288 
FOREST AND STREAM. 
fApRir. I, 1905. 
f)ractice and withholds the remedy to be the same that 
actuates the generality of sportsmen the world over- 
selfishness — pure, unadulterated selfishness. It may hs 
true that the tiger's claw is more easily discerned in sein- 
ing fish than in some other things, but at bottom the 
velvet covering vi^ill be found the only difference. 
The shelving and gravelly shore of Missisquoi Bay is 
the great spawning bed of Lake Champlain. Here in early 
springtime gather myriads of fish from the deeper waters 
of the lake to spawn — a season of the year when they 
refuse all the legitimate overtures of the most skillful 
disciples of the piscatorial art— when it is capture them 
•witli nets or get no fish, as they quit the domains of His 
Majesty, Edward VH., as soon as they spawn. 
With tons of fish coming to their doors for a time only 
to disappear a little later, is it not asking a good deal 
of human nature to demand and expect them to desist? 
And to expect their representatives at the seat of govern- 
ment to take action against the interests of their con- 
stituents ? 
Paraphrasing the old school book story of the boys 
and frogs, we may say that it is fun and money for the 
fishermen of I^tissisquoi Bay. but death to the fish; but 
while this is to be regretted, who will say that it is not 
in accord with the \ery general practice of self-styled and 
so-called "true sportsmen?" 
Scores of instances to prove that this is literally true- 
that it is selfishness and not sentiment that prompts— 
readily suggest themselves, but their enunciation would 
extend these notes to undue length. I must crave suffi- 
cient space, however, to touch upon a few of the more 
prominent. 
The time was when the Connecticut^ River so teemed 
with salracn ihat it was common practice when servants 
and apprentices were indentured to stipulate in the con- 
tract that they should not be fed upon salmon more than 
the stated number of times during the week. With the 
increase of population in the Coimeciicut Valley, the sal- 
mon naturally decreased in number, but when the dam 
at Hclyoke was completed and they could not ascend the 
river to their spawning grounds, their days were num- 
bered. For many years agitation w^as continued in the 
Legislatures of the Slates of Connecticut and Massa- 
chusetts on the subject of providing a suitable fishway 
in the dam, but selfishness triumphed, no fishway was 
constructed, the salmon were exterminated, and the 
waters that formerly knew them in abundance now know 
them Jio longer. 
We may pass over in silence the clouds of wild pigeons 
that darkened the sun in their flight in the not long ago, 
and that now are gone forever ; the unnumbered thousands 
of buffalo that swarmed on the western plains; the fear- 
ful slaughter of song and insectivorous birds for their 
plumage; the unceasing warfare made upon the sea fowl 
in their winter home and during their spring and fall 
migrations ; the untold millions of woodcock, quail, grouse 
and other birds that fall before the insatiated and insa- 
tiable gun of the "true sportsman" and that of his twin 
brother the pot-hunter; and all. or nearly all, actuated by 
that most potent impelling motive — selfishness. 
Turning from the individual to the game organizations 
—the much heralded and oft-pruclaimed "protective" or- 
ganizations, local. State and national — and it is very ap- 
parent that the machinery thereof is geared to the same 
dynamo. The local society is not infrequently dominated 
by someone who has an ax to grind — possibly by some 
ambitious individual who runs the gun and ammunition 
store — when it is no infrequent sight to see him attempt 
to "run with the hare and howl with the hounds," trying 
to appear to be in favor with the better sentiment of the 
commitnity in behalf of game protection and propagation, 
while very careful to oppose restrictive measures looking 
to a shorter open season, a license on guns, or other 
measures that would limit the sale of guns and 
ammunition ! 
Not long since in one of the most progressive States in 
the Union it was proposed, in the interest of greater pro- 
tection to game birds, to enact legislation looking toward 
a diminution of their natural enemy, the fox; when lo 
and behold ! down rolled an avalanche of oratory that 
swept all before it on the ground that the fox is the 
natural friend and protector of the innocent and defense- 
less game birds ! And it was even proclaimed that par- 
tridges (ruffed grouse) sought the burrow of sly Rey- 
nard and made their nests near-by — presumably to culti- 
vate his friendship and establish greater comity between 
fur and feathered life ! And this by men of mature years, 
who, w^hile confessing themselves fox hunters, proclaimed 
their interest in. and an.xiety for, the propagation and 
protection of game birds ! 
