Dec. 8, 1906.I 
FOREST AND STREAM 
903 
. All the game laws of the United States and 
Canada, revised to date and now in force, are 
given in the Game Laws in Brief. See adv. 
The Case of the People vs. Sauter. 
Mr. Fred Sauter, Sr., is one of the best known 
as he is one of the veteran taxidermists in this 
country. He studied the art in Stuttgart be¬ 
fore coming to America, and during the forty- 
odd years that he has been in the business in 
New York city he has enjoyed the respect of 
everybody and has earned his standing as a 
good citizen. He is a member of the New York 
Zoological Society and a number of other 
prominent organizations. During all these years 
his honesty and integrity had never been ques¬ 
tioned until one day last February. 
On that day Game Protectors Overton and 
Dolan entered the Sauter establishment and an¬ 
nounced that they wanted to inspect the drying 
room. The elder Sauter was not present, but 
Fred Sauter, Jr., took them to the drying room 
after they had exhibited their credentials, quite 
confident that they would go away satisfied. He 
states that they looked over the room and 
were about to retire when they saw two quail 
mounted on panels and with the name of the 
owner attached. Young Mr. Sauter assured 
them that he was entitled by law to have these 
birds in his possession while mounting them 
for a customer, and thought the wardens agreed 
with him, but they took the name of the owner, 
which was attached, and asked for his address, 
which Mr. Sauter refused to give them, on the 
ground that he did not want him annoyed. The 
protectors then went away. 
Mr. Fred Sauter, Sr., gave a Forest and 
Stream representative the following statement 
of facts as he knew them, and with this is in¬ 
corporated the statements subsequently made 
by Fred Sauter, Jr.: 
In February. 1906, a lady residing in New 
York city received the skins of two quail from 
her husband, who was shooting birds in Georgia 
(in the open season in that State), and who 
wanted them mounted in natural positions. So 
badly mutilated by shot were these quail skins, 
however, that they had to be mounted as dead 
game, on panels, and in this shape Protectors 
Overton and Dolan found them, last February, 
in Mr. Sauter’s drying room. The name of the 
owner was attached, and there was no attempt 
at concealment, for Mr. Sauter believed he was 
acting well within the law. The birds were 
killed in Georgia in the open season, and were 
not for sale. 
The wardens, according to Fred Sauter, Jr., 
were not sure they had a case, but in due time 
Mr. Fred Sauter. Sr., with his attorney, ap¬ 
peared before Judge Truax and a jury in the 
Supreme Court to answer to the charge of hav¬ 
ing these two quail in his possession. Mr. 
Sauter says that at the trial Warden Dolan 
swore that he found the quail on the counter in 
Mr. Sauter’s store, and that they were ap¬ 
parently fresh. Judge Truax heard the evi¬ 
dence regarding the quail, but did not give the 
case to the jury. Instead he fined Mr. Sauter 
$110, which, with the costs, brought the total 
amount to about $290. 
We understand that a sea gull also was in¬ 
volved—a gull that was brought from the Arctic 
regions to be mounted for scientific purposes. 
Fred Sauter, Jr., _ informed a Forest and 
Stream representative that Protectors Overton 
and Dolan said nothing about this sea gull at 
the time they visited the drying room, nor was 
any charge made concerning it at the trial. 
Afterward, however, according to Mr. Sauter, 
Sr., he was informed that if the judgment in 
the quail case was paid, nothing further would 
be done concerning the sea gull. This, if not 
a threat, very closely approaches it. 
Mr. Sauter claims that if Judge Truax’s de¬ 
cision is used for the future guidance of the 
wardens, his business and that of all other taxi¬ 
dermists in the State of New York will be 
greatly handicapped if not ruined. He argues 
that, with the fear of arrest constantly hanging 
over him, he will be compelled to refuse busi¬ 
ness that comes to him. As it takes at least 
two weeks for a mounted specimen to dry, he 
cannot accept work during the last three 
weeks of the open season, as the margin of 
safety is too narrow. It might happen that a 
specimen mounted lawfully and shipped by ex¬ 
press, or sent out by a messenger during the 
open season could not be delivered. It fre¬ 
quently happens that owners of such goods 
move away without notifying him of their, new 
address. Often they are away from home and 
servants will not take upon themselves -the re¬ 
sponsibility of accepting the work, and it is re¬ 
turned. If work comes back to the taxidermist 
after the end of the open season, he feels that he 
might be subjected to further punishment, al¬ 
though the circumstances be beyond his control. 
Probably every taxidermist has in his pos¬ 
sesion some mounted specimens that were ob¬ 
tained before laws were passed protecting them. 
By all the rules of common sense these speci¬ 
mens are exempt. Technically the possessor is 
liable to a fine. The warden who cannot dis¬ 
tinguish between prosecution and persecution 
may decide that he has a case anyway. If repe¬ 
titions of the Sauter case are to follow, the 
honest taxidermists of this State feel that they 
are facing financial ruin. 
