FOREST AND STREAM 
closely was the town beseiged that the rebel camps were 
in sight, and the men of war in the river were shelling 
them over the houses of the foreign settlement. The fate 
and future of China were indeed hanging by a single 
thread. In possession of Peking, the allies were masters 
of the situation and able to dictate terms. The Rebels, 
pretending Christianity and secure of the sympathies of the 
missionaries, clamored for recognition. Diplomacy was 
almost at fault, but traditional policy and respect for the 
"divine right” prevailed. Content with the opening of the 
Yang Tsze Kiang and the prospective benefits of the new 
treatv, troops and plenipotentiaries withdrew from the 
capital. The Tae-pings were handed over to the tender 
mercies of "Chinese” Gordon, now Governor of the Sou- 
dan, who succeeded and reaped the fame of our owu New 
Yorker, Ward, in the command of the disciplined native 
troops. The Yang Tsze was opened aud foreign settle- 
ments formed as far interior ns Hankow. 
Fifteen years have elapsed and what is the result? The 
embassy of Mr. Burlingame seemed like a ray of light shed 
through the clouds of idolatry and superstition which had 
covered the land for ages. It flickered and went out. The 
barriers of pride and self-esteem have grown higher than 
before. Long rows of splendid houses, all untenanted, 
line the buuds of the river ports. The trade, from which 
so much profit was anticipated, has relapsed into native 
bauds, and our real intercourse is where it was before. 
The young wife of Toong-che may have swallowed the 
conventional opium pill or ball of gold-leaf, but the 
secrets of the Imperial Yamun are guarded as closely ns 
those of the Zenana. Suicide is a most common occurrence. 
That blasphemous wretch, the Tae-piug Wang, who, for 
fourteen years, humbugged the missionaries and almost 
strangled the government, applied the torch to his own 
palace, and with his hundred wives perished in the flames. 
That she should have sacrificed her life for love of her 
husband seems absurd to anyone acquainted with their 
social system. If she has really done suttee, it has been 
through solicitation to meet some political emergency; but 
the truth will probably never be known. The appointment 
of so youthful a successor to the throne indicates a return 
to the policy of prevarication and delay which so long pre- 
vailed in their intercourse with other nations. But now 
that the opium traffic is firmly established no cloud on the 
horizon indicates the probability of disturbance. For 
whatever the pretext, the introduction or extension of the 
trade in opium has been the end of each war in which the 
English have taken a part. Were it not for China the pro- 
ducts of Benares Malwa and Patna would go a begging for 
a market, and the Indian budget be minus the immense 
revenues derived from the periodical sales of the dm* at 
Calcutta. 
Gaudy Nests.— We cannot build nests as the birds do, 
(except the poetical nests on the sea shore with French 
roofs and modern inconveniences,) but it is not impossible 
to influence their color by simple devices. The birds that 
are so busy in Spring time, aie not embarassed by trade 
union strikes or labor movements. Like Mr. Briggs, of 
Leache’s immortal pencil, "when they want a thing doue, 
do it themselves," but they cannot make bricks without 
straw, or nests either, and many a tussle do they have with 
door mats, the ends of clothes lines, or the horse hairs 
caught in the stable fence. Among them almost every- 
thing is gathered. The swallows are mortar makers in 
noisy groups by the puddles in the roads, the yellow birds 
gather lint and wool, while the sparrows seek hair. The 
robins are pleased with twigs for framework, with a medley 
of finer stuff for the repose of egg and fledgling, while the 
superb oriole haugs his swinging cradle, his unpatented 
baby jumper, to the swaying elm or willow by a skillful 
mesh of strings, bark and fine grasses. 
The latter take to artificial supplies as kindly as squaws 
abandon porcupine quills for beads and tinsel. One that 
built near us cribbed a fishing line, and wove it most deftly 
into the nest, snell hook and all, and escaped injury. 
To cultivate the aesthetic in our Summer companions, 
supply them with material. To any visitors in the South,’ 
we would hint, bring home Spanish moss, and the birds 
will gladly move it into their nests. We did so, and our 
robins made nests and hung them with festoons of moss, 
and they are now marked and unusual objects in the bare 
trees. 
For the orioles, cut crimson, orange or blue yam into 
short pieces, aud scatter them about on the ground and 
shrubs, and there will be found in June nests like gay 
purses hanging under the shade of the huge trees that 
orioles seek. How far other birds will use colors will be 
known by experiment. Many will undoubtedly use any 
colored wool, cotton, hair or grass, but none will show 
from below like the hanging bird’s nest. These we have 
seen mude very gay, indeed, and the experiment is easy and 
interesting. 