Advancing a step from the individual to the machinery 
of the State, and the power of selfishness may be easily 
discerned. We need cite but a couple of instances, which 
may be accepted as a type of the many. We have but to 
recall the attitude of the great State of New York on 
the question of spring shooting of waterfowl, and the 
p©wer of the Long Island gunners to prevent remedial 
legislation ; and again the case of the millionaire who 
legitimately buys and incloses for his own use — selfishly, 
if you will — territory in the Adirondacks, only to invite 
the" opposition and torch of the incendiary who refuses 
to yield up privileges hitherto enjoyed but never paid for. 
The State of Maine furnishes another striking example. 
To meet and mend "a condition and not a theory," "that 
our children and children's children may see and enjoy 
the large game of the woods," a hunter's license is im- 
posed upon visiting sportsmen. Was the prbfessed the 
real motive? How much more quickly aridf effectually 
would the destruction of big game be prevented; by mak- 
ing a close season for a numbier of years or perpetual. 
But then would be gathered the harvest of dollars ? 
Were such measures proposed instead of the money- 
getting license, there would have gone up such a howl 
from transportation coinpanies, hotel and camp owners 
and guides as would make a thunderstorm in summer 
seem like the echo of a toy pistol. Selfishness? 
Turn we next to the National Government, and we see 
practically nothing accomplished of national importance — 
inertia, indifference, selfishness. 
Measured by the ethical standard generally prevailing, 
who will cast the first stone at the fishermen of Missis- 
quoi Cay? And who will demand of them higher stand- 
ards, more healthy and advanced sentiment, and more 
riefi^ii «^u1/i» -than exists iaktewtertef Xjwon McAugm, 
Sea Fishing at Palm Beach, 
From the Palm Beach News, March 18. 
The annual ocean fishing tournament which has beea 
going on for the past eight weeks came to a close yester- 
day. The most valued trophy of the contest, the Royal 
Poinciana Cup for the largest amberjack, was won by 
Mr. John B. Cauldwell, of New York, who also caught 
the 92-pound record fish some weeks before the tourna- 
ment opened. Mr. Thomas D. Whistler, of Baltimore, 
was awarded the Breakers' Cup for the largest number of 
amberjacks taken in one day; Mr. Grier Hersh, of York, 
Pa., the Bingham Cup for the largest amberjack caught 
from the pier, and Mr. C. K. Bispham, of Philadelphia, 
the kingfish cup for the largest kingfish of the season. 
None of the competitors having qualified for the Tan- 
dem Cup, the committee decided to rechristen it the Gulf 
Stream Cup, and unanimously awarded it to Mr. Rich- 
mond Talbot, of Tuxedo Park, as a fitting recognition 
of his daring exploit in capturing the now famous sail- 
fish, the first specimen of this dangerous denizen of the 
Gulf Stream ever taken with rod and reel at Palm Beach. 
Most of the scores appended below were exceptionally 
poor as compared with other years, which is partially ac- 
counted for by the severe cold spell, but more generally 
attributed to the continued practice of netting close to 
the ocean pier. In other respects the tournament was a 
very great success, the rivalry having been keen among 
the large num.ber of competitors entered from various 
sections of the United States. 
The colored crews which man the surf fishing boats 
took an active interest in the sport, while Mr. Winters, 
in charge of the pier, gave universal satisfaction by his 
untiring efforts to aid the amateur fishermen as well as 
his clever use of the plungers and gaffs in landing the 
large fish. Owing to the indefatigable labors of Jimmy 
Rainbowlegs, unlimited supplies of bait were always pro- 
curable, even on the most active fishing days. The detail 
record is given below : 
ROYAL POINCIANA CUP. 
First — John B. Cauldwell, 62 pounds. Second — Grier 
Hersh, 60 pounds. 
BINGHAM CUP. 
First — Grier Hersh, 60 pounds. Second— John B. 
Cauldwell, 52 pounds. 
KINGFISH CUP. 
First — C. K. Bispham, 36 pounds. Second — John B. 
Cauldwell, 33 pounds. Grier Hersh, 33 pounds. 
breakers' CUP. 
First — Thos. D. Whistler, two fish. 
GULF STREAM CUP. 
First — Richmond Talbot, seven feet long. 
