurso, 8 deer; Buckingham. 35 deer; Hull, 42 deer, lotal 
:391 deer, 55 moose and 1 caribou. 
Labelle Division, C. P. R.-Peer: St. Jovite 22; Mont Trem- 
!blant, 15; Annonciation, 13; Labelle, 50; Nommmgue, 128; total, 
■^"Gatineau Branch. C. P. R,-Decr: Wakefield 6; North Wake- 
field G- Low, 12; Venosta, S; Kazabazua, 124; Gracefield, 138, 
Maniwaki, 9; total, 303 deer; Maniwaki 4 moose_. 
Pontiac' Branch C. P. R.-Shawville 88 deer ; Campbells Bay, 14 
deer; Coulonge, 37 deer; Waltham, 4 deer, 3 moose. Total 143 
'^Eastern' Towu.hips.-Deer; Megantic station, 14S; Scotstown, 
■122. Total 270. ' ., 
Tota' rcT l.f,39- raoose, caribou, 1. 
■ ■ ' ■ ■ N. E. CORMIER. 
Provincial'Game Warden and Fishery Overseer.- 
Adirondack Animals. 
By courtesy of Mf. John D. Whish. secretary of tlie 
i^orest, Fish and Gartle Cofflrtlission, we are permitted 
to publish from advance sheets the following para- 
graphs of his report to Commissioner D. C. Middleton: 
In presenting the compiJation showing the condition 
of the more important wild animals of the woods, it 
is a satisfaction to note again the fact that, under the 
prevailing laws, there is a continuation of conditions 
satisfactory to the great mass of sportsmen. Recent 
evidence to this effect was given at the annual meeting 
of thc_ Black River Fish and Game Protective Associa- 
tion, in December, when the secretary, Mr. W. E. 
Wolcott, said in his report: 
Men who are familiar with the Adirondack region, 
and have had long experience in deer hunting agree 
that since jacking and houndine were abolished there 
has been a marked increase in the number of cervine 
animals; and that, notwithstanding the fact that the 
ranks of the hunters have been receiving large ac- 
cessions annually, there are more deer in the woods 
now than there were twenty years ago. 
There is, however, no question that the hunters had 
a poor season in the Adirondacks as well as in the 
Maine woods in 1904. The leaves were late in falling, 
there was little rain or snow to wet them down or 
cover them after the trees and brush were bare, and, 
altogether, natural conditions did not favor o-ood shoot- 
ing. It is also a fact that many sportsmen were de- 
tained from their annual pastime by their interest in the 
political work of the campaign, and did not spend the 
usual number of days in the deer forest. Neverthe- 
less the reports of shipments made from various 
Adirondack points by the American and National Ex- 
press Companies show that the hunters had fairly good 
luck in spite of unusual disadvantages. The returns 
for the past five seasons are as follows: 
The AoBoal Kill. 
Year. Carcasses. Saddles. Heads. 
1900 1,020 89 95 
J 901 1,062 103 121 
1902 1,354 113 193 
1903 1,961 14s 188 
1904 ■. 1,618 124 152 
From this table it appears that those who predicted 
that the aggregate number of deer killed during the 
past season would prove to be considerably smaller 
than the number killed during the open season for 
several years past were mistaken in their judgment. 
iUe figures show that the hunters procured a greater 
number of deer in 1904 than they did in any previous 
season except that of 1903, which shows an unusual 
increase, and which was noted at the time. 
Attention is also called to the gratifying results of 
the investigation made by your order as to the mor- 
tality among the deer, the published reports of which 
were at one time so alarming. Undoubtedly a number 
of deer died in the Adirondacks and on Long Island 
last spring, from causes which were not generally under- 
stood; but it will be highly satisfactory to sportsmen to 
know 'lal t' ere was no g'^neral epidemic in the forest 
and that there was no widespread destruction among 
the herds of deer. The investigation shows that these 
deaths occurred in well defined localities and from 
natural causes. 
Efc a^d Moose. 