The American Team for Dublin.— There is not the 
slightest doubt but that the amount of money requisite to 
pay the expenses of sending the American Rifle Team to 
Dublin next June will be promptly raised. Nevertheless, 
we think it an act of courtesy to the Messrs. Hawk and 
Weatherbee, of the Windsor Hotel, to say that quite in ad- 
vance of the appeal to the public, and as long ago as 
October lllh, those gentlemen headed a subscription by a 
contribution of $250 for this very purpose. Several mem- 
bers of the teum had been their guests, and this token of 
appreciation on the part of the proprietors was a very grace- 
ful one. 
PRESERVATION OF GAME. 
REGULAR MONTHLY MEETING OK THE NEW YORK ASSOCIA- 
TION— INTERESTING l’ROCKKDINOS. 
HE regular monthly meeting of the New York Asso 
1 ciation for the Preservation of Game was held at the 
residence of Mr. Benjamin L. Swan, Jr., No 5 West 
Twentieth street, Inst evening, the President, Mr. Royal 
Phelps, in the chair. The Secretary, Mr. Thomas N. 
Cuthbert, read the minutes of the previous mooting. 
A letter from ex-Governor Dix was submitted, in which 
he regretted his inability to bo present, but desired that the 
association might take iuto consideration two great abuses 
—shooting birds in the Spring as they go East to breed and 
shooting from batteries in Great Bath and Shinccock bays. 
Mr. E. Floyd Jones, of Grceuport, Suffolk county, de- 
sired to call the attention of the members to the proposed 
law' for the protection of English and bny snipe. He 
thought it unnecessary, as the number of that kind of 
birds killed in New York State were but few. In the 
South and West they arc shot in great numbers during the 
Winter and Spring months, and are sent to the New York 
market for sale in great quantities. All snipe nre migra- 
tory, aud the proposed protection will only benefit the 
market hunters out of tho Stale. If the law could be ex- 
tended to cover the whole of the country, and the same he 
enforced, the writer would heartily approve of it. The 
communication was referred to tho Executive Com- 
mittee. 
Mr. Gaston Fay, of Brackmerc, Centre Moriches, L. I., 
called the attention of the association to the practice of 
"dusking” ducks, that is, the shooting at or killing of any 
ducks or wild geese before sunrise or after sunset. This 
custom, which prevails on the bay where the writer lives, 
does more to injure the Autumn shooting than any one 
thing that can be named. Dusking is followed in August, 
September and October, and is practiced only on ducks 
which feed on the edge or sedge of meadows. The law 
should be amended so as to prohibit the shooting from 
May 1 to October 1, ins'ead of September 1, ns it now ex- 
ists. Referred to the Executive Committee. 
Mr. John Hays, against whom proceedings were Insti- 
tuted for selling venison out of season, in a communication 
stated that he was ignorant of the provisions of the law, 
and asked the suit to be discontinued. Granted on pay- 
ment of costs. Mr, Whitehead, senior counsel for the as- 
sociation, advised that other suits of like character were 
pending against many dealers. He also read a recent de- 
cision of the Court of Appeals, rendered by Chief Justice 
Church, affirming the judgment of the lower courts in the 
case of the chib against Joseph Raccy, convicted of selling 
quail out of season. 
In this connection Mr. Whitehend advised that tile penal- 
ties against Mr. Racey amount to nenrly $3,000, but he had 
not been able to obtain satisfaction in the matter of judg- 
ment. The club, however, intend to push matters in this 
case to the fullest extent under the law. 
Mr. Seth Green, who was present, was elected an hon- 
orary member of the association. 
Adjourned to meet on the second Monday of March, at 
the residence of Mr. David II . Haight, No. 284 Madison 
avenue. 
The decision is herewith appended. 
„ COURT OF APPEALS. 
Royal Phelps, Respondent, i 
. tr vs- > Cuuuch, Chief Justlco. 