Casting Tournaments^ 
C. G. Levison, who was a member of the National 
Rod and Reel Association, writes to the London Fish- 
ing Gazette: 
Having served on the committee of this as- 
sociation for all but one of its tournaments dur- 
ing its active life, and also on the committee 
for every indoor tournament held in New York City 
by the Sportsman's Show, there has been every op- 
portunity for me to become familiar with the require- 
ments necessary for each of the several contests that 
long experience has involved. Experience has taught 
that no contest where the result may be determined by 
the individual opinion of the judges will ever be de- 
cided to the satisfaction of all concerned, and in con- 
sequence such events were long ago eliminated here. 
The argument that casting tournaments do not 
represent actual fishing conditions may forever, as far 
as I can see, be discussed, without any prospect of a 
nearer settlement than at present exists; but for the 
sake of argument, even if admitted, it does not seem 
to me to constitute a valid reason why they should 
not continue to be held with such events for competi- 
tion as may be reproduced somewhat near to such con- 
ditions. The long distance fly casting events for light 
or heavy or single or double hand rods will, if ex- 
amined from most any viewpoint, be found to be 
better fitted to these conditions, and also to test the 
tackle, than any others that may be devised. This 
for the reason that there is one, and only one object 
sought, and this a definite one. This subject is so 
plain and simple that it appeals to the caster and 
spectators as well, and the distances cast may be seen 
and compared by anyone with fair eyesight, and con- 
sequently the final result is always satisfactory be- 
cause it is beyond dispute. 
Now, what are the conditions in nature that call 
for similar casting? 
As far as I may judge they occur only when an 
angler is on the shore of a lake or bank of a wide 
river, and his endeavor is to reach a fish that may be 
rising away beyond. To accomplish the distance, should 
he be blamed if in so doing he performs some ungrace- 
ful contortions, raises his forearm above the head, 
allows his fly or line to come in contact with the earth 
or grass or some obstruction in his rear, but at last 
by a supreme effort his line shoots out the required 
distance and the fish is reached and caught? Is not 
he a better angler than another who for the sake of 
good forni would not resort to such heroic measures, 
and would therefore fail to catch the fish? 
The following incident will better illustrate the point. 
The late Harry Prichard, a famous old Scotch angler, 
who for many years kept a small fishing tackle busi- 
ness in New York City, once went with my friend 
Mr. M. and myself to try for trout on a well-known 
Long Island private pond that was strictly preserved 
and very little fished. Prichard, having a great reputa- 
tion as a distance caster, went along to show us what 
valiie there was in siich work, as there was no boat 
on the pond and the ifish kept in the main channel, 
which ran a lonig distance from and parallel to the dam 
before it turned to. the outlet. Prichard seldom cast 
over head even from a boat, but usually made use of 
the switch cast. Having arranged our tackle and 
viewed the situation, we concluded that only Prichard 
could coyer the distanoie necessary to cast, so we 
stood asi^ Q£iid 'g^ V& liim t-h^g p^at bf vaatog^. At 
once there occured a commotion at his feet equal to 
that made by a small side wheel steamboat. This was 
caused by his line sloshing round in the water. We 
watched the operation some minutes with wonder, but 
at last to our great relief the loop of the line rose 
upward, uncoiled outward nearly to its extremity, 
when the leader and fly at its end turned over, 
straightened out flat on the water, there was a rush 
of a big trout, which was struck and finally landed. 
This was repeated again and again until several trout 
of from 541b. to ij^ lb. were placed in the creel. 
Prichard caught that day all the fish that were taken, 
and Mr. M. and I were two very interested spectators, 
as though we were at a tournament for all the world. 
Had I hitherto been the most doubtful of the benefits 
of distance casting I would have been a convert from 
that moment to its great advantages, even though at- 
tained at the sacrifice of good form. 
These are some of the reasons why the distance 
events should not be hedged around with petty re- 
strictions to handicap the performer. 
If the time ever comes when a set of standardized 
rules acceptable to Great Britain and America can be 
agreed upon, there will be no one better pleased than 
yours very truly, C. G. Levison. 
A South Carolina Fish Case, 
MCDONALD & JOHNSON ET AL. VS. SOUTHERN EXPRESS CO. 
(Circuit Court, D. South Carolina, Dec. 30, 1904.) 
K. Bryan, for complainants, 
ordecai & Gadsden and U. X. Gunter, Jr., Attorney-General 
South Carolina, for defendant. 
Brawley, District Judge. An act of the General 
Asembly of South Carolina approved February 16, 1904. 
