May 27, 1905.] 
FOREST AND STREAM. 
413 
four times before the eggs are hatched out. 
The location of the aviaries for the development of the 
birds will next demand our attention. As soon as the 
young birds develop sufficiently large enough so as to- 
lly, a suitable properly drained piece of ground should 
be selected. If possible it should face toward the south, 
as the sun will tend to dry the aviaries. Avoid dampness 
;;s much as possible. A gravel or shale soil is best. The 
building should cover a space at least ten by ten feet for 
every four or five birds, especially during the laying 
season. 
Plant the four corner posts, then dig a trench six or 
eight inches deep between each post. Place a board edge 
downv. ard in the trench. This will keep the rats from 
destroying the birds. Extend the boards eighteen or 
twenty inches above the ground, as this will serve as a 
protection against the scare of dogs and other animals. 
Complete the top and sides of the pen with one inch mesh 
poultry wire. The sides should be about five feet in 
height. I recommend one inch mesh wire because other- 
wise in a very short time the small birds such as the 
sparrow, would carry away enough feed to pay for the 
excess of this wire over one o-f two-inch mesh. The one 
inch mesh wire is rat proof, which will be of considerable 
value, for without it rats may kill several birds. 
The aviaries should be large enough to allow partitions 
to be placed in them. During the laying season the birds 
should be> separated, and by no means allow more than 
one cock in each pen with the hens. Cocks at 
this time are very bitter enemies, I have tried this to 
my sorrow and found that they will fight like Roman 
gladiators until one of the combatants is dead. After the 
laying season is over and all the birds are once more 
allowed to mingle with each other, great care should be 
taken that the birds do not engage in a fight. They will 
need attention along this line for at least two weeks. I 
lost some very valuable golden pheasants through allow- 
ing them to mingle with each other too soon. 
The entrances to the aviaries should be so arranged that 
all parts are accessible from one outside door. It is not 
advisable to have too many outside entrances, as the birds 
are liable to escape because of forgetfulness on your part 
to close the door. Every outside door should have a 
spring to close it. Some protection, from winds and 
storms should be erected on the north and west sides of 
the aviaries. There should he a part covering over the top 
of the aviaries so that the birds may seek shelter during 
a storm of snow or rain. I think it to be unnecessary 
to construct buildings of which all sides are inclosed in 
which birds are to roost, as. they seldom sleep in any sort 
of a building. They invariably sleep on the ground or 
on a roogt in the open air. To arrange a roost in the 
open air, place two forked sticks i^i the ground and on 
these place horizontally a pole about f^A inch in diameter. 
This pole should be about three fect from the ground. 
During the laying season Cedar or pine twigs can be 
placed across the horizontal bar, This will form a covert 
for them, when thCy wish to deposit their eggS. An ex- 
cellent plan is to construct a triangular shaped box twelve 
ir.ches wide and four feet long. Place the ridge of the 
box on the ground, base upward. The birds will seek 
the dark places along the sides of the boxes to deposit 
their eggs, and will oftimes go under the box as a place 
ct ref.ige when frightened. Eggs are not always de- 
posited m the same place. In searching for the eggs in 
the aviaries, you should seek for them with great care, as 
they are very often deposited where least expected. I 
have riven all kinds of inducements in the manner of 
nests, but of no avail. They will occasionally lay their 
eggs in a nest prepared for them, but more frequently 
will hy them anywhere. 
After the third year I do not consider it advisable to 
retain female birds as breeders. Some people engaged 
in the business will retain their birds and breed from 
them as long as they will continue to lay eggs, I con- 
sider (his a serious mistake. The first and second years 
are the most vital part of the bird's life. The pheasant, 
as an cbject of beauty, is just as valuable at the age of 
five years as at two years, but it is not so in regard to 
the profit on the bird. 
In feeding the older pheasants great care should be 
(aken that the birds are not overfed and become too fat. 
S'.'.pply them with a sufficient amount at meal time but 
do not allow food to lie around in the aviaries for the 
pheasants to eat at any time. They are very fond of 
buckwheat, corn, wheat and barley. I feed corn and 
barley in the morning and wheat and buckwheat in the 
evening. I alternate these grains. A supply of fresh 
water in clean vessels should be kept in store, especially 
during warm weather. Green vegetables, such as cabbage, 
lettuce, spinach, etc., should be supplied. I have found it 
very beneficial to suspend in the center of the aviaries 
about two feet from the ground a head of cabbage. This 
will give the birds a certain amount of exercise in jump- 
ing to get the cabbage. 