Joseph H. Racey, Appellant, ) 
We concur with the conclusion arrived at by tho General Term. With 
the policy of the statute In question we lmvo no concern, but that the 
acts complained of. viz: Having in possession certain ('nine birds after 
the 1st of March, although killed priur to the prohibited time, or brought 
from unother State where the killiug was not prohibited, is within the 
restraint of the statute there can he no doubt. The seventh section do 
Clares that no person shall kill or expose forsule, or have In his or her pos- 
session, after the same has been killed, any quail between the 1st day of 
«“Duary aud 20th of October, under tho penalty of $25. Laws of 1871, 
The eighth section contains a similar provision relative to ruffed 
grouse, or partridge, and pinnated grouse, or pruirlo chickens, llxlng tho 
time between the 1st day of January and 1st day of September. The 
liiDguuge of these sections Is plain and unambiguous; hence there Is no 
rnnm f..r cnn.l nii't i<m I • i. /ah.iii... _..i t. . > ■ 
SATSSUte* mysteries of the subject to bo m, necessarily 
are foreign tomr obl«?2m. C |f.Th N1V i J h , at * ho>1 ' Involved In this asllou 
cretlon ve s uM lu l hc L^.ih,,'J b .V’i ' i"'^- or 0 1 u, " l<, <‘ °f the vvldedls 
queal Ion v iolate* tlmt u . . al *?i, n ff od '. lmt ,h " In 
which authorise, KK 'r CMWUlUlToD Of tl.o United Stales 
Is unnecessary to kJ* 1 S?’* l ’ ™umwrce among tho States. It 
under this provision would Inierfon. P" A i' r uf 1 "tigress 
d»m o»in,. U,v» „i,.i n< with the nlithorfiy of ( he States to 
either ns'ii SMKSKSS and possession of Zo° 
will suffice for t h I* case thattka aiano t V Uvllu " u ', u " *"> cl “ f»™ It 
Congress has pa«,ed on ihvmtriML m, ‘ con , nict ", llh a,| 5 which 
‘objects cxpreLlv pro I lb u by It m?,,, 1 '" 0 ' •*»- “« « *• rv ‘ |HH ' 1 
conferred upon Congress „ uV.-V. o il..' ’ ,, L l .' or w| tcii the power Is 
policy or functions of the Government b ii there C< * " l,h lllt ' 
(erred upon C ongress which, until vxrel^a™ S? “,“7 c0 '. 1 
and may be exorcised by these stntw wUhlTi thrir lbSlf 1 U ' 
tu- power to regulate commerce. ^ “f the t«M ihl " hl ? h '* 
!'“• «»d Catron J after ..Hading to tho exercise ofToweV hi il o Stan s 
upon subject- Involved in various utUrmutivo gram » to ConaroiB anhl* 
tlm rim'ilnr V'fli ri l * U | }' m or uxl * ,l "K circumstance* for ibis courtto ray that 
ttu similar uMrmatho power to regulntu commerce with foreign iinitnn* 
and among the Ntaies shall be held an exclusive power ... CoS ' ' 
'"..'I 11 I'ccv Ident i hat within these principles, which have been m- 
pea tod 1 y reiterated by the Supreme Court of the United Slates that the 
mi'v nf ' c'V ‘"i" "°! n.i a "' tlll ‘ constitution of lliu United Status nor 
law of ( ohj'iv-h - 4 W houtoii, I?*. 1 : r* Wiu'iium -jri* id iia„. n ^ 
» JChenton? 105; 10 Wallace.’* H WtffK'u IiL!™ * ' 
1 he Judgment of the General Term must be affirmed 
"All concur. " 
A copy 
[signed . ] 11. B. Statue. 
—The great "bonanza," which set tho pooplo of 8ua 
Francisco nearly crazy and sent mining stocks up with a 
bound, proves to lie very much of a humbug, porphyry or 
something else being mixed up with It, and a fearful crash 
has taken place In the stock market. On the 4lh of Jan- 
uary, as wo learn by the San Francisco Bulletin, the Ophlr 
mine was selling for $315 per share, but on the 2?th it had 
fallen to $155; California, In tho same time, fell from $780 
to $370; Consolidated Virginia from $715 to $540; Savugo 
from $190 to $100; and others in about tho same ratio. 
The aggregate depreciation In tho leading stocks In the 
lime named was $07,303,400, and the shrinkage In the 
minor ones would swell the total to $100,000,000, which la 
a pretty severe squeeze to occur inside of three weeks. 
Woodland Cariboo. — If our readers wish to learn the 
habits of the woodland cariboo, so abundant in Newfound- 
land and portions ol' the Dominion or Canada, and how to 
hunt them, let them read the chnptor which we print this 
week under head of "Across Newfoundland." Our paper 
is brlmfull each week of Information ns rare as this; so 
people say. 
Read also the leading article that treats of sport on the 
frontier of Mexico and Texas. 
—Our friends at Boston and vicinity can see some very 
fine specimens of Michigan grayling and California salmon 
in the aquarium at Messenger Bros., 55 Bromflold street, in 
that city. The grayling, especially, will be objects’ of 
great curiosity to nearly every one who has not seen them. 
The Bros. Messenger are very enthusiastic sportsmen. At 
the same time their love for natural history is the means of 
bringing many interesting facts and objects incidentally to 
the notice of the public. It might be inferred that they 
were artists also, since, as first class caterers, they devote 
themselves so assiduously to the palate. Ha ! huw ! 