Reports indicate that the number of wild elk in the 
Adirondacks has increased steadily since the first herd 
of twenty-two was liberated in June, 1901. The animals 
are so widely distributed through the Adirondack 
counties, and have so separated into small bands that 
it is no longer possible to state accurately their num- 
ber. It is estimated, however, after making allowance 
for probable fatalities that there are no less than 200 
elk now in the woods. The animals appear to winter 
v-el], and the experiment of re-introducing elk into the 
wooas is, no doubt, a success. During the last session 
of the Legislature an act was passed giving the Com- 
mission authority to acquire live elk by gift as well as 
by purchase. As no appropriation is available, dona- 
tions of elk to the State would prove highly acceptable, 
if only for the purpose of infusing new blood into the 
present herds. 
Owing to the lack of an appropriation, it has not 
been possible to procure additional moose. The friends 
of the movement to restore this animal to the Adiron- 
dacks insist that not enough moose have been pur- 
chased and liberated to make the experiment a fair 
one. They point to the success which has attended the 
introduction of elk as an evidence of what might be 
done if sufficient number of moose could be set at 
liberty. 
The B'ack Bear. 
Sportsmen, headed by Mr. H. V. Radford, of New 
York, last winter secured the passage of an act which 
gave the black bear legal recognition as a game animal 
for the first time in the history of the State. Under 
this law the bear is protected during the months of 
July, August and September, the time when its pelt 
is without value. The law also provides for the filing 
of a report with the commission by each hunter killing 
a bear, so as to show the place and date and the sex 
and weight. 
The reports received by the commission from the 
time the law went into effect (May 9) to Dec. 31, are 
shown in the following summary by counties: Cat- 
taraugus 3, Clinton 5, Delaware i, Essex 27, Franklin i, 
Fulton 4, Greene 18, Hamilton 7, Herkimer 8, Lewis 3, 
St. Lawrence 6, Ulster 19, Warren 4; total. 106. 
The greatest weight record was that of a male bear 
shot in Cattaraugus county by F. E. Morrison, of 
Tunesassa. It was 428 pounds. Four other bears 
reached or exceeded a weight of 400 pounds. Seven 
were given as weighing between 300 and 400 pounds; 
nineteen between 200 and 300 pounds, and twenty-eight 
from 100 to 200 pounds. Seventeen were recorded as 
weighing less than 100 pounds, three of which were 
cubs weighing but ten pounds apiece. The weights of 
■ thirty of- the 'bears reported killed were not given. 
It is not probable that the above records include the 
entire number of bears killed in the State during the 
time specified. The Hon. Charles C. Coutant, member 
of Assembly from Ulster county, declares that fully 
fifty bears were taken in his county during 1904. If 
this be true more than one-half were not reported to 
the commission. While the law enacted by the last 
Legislature providing for a close season on bruin re- 
quires that "Whosoever shall kill or take a black bear 
shall within sixty days file with the Forest, Fish and 
Game Commission a record of the date such black 
bear was killed or taken, the place where killed or 
taken, together with the sex and approximate weight 
of said bear," through a technical mistake the penalty 
of $25 for failure to so report was dropped out when 
the act became effective, so that at present the com- 
mission is unable to effectually enforce the require- 
ment. It is presumed that the Legislature of 1905 will 
supply the omission. 
In Essex county, where a bounty is paid on bears 
killed, the Hon. C. C. Whitney, county treasurer, re- 
ports that the total number of bounties paid during 
1904 was thirty-nine. 
Beaver and Otter. 
With the appropriation of $500 made by the last 
Legislature for the purchase of beaver, which Mr. 
Radford and other sportsmen hope to restore to the 
Adirondacks, the commission has been able to pur- 
chase three pairs of these interesting animals and an 
additional male. The beaver were taken to Old Forge 
late in December, and ordered kept there at the State 
hatchery through the winter, as it was not deemed ad- 
visable to liberate them until spring. The Adirondack 
guides are taking great interest in this experiment, and 
it is hoped that in time colonies of beaver will again 
be found in many parts of the forest. 