Grit should also be supplied. I might mention ground 
bone, oyster shells, etc. I find that limestone in its raw 
state is very good. It is impossible to feed too much 
of any kind of grit. I might also reconmiend a liberal 
suppl}- of charcoal for the sweetening of the stomach. 
With the above combination no difficulty should arise in 
the matter of a diet. 
I very often notice that the birds will all begin to fly 
and run the whole length of the aviaries. I often think 
that they are frightened, but upon investigation I find 
that such is not the case. The birds simply want exer- 
cise and use this method to secure it. 
A very good idea is to place leaves in the aviaries and 
throw grain that is to be given them in these leaves. They 
will hunt and scratch for the kernels which will give 
them exercise. Where birds are reared in larger quanti- 
ties this would be impossible, I would not advise leaves 
to be placed in the aviaries during the laying season, as 
the eggs are apt to be deposited in the leaves and lost. 
You are also liable to tread on them while searching for 
them. Before and after the laying season I consider the 
I'.se of leaves a good one, because birds as well as man 
need exercise. While searching for eggs care should be 
taken that the birds are not frightened. They will fly 
against the net-work and sometimes be injured to such an 
extent that the bird breaks a bone or loses its life. 
Durino- the laving season it is ver}' essential that sight- 
seein.s;- visitors should not molest the aviaries. It is advis- 
able net to allow anything other than the usual daily oc- 
currences to happen. Because of a violation of this, there 
may be a falling oi¥ in the egg production, where the 
birds are continually disturbed. I found it advisable to 
clip the flight feathers from off of one of the wings. By 
so doing the bird can only rise a few feet from the 
ground, thus reducing the injury of the birds to a mini- 
mum. 
. Some breeders have gone to the extent of clipping one 
wing at the first joint, thereby saving the time and trouble 
of clipping the flight feathers every year. This is, to my 
sense of reasoning, cruel and an unnecessary punishment. 
I think I have demonstrated in a plain and simple way 
the manner in which pheasants may be reared. I fully 
realize that there are many questions that may arise, but 
the most important thing in the rearing of these birds is 
good judgment and patience, and you will find your efforts 
crowned with success. You may meet disappointments, 
but these are prices of success. Command me, whenever 
I can be of any assistance to you. Suggestions will 
gladly be accepted from anyone. I feel that with our 
united efforts we will meet with an unbounded success. 
■R. F. KiSTLER. 
DaiAWARB Water G.»p, Pa. 
Federal Control of Game* 
Editor Forest and Stream: 
Hifving read Mr. Shiras' reply to tny suggestions as to 
the constitutionality of his proposed Federal legislation, 
as well as his other letters upon the general subject, I am 
free to say that it is impossible to find in the arguments 
advanced or in any of the decisions referred to any sup- 
port for these proposed laws. One of the cases cited, 
and only one, touches on the general subject of Federal 
rights as to fish; and that relates solely to the power to 
take fish out of season for scientific purposes. This is 
a right which has always appeared to me to be plain 
enough, and has never been denied by any respectable 
authority. 
Most men who liave given the matter any thought at 
c"II, agree that a law of as nearly uniform application as 
circumstaiices will allow is desirable for the protection of 
fish and game in their migrations to the feeding grounds, 
and, if the'States shall be unable to frame and enforce 
such laws as are needed, then there should be some other 
way of accomplishing the desired end. But with this 
question, the necessity for or expediency of such laws has 
nothing to do. It is wholly a question of power. 
While I fail to see anything in what has been said in 
reply to my letter that requires an answer, the main 
points suggested by me not having been met at all; yet, 
for the good of the cause, and to give those who may de- 
sire to set forth their views in favor of the constitution- 
ality of such laws as are now proposed, ample opportunity 
lo underst.and clearly my position, I will take the trouble 
to again, but briefly, state my opinion. 
The fundamental principle upon which game laws are 
based, the main, and really the only ground upon which 
srch laws have been sustained, is that the game of a 
country in its natural state is not property in any sense, 
but belongs to all the people of the several States in their 
.aggregate capacity; and that the States have authority, in 
tl:e exercise of what is known in law as the police power, 
to protect and procure such game as a useful food supply 
for the people. 