■ — ^ ^ 
Geese Adrift.— S chooner M. A. Jones, while returning 
to Gloucester from the haddock grounds on Friday last, 
when about thirteen miles south of Thackers Island, fell 
in witii six tame geese on an Ice-cuke, floating out to sea. 
They had probably been several days afloat, and were 
nearly furnished. They were taken on board and properly 
cared for. 
-- --- •• .. - .um.iiui >UIV I.IU. UIU JUIIVOUCO lr5 
clear courts have no discretion but to adopt the meaning wulcli it Im- 
parls. 1 he mandate la that "any person having In his or her ponsession 
between certain dates certain specified game killed, shall be liable to a 
penalty. 1 he lime when, and the place where, the game was killed, or 
when Drought within the State, or where front, is not mode material by 
the statute, und we have no power to make It so. But If the Intent in 
this respect was uoubtful, aectlon thirty-three would remove It. That 
section provides that persona selling, or In nuaseaalon of game, shall not 
be liable to the penalty up to the let day of March, provided they prove 
that it was killed before the prohibited time, or ouleldc of the IlinitH 
of the State where the killing was not prohibited Provision is made 
by this section for the cases supposed not to be within the purview of tin- 
seventh or eighth section; but il Is clear that the Legislature did not so 
suppos,-, but intended to qualify those sections by allowing possession to 
continue, und the sale of game lawfully killed or acquired for two 
months; but after that period the inhibition is absolute. 
It is admitted In this cose that the defendant hud possession Of the 
game after the 1st of March, and the fact alleged that it was either killed 
within the lawful period, or brought from another State where the kill- 
ing was lawful, constitutes no defence. The penalty is denounced agalust 
the selling or possession after that lime, Irrespective of the lime "/place 
of killing The additional fact alleged that the defendant hud Invented 
u process of keeping game from one lawful period to another Is not pro 
vided for in the act, and Is Immaterial. 
The objection of the want of power In the Legislature to pass the act 
is noi tenable. it is not In conillct with the Slate constitution wlthm 
the case of Wynebomer vs People, 13 New York, 378. That case In- 
volved the validity of the prohibitory liquor law, and determined that 
such law, so far as It applied to and substantially desiroyed properly In 
liquors owned or possessed at tbe time the act look effect, was in viola- 
tion of that provision of the State constitution which declares ibat no 
person shall be deprived of life, liberty, or property without due process 
of law: but impliedly. If not necessarily, It affirmed the power If the law 
had only applied to liquors subsequently manufactured and acquired 
Here the property was acquired subsequent to the passage of the act and 
with i he presumed knowledge of Its provisions aud conditions. 'The 
Legislature may pass many laws, tbe effect of which may Ik- to Impair 
or even to destroy i he right of property. Private Interest must yield to 
public advantage. 
All legislative power* not restrained by express or Implied provisions 
of the constitution may be exercised. The protection and preaervatio i 
of game baa been secured by law in all civilized countries, and may be 
ju stilled on many grounds, one of which Is for purposes of food The 
measures best adapted to this end are for the Legislature to determine 
and courts cannot review Ira discretion. If the regulations operate tri 
any respect unjustly or oppressively, the proper remedy must be applied 
by that body. Some of the provisions of the act In question might seem 
—Among other judications of a severe Winter, the up- 
pcarance of seals in the Lower Bay, and of a number of 
buld engles hovering over the harbor and alighting on the 
ice floes in the bay in search of food, may be taken ns the 
most significant. As the steamer State of Indiana was 
passing down the buy, off Clifton, Stuten Island, one duy 
Inst week, u number of seals were observed from her decks, 
lying asleep on a large cuke of ice. 
—The mean temperature nt New Smyrna, Florida, for 
the month of January wus as follows:— 7 A. M., 01 de- 
grees; 2 I*. M., 08 degrees; 9 P. M., 62 degrees. On Jan- 
uary 4th the mercury stood at 81 degrees; on the 28th, 80 
degrees; 29th, 82 degrees. 
—The age of a horse may be Judged by his teeth, but can 
bo more nearly determined by bis (y)ears. 
— Henry S. Dow, editor of the Lumberman's Journal, 
and a prominent journalist of tho Northwest, died at De- 
troit on Friday from the effects of a large dose of morphine 
accidentally administered. 
The Value of Fish Bones.— The Moniteur Industrial 
Beige states that German manufactures are purchasing the 
fish bones gathered along the Norwegian shores, which re- 
sult from the extensive fish curing stutions thore located. 
These bones make a fine fertilizer, and, when pulverized 
by suitable machinery at the poinls of collection, arc read- 
ily transported. The same journal suggests the more ex- 
tended utilization of the bones from the establishments in 
Newfoundland, and estimates the product which could be 
obtained from American fisheries at £20,000,000 a your, 