The last Legislature also enacted a law forbidding 
the taking of any otter prior to Oct. i, 1906. This 
action on behalf of a rare and valuable animal indi- 
cates the awakening interest of the people in the more 
important fur-bearing animals of the State. To preserve, 
to perpetuate and to restore is every year becoming 
more and more the wise policy of the State as its 
citizens come more fully to understand and appreciate 
the important position which game and forest conser- 
vation hold toward the health, happiness and prosperity 
of the Commonwealth. John D. Whish, Sec'y. 
Four carcasses of dead deer from the Adirondacks 
were sent to the Bender Hygienic Laboratory at 
Albany, where they were studied by Richard M. Pearce. 
The result of the investigation as given by him follows: 
Death did not result from an acute bacterial in- 
fection as a careful bacteriological examination of each 
animal was negative. The suggestion in regard to 
foot-and-mouth disease has not been confirmed. No 
lesions of turberculosis existed. 
The constant and prominent features are (i) _ ex- 
treme emaciation, and (2) fluke disease of the liver. 
The first, indicative of malnutrition, points to starva- 
tion as the cause of death. Opposed to this, however, 
we have the knowledge that in each animal, the stomach 
and intestines contained, respectively, a comparatively 
large amount of food and faeces. If death was due 
to starvation, we must assume that the materia! eaten 
possessed insufficient nutritive value. It is to be re- 
gretted that a more thorough examination of this ma- 
terial was not made. The whole twigs examined ap- 
pear to be hemlock and spruce. 
From the evidence of guides, hunters and others it 
is evident that fluke disease of the deer is a common, 
if not constant condition, and that this lesion alone is 
apparently insufficient to account for death. On the 
other hand it is possible that this infection with the 
great degree of blood destruction accompanying it, 
might in connection with the insufficient food supply 
of winter, lead to considerable fatality. Histological 
examination of the liver of each animal shows marked 
chronic inflammation, while the spleen of each exhibits 
evidence of extensive blood destruction. I am, there- 
fore, strongly of the opinion that these two factors — 
poor food supply and fluke disease — are responsible 
for the death of these animals. In regard to this pos- 
sibility I wrote to Dr. Chas. Wardell Stiles, Consulting 
Zoologist of the Bureau of Animal Industry, Washing- 
ton, D. C., giving him complete data of the situation. 
In his reply. Dr. Stiles says: "Several outbreaks of 
liver fluke disease in deer have been reported and, if 
the infection is severe, I think it very possible that 
that parasite is responsible for the trouble you are in- 
vestigating." . ^ • ■ A 
1 regret that after exhausting every promising method 
of investigation I cannot come to a more definite con- 
clusion. Richard M. Pearce. 
Dr. Ward's Findings. 
June 5, 1904.— Hon. DeWitt C. Middleton, Forest, 
Fish and- Game Commissioner: My Dear Sir — To ac- 
company Dr. Pearce's report on the autopsies of four 
deer which died in the Moose River region, during the 
past spring, I have been requested by Colonel Fox, the 
Superintendent of Forests, to add some remarks of a 
genera! character. . 
Almost every spring reports come from some portion 
of the North Woods that an unusual number of deer 
have died. These reports spread rapidly, are usually 
greatly exaggerated as they pass from one reporter to 
another, and it is very difficult to ascertain the exact 
truth. In order to get some facts. Colonel Fox and I wrote 
many letters to actual winter residents in various parts 
of the Adirondacks and received thirty-nine replies. 
From these it is perfectly clear that in most localities 
the deer wintered well, some of the writers estimating 
the mortality as no greater than usual, and a few as 
being even less. 
On the other hand in the two localities the num- 
ber of dead this winter appears to be larger than usual. 
Mr. Elbert Parker, who is in charge of Mr. Robert C. 
Pruyn's preserve, near Newcomb, Essex county, writes 
that he has himself found three dead deer on the pre- 
serve, and estimates the total deaths this winter at 