The police power was not delegated by the constitu- 
tion of the United States to the Federal Government, but 
was retained by the States themselves, as a part of the 
administrative authority in regulating the internal affairs 
of each State. This is one of the few attributes of 
sovereignty which, under our system of government, was 
retained by the States. In a sense, even this is not ex- 
clusive, for as was said by the United States Supreme 
Court in the Debs case, "there is a peace of the United 
States," to preserve and maintain which the whole police 
power of the General Government may be exerted when- 
ever and wherever occasion may require. But this only 
refers to the administration of those departments of gov- 
ernment which, under the constitution, are vested in the 
Federal Government, 
If it be admitted (and I believe it must be so admitted 
in view of the practically unanimous decisions of the 
court on the point) that the game of the country belongs 
to the people of the States, as has already been stated, 
then there is no possible argument which can be ad- 
vanced, as it seems to me, that may even tend to sustain 
the contention that Congress can legislate at all on the 
subject, except in so far as game and fish may, when 
reduced to captivity and killed, become an object of inter- 
state commerce. But even if it were true that the game 
and fish of the country belongs, not to the people of the 
several States but to all the people of the United States, 
there would still be the same absence of power in the 
General Government to deal with the question. 
I may say that I think the Lacey Law valid, but it is 
so because it recognizes the fundamental principle al- 
ready suggested, and operates, as Congress has a right 
to do, on game when it becomes an article of interstate or 
foreign commerce. The courts have held that the power 
which Congress has to regulate commerce includes also 
the power to entirely prohibit traffic in a particular ar- 
ticle. This was the basis of the decisions in the lottery 
cases. While, strictly speaking, there can be no com- 
merce in a legal sense in an article the traffic in which 
our State lav/s have declared to be unlawful, still the 
power of Congress to supplement and aid the State laws 
by prohibiting traffic between the States or abroad in such 
unlawful articles has been fully sustained. 
Now, it seems to me that the only plausible argument 
that can be urged in favor of the Shiras Bill is that it 
comes within the power of Congress to regulate .com- 
merce. But at the outset we are met by the elementary 
idea upon which all the decisions of any weight agree, 
that commerce consists of the transportation of persons 
and property. It will not be contended probably that 
pame and fish come within the meaning of the word 
"persons"; and, on the other hand, it is declared by the 
most eminent authority that game and fish in a state of 
nature are not property ; that no one has any right to or 
claim upon such articles until they are reduced to cap- 
tivity; and that even then the property in them may be 
taken away without compensation, whenever the Legis- 
lature sees fit to do so. 
A further suggestion as to the error into which some 
persons have fallen in regard to the control and jurisdic- 
tion of Congress over the navigable waters of the coun- 
try. It is entirely true that Congress has paramount au- 
thority over such waters, but only for the purpose of 
developing the commerce of the country. As to all else, 
the control by the States is absolute and exclusive. The 
title to all lands under our navigable waters within the 
limits of the several States, as well as the ownership of 
I he waters over them is vested in the people of the sev- 
eral States, in their sovereign capacity, in trust for all 
the people, to be used and controlled by the State authori- 
ties as shall best serve the interests of the people as a 
whole. Over such lands and waters the civil and crim- 
inal jurisdiction of the several States extends and may 
be exercised just as effectively as upon dry land; and 
this branch of the police power is not at all or in any 
sense concurrent, except so far as the administration of 
the constitutional functions of the State and National 
Governments may require. You will understand, of 
course, that what has been said does not relate to the 
power of Congress to legislate as it thinks best for the 
Territories and our insular possessions and places within' 
the States owned by the General Government. 
Permit me to say in conclusion that I hold to the deci- 
sion in Geer vs. Connecticut as the sheet anchor of game 
and fish protection, and am confident that the rules laid 
down there will stand unmodified, because they are right 
both in principle and from precedent. 
I hope that in the future those who may desire to dis- 
cuss this matter will lay aside for the time being all ques- 
tion of necessity or expediency, and will discuss the 
fundamental question of the power of Congress to enact 
such laws. Once it has been decided by competent au- 
thority that Congress has this power, then all the rest 
will not be difficult. , But should it be determined, as I 
feel confident it must, that no such power now exists, why, 
not seek to have the constitution amended to meet this 
and other emergencies in which greater uniformity in 
laws is desirable? ■ Joseph B. Thompson. 