(24 St. at Large, p. 385), declares, in section i, "that on 
and after the 20th day of February, 1904. it shall be un- 
lawful to ship or transport any shad fish beyond the 
limits of this State"; and in section 2, that "any person 
* * * who violates the provisions of section i of this 
act shall upon conviction be deemed guilty of a misde- 
meanor and subject to a fine not exceeding $100 or to 
imprisonment not exceeding 30 days"; and in section 3, 
that "any common carrier receiving any shad fish for 
tranisportation or shipment to any points beyond the 
liniits of this State, shall, upon conviction, be deemed 
guilty of a misdemeanor, and shall for each offense be 
fined not exceeding $100." Immediately after the passage 
of this act the defendant company, a corporation engaged 
in the business of transportation as an interstate coinmon 
carrier, and therefore carrying shad fish to places outside 
the limits of the State, gave notice that it would not, 
after February 20, 1904. receive for shipment or transport 
to points beyond the limits of the State any shad fish, 
whereupon complainants, six or seven in number, filed 
their bill of complaint, alleging, among other things, that 
they were dealers and shippers of shad fish caught within 
and without the limits of the State of South Carolina to 
places situated outside the limits of said State; that said 
shad fish was a recognized article of interstate commerce ; 
that they had expended large sums of money in the equip- 
ment of their business, and had entered into coiitracts for 
daily shipments during the shad season; that the 
Congress of the United States had, by several statutes, 
provided for the propagation of shad fishes, and had ex- 
pended large sums of money, and deposited many millions 
of shad fishes or shad fry in the coast waters of the 
United States for the benefit of the citizens' of the United 
States, and that the act above mentioned was in contra- 
vention of Article i, section 8, of the Constitution of the 
United States. An interlocutory injunction was granted, 
and it was referred to the master to take testimony, and 
the case is now before me upon his report, and upon a 
motion for a permanent injunction; counsel for complain- 
ants appearing in behalf of said motion, and the Attorney- 
General of the State in opposition. 
The master reports that he held a reference October 7, 
1904, at which were present the solicitor for the com- 
plainants, the solicitor for the defendant. Southern Ex- 
press Company, associated with whom as counsel was the 
Attorney-General of the State of South Carolina, and 
that the complainants and their witnesses being present 
and ready to give their testimony in the cause, it was 
agreed by the counsel for the complainants and the coun- 
sel for the defendant that the facts as alleged in the bill 
of complaint were admitted as true; counsel for the de- 
fendant stating that the issue was one of law, arising 
upon the face of the pleading. The facts as alleged being 
admitted, it was further agreed that during the pendency 
of the act set forth in the bill of complaint in the Legis- 
lature of the State of South Carolina an amendment was 
offered striking out the words "any shad fish," in section 
I of the act, and inserting in lieu thereof the words "any 
shad fish caught in the waters of the State of South 
Carolina," but the said amendment was rejected. It was 
stated by the counsel for the complainants in the argu- 
ment before me, and not controverted, that he was pre- 
pared to prove iDy his witnesses that the greater part of the 
shad fish shipped by complainants was caught beyond the 
limits of the State of South Carolina. 
In Geer vs. Connecticut, 161 U. S. 519, 16 Sup. Ct. 600, 
40 L. Ed. 793, the Supreme Court oi the United States 
considers the nature of the property in game, and the 
authority which the State had a right to lawfully exer- 
cise in relation thereto, and, after reviewing the authori- 
ties from the time of Solon, holds that, from the earliest 
traditions, the right to reduce animals ferce natures to 
possession has been subject to the control of the law- 
giving power. The principle upon which this decision 
rests is that such animals, belong to the collective body 
of people of the State, and are held by the State in trust 
for the people, and the person who takes the game can 
only .acquire a qualified property in it ; that such game 
not being the subject of private ownership, except in so far 
as the people may elect to make it so, the State may, if 
it sees fit, absolutely prohibit the taking of it, or traffic 
and commerce in it, if it is deemed necessary for the pro- 
tection or preservation of the public good; that such 
common ownership imports the right to keep the property, 
if the sovereign so chooses, ahvays_ within its_ jurisdic- 
tion for every purpose. The dissenting opinions of 
Justices Field and Harlan, while not questioning the right 
£^ thfe Srat%,- by it^ fegfslatiijn, to tfrt^/'itf? for tht -ptQ.- 