California Game Notes. 
Greenville, Cal., Nov. 10. — Editor Forest and 
Stream: The earthquake and fire last April at 
San Francisco and vicinity had peculiar results 
in venatic affairs on the Pacific Coast. Sports¬ 
men who met with big losses, for instance, 
could not afford to go fishing or hunting, and 
the grounds were not visited by many who in 
past years hardly ever failed to be there when 
the seasons arrived. Then again the destruction 
of ammunition caused a shortage, and when the 
fall shooting opened, there was a famine of 
cartridges. Pompano has - been selling in the 
San Francisco and Sacramento fish markets all 
summer for only 25 cents per pound, because 
the epicures “had not the price” for more than 
that, and some clubs had to omit giving the 
“game stews” that are peculiar to “foothill” 
hunting circles. 
The duck shooting season has, however, 
opened with great eclat, according to advices 
received from the Sacramento valley, and some 
good shooting is reported in the mountain 
meadow and mountain lake districts, and in the 
tide marshes. 
Nowhere, though, have I ever seen such an 
abundance of mountain quail as I did this sum¬ 
mer and fall in the mountains that surround 
Indian and neighboring valleys. Not only have 
the game birds been plentiful, but fat and 
healthy. I have taken drives of 40 or 50 miles 
a day and was hardly ever out of hearing for 
half an hour at any time of their querkling or 
whirring. 
In the Sacramento Bee an acrimonious dis¬ 
cussion is being carried on over the ethics of 
market hunting. Gun club and game preserve 
men of high commercial and social standing are 
charged by market men with having sold game 
to them! The expose of this heinous offense 
has shaken the very foundations of the social 
fabric of Sacramento, and the discussion 
threatens to overshadow the issues of this fall’s 
political campaign. 
I will not burden your space with any details, 
but let me caution you .should other word reach 
you regarding the fearsome combat being waged 
in print, to get both sides of the story, sift 
it down thoroughly and sprinkle the residue 
with salt before swallowing. 
The case of the charges against Chief Deputy 
of the Fish Commission, Charles A. Vogelsang, 
for instance. He has been completely vindi¬ 
cated. The Fish Commission’s “lot is not a 
happy one,” as the old song goes. At least in 
California, where he is also game warden. The 
game laws are a constant provocative of debate 
and discussion, both in print and verbal moot. 
Even between the State and county authorities 
there has been friction as to the open and close 
seasons, and though dates were established by 
the State, some of the counties p’assed ordi¬ 
nances making local dates at variance. This has 
caused confusion, and the hunter is liable to be 
“up against it.” 
The deputies and justices of the peace, to 
further complicate matters, are prone to put 
their own construction upon what constitutes 
an infringement of the law, and the innocent 
hunter is liable to be subjected to much incon¬ 
venience before he frees himself from legal en¬ 
tanglements. Recently a squirrel was shot by 
one of a party of four men who were returning 
from a big game hunt. A ranchman made com¬ 
plaint to the warden of this district, and three 
of the men were arrested. The fourth, and the 
one who did the shooting, was a non-resident 
and had gone on his iourney before the war¬ 
rants were served. .He escaped. The others, 
prominent business men, had to make a journey 
by stage of over twenty miles to answer the 
summons before the justice, who, however, had 
no case against them. Much indignation has 
been expressed over this scheme “to make an 
example of somebody,” and the preponderance 
of sympathy is with the sportsmen. The warden 
was simply doing his duty, in swearing out-the 
warrants, on the complaint being made to him 
by the ranchman, but was acting under erron¬ 
eous counsel. * 
The wardens, nevertheless, are sometimes al¬ 
together too zealous in their efforts to get 
people to make complaints. Wardens want to 
make records so as to show that they are 
earning their salaries. 
Last winter I happened to be in a Sacramento 
valley city, and the editor of the local paper 
asked me for news of the mountains. I told 
him of flagrant violations of the fish laws, with 
full particulars except the names of the vio¬ 
lators. It was published the next day. The 
warden on reading the article took the next 
train and interviewed the editor. The latter 
promptly gave the warden my name and ar¬ 
ranged for an interview. The warden demanded 
the names, and he became quite brusque in his 
insinuations that my story was a fake. Of 
course, on perceiving his attitude, I refused to 
assist him in his efforts to ferret out the perpe¬ 
trators, and plainly told him that it was his duty 
to get his information from first hands. He was 
particularly anxious to have “no story go east” 
concerning the report, and that seemed to be 
his chief anxiety. I realize the duty of sports¬ 
men to “stand by” the officials, but every sports¬ 
man will appreciate my motives in refusing to 
co-operate with a warden who lacks tact and 
who shows a disposition to countenance the acts 
of the game law violators. 
William Fitzmuggins. 
The. Forest and Stream may be obtained from 
any newsdealer on order. Ask your dealer to 
supply you regularly. 