Down in Maine. 
. It was at the club one night, and the conversation had 
turned to fishing and hunting, and Sam and Joe were 
eagerly seeking for information, as they were planning a. 
month's hunting trip for the coming season. "Now if 
Fred B. were only here," said Jim, "he could give you a 
lot of pointers. He was off somewhere a few years ago 
and shot a whole lot of things." 
"Talk about the devil and he will always appear," said 
Sam. "Here's Fred now." 
Greetings being exchanged and another glass ordered. 
"Sam and Joe were trying to plan a hunting trip," said 
Jim, "and I thought you could tell them where to go. 
You were up in Maine somewhere, were you not?" 
"Yes, up in the Moosehead region." 
"Tell us about your trip," said Sam. 
"Now, look here, you know if I get started on that 
subject I'll talk half the night." 
"Good; go ahead; we are not any of us going any- 
where to-night. Tell us your experience, perhaps it will 
help us decide where to go." 
"It was in the summer of '97. I had got heartily tired 
and out of sorts and the doctor advised me to go to 
Maine. You know the Governor is quite an old sport, 
and I know he had been up there somewhere once or 
twice, so I went to him for advice, and he told me to go 
to the Moosehead Lake region. Arriving at Kineo in 
due season I secured the services of a good guide, who in 
a little time had our camp supplies packed and ready for 
a start. I had decided to paddle my own canoe, so had 
got one at the lake. Just before starting Tom, my guide, 
came to me and said, ''We had better take a man with us 
to help us in with our loads, as the water is pretty low, 
unless you want to take quite a lot of it in your canoe, 
and I did not know but what you might wet it' Tom 
did not have a very good opinion of my abilities as a 
canoeman. I told him to get the man and later was glad 
I had done so. - On the third day out in the afternoon 
while we were crossing Eagle Lake, suddenly a funnel- 
shaped white cloud loomed large in the northwest. The 
three canoes were pretty well bunched, and Dave, the 
man Tom had got to help us into camp, said, 'There's a 
squall coming and we've got to get out of this quick. It's 
as near to that island ahead as it is to the shore behind 
us, and that's the way we are going.' And he struck out 
with long powerful strokes that soon left Tom and me 
far in the rear. Tom,' with an anxious, look to the north- 
west, said to me, 'Get forward of the first thwart, and 
keep the bow headed pretty well into it when she strikes 
you, I can't help you any now.' The wind with a roar 
was upon us. Tom steadily drew aAvay from me, both 
canoes making lots of leeway. I saw I was not gaining 
any, merely holding my own, but I realized that the 
guides with their loaded canoes could not help me any. 
It was a case of 'each for himself and the devil take the 
hindmost,' and I seemed very much behind. But I knew 
something about a canoe and in keeping her head 
to the wind I had not had much time to look at anything 
but the canoe and the waves, but in a momentary lull I 
looked for the guides but could not see anything of them. 
Either the waves hid them or they had reached the island, 
wliile I was farther off than when the squall first struck 
us, I knew the canoe would soon fill in the trough of the 
sea, so kept steadily pulling, pulling, always pulling. It 
seemed as if my arms would be pulled out, when suddenly 
there came the guides right in front, coming down upon 
me with the speed of the wind. They ran down and 
rounded up on the lee side, and somehow I never could 
tell how they fastened a long rope to the bow thwart of 
my canoe, then pushed , off and were soon paddling with 
that long, strong swinging stroke which the Maine guide 
knows so well. Oh what a relief to lay down my paddle 
and'rest my weary arms! Soon we were back in the lee 
of the island and ashore, where they had hastily unloaded 
one canoe and fastened a small rope to the stern to act 
as a tow line. Camping there for the night we finished 
the distance to Churchill Lake, where I had decided to 
make my home camo and let Dave return to Kineo. 
Looking out on the still water the next morning one could 
hardly believe it possible that a small lake could get so 
rough. 'Those white squalls are rare with us,' says Dave, 
'but they are the real thing when they do come, and don't 
yon "forget it.' I never shall. 
"Writing a few letters that night to be taken by Dave, 
the last I should send out of the woods, made me feel 
that now indeed I was away from everything to jremind 
