48 
FOREST AND STREAM 
Jan. II, 1913 
Published Weekly by the 
Forest and Stream Publishing Company, 
Charles Otis, President. 
W. G. Beecroft, Secretary. S. J. Gibson, Treasurer. 
127 Franklin Street, New York. 
CORRESPONDKNCE — Forest and Stream is the 
recognized medium of entertainment, instruction and in¬ 
formation between American sportsmen. The editors 
invite communications on the subjects to which its pages 
are devoted, but, of course, are not responsible for the 
views of correspondents. Anonymous communications 
cannot be regarded. 
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THE OBJECT OF THIS JOURNAL 
will be to studiously promote a healthful in¬ 
terest in outdoor recreation, and to cultivate 
a refined taste for natural objects. 
—Forest and Stream, Aug. 14, 1873. 
SULLIVAN LAW IS CONSTITUTIONAL. 
(From the New York Sun, Jan. 4, 1913.) 
The constitutionality of the Sullivan anti¬ 
pistol law was upheld yesterday by a vote of 
3 to 2 in the Appellate Division of the Supreme 
Court. One of the dissenting judges was Pre¬ 
siding Justice Ingraham. The case before the 
court involved a person’s right to have a pistol 
in his house to protect his home without a 
license. 
The defendant in the case was former 
Deputy Attorney-General Joseph F. Darling, who 
offered himself as a subject for a test case by 
taking a policeman to his house and showing 
him a revolver in a bureau drawer. He had 
been held for trial in Special Sessions, but ap¬ 
pealed the case by taking out a writ of habps 
corpus. Yesterday’s decision remands Darling 
to the Tombs to stand trial. 
Justice Clark wrote the prevailing opinion 
in which Justices Laughlin and Miller concurred, 
while Justice Scott wrote the dissenting opinion. 
In his opinion Justice Clark said : 
“In the statute at bar the Legislature has 
not prohibited the keeping of arms. _ For the 
safety of the public, for the preservation of the 
public peace the means employed being within 
its discretion and not in that of the courts un¬ 
less flagrantly in violation of a constitutional 
provision, the Legislature has passed a regula¬ 
tive, not a prohibitive act. 
“Legislation, which has for its object the 
promotion of the public welfare and safety, falls 
within the scope of the police power and must 
be submitted to, even though it impose rptraints 
and burdens on the individual. The rights of 
the individual are subordinate to the welfare of 
the State.” 
Justice Clark said that for many years there 
has been a law against carrying concealed 
weapons, and no court in the country has de¬ 
clared it in violation of the Constitution or the 
Bill of Rights. The court says this law did not 
seem active in preventing' crimes of violence in 
this State, so the Legislature proceeded a_ step 
further with regulatory legislation and has picked 
out the particular kind of arm, “the handy, the 
usual and the favorite weapon of the turbulent 
criminal class,” and adds: 
“The citizen may not have that particular 
kind of weapon without a permit. If he has it 
in his possession he can readily stick it in his 
pocket when he goes abroad. If the citizen 
carries it concealed upon his person, it is a 
felony; if he has it in his possession handy and 
ready whenever the impulse shall come to vio¬ 
late the law, he shall be guilty of a misdemeanor 
unless a permit is procured. The Legislature 
assumed that the obligation to procure the per¬ 
mit would be the most effective preventive to 
the possession of such weapon by the criminal 
classes.” 
Now that there is no question as to constitu¬ 
tionality of the Sullivan law, what’s to be done? 
There is only one answer: Put it up to the proper 
authorities to enforce that law. Then, as quickly 
as possible, get Timothy D. Sullivan, who now is 
a Congressman, to have drafted and present 
a Federal bill which shall prohibit the manu¬ 
facture of pistol or revolver having a barrel less 
than ten inches long, target shooting size. Here 
would be an arm from fourteen to fifteen inches 
over all, absolutely inconcealable on the person, 
and a handy home size. This would do away 
with the particularly vicious arm made in vest 
pocket sizes. When the Federal bill became a 
law, the Sullivan law could be repealed and every 
revolver having barrel less than ten inches long 
would become outlawed, to be replaced sooner 
or later by the target arm—the arm that most 
sportsmen have at home, anyhow. Here would 
be new business for sporting goods dealers all 
over the country, and a great relief to those who 
feel need of a gun in the home, but who will 
not break the law, which now denies them the 
right to keep a pistol or revolver in their houses. 
MAINE LEGISLATION. 
A bill is being drafted for presentation 
to the Maine Legislature at this session. The 
bill contains at least three estimable paragraphs 
—protection of moose from two to four years; 
reduction of non-resident shooting license to $10; 
enactment of resident hunting license not -ex¬ 
ceeding $1. 
Particularly imperative is the close season 
on bull moose. Railroad statistics just issued 
show onlj' ninety-seven killed this year (this 
number not including lumber camp and resident 
killings) as against almost twice that number 
last year. Guides and sportsmen report very 
few moose in the woods, while a good head is 
very rare. 
PROTECTION OF MIGRATORY BIRDS. 
The most far-reaching measure for wild 
bird protection ever seriously considered by a 
legislative body in the United States is the Mc¬ 
Lean bill for Federal protection of migratory 
birds, which is now pending in the Senate at 
Washington. 
Since George Shiras, 3d, in 1904 first intro¬ 
duced in Congress a bill of this character, simi¬ 
lar attempts have followed, but all have met 
with death at the hands of the committees to 
which they were referred for consideration. 
The McLean bill, however, has been favorably 
reported by the committee on forest reservations 
and the protection of game. 
Congress has convened, and although the 
session will be short, ending on March 4, there 
is abundant time to advance this bill to a vote, 
if the supporters of the measure will immedi¬ 
ately become active and bestir themselves to the 
point of urging their Senators to take up the 
measure and pass it. The friends of bills af¬ 
fecting commercial enterprises never sleep, and 
their representatives are ever alert. The friends 
of wild life must be equally active if we are to 
hope for success. Communicate at once with 
your Senators at Washington and urge them to 
support the “IMcLean Bill for Federal Protection 
of Migratory Birds.” 
NEW LEGISLATION FOR NORTH 
CAROLINA. 
We sportsmen are more or less resigned to 
the intricacies of the railroad time table, which 
we must consult before going out of town for 
shooting. It always has been perplexing to those 
of us who visited North Carolina to find it 
necessary to once more plod through a game law 
time table to learn what time and under what 
conditions we may unlimber our gun before we 
can get back, in pleasure, the price and annoy¬ 
ance of our trip. [Maryland, hopeless Mary¬ 
land, is the only State whose game laws piece 
out the crazy quilt, stitched with restrictions, in 
North Carolina. A dozen different dates for 
shooting wildfowl, an equal number for quail, 
numberless county restrictions on deer, various 
dates on wild turkey and so on ad lib. At this 
session of the Legislature a bill will be offered 
making uniform laws for the entire State. We 
offer up a fervid hope that the members of the 
Legislature may have occasion between now and 
the time the bill is presented, to look up the 
time table between their homes and the State 
capital, and take the game laws out of the 
Chinese puzzle department, so long headed by 
the railroad time table. 
Bow Meeting Song. 
BY R. E. EGERTON-WARBURTON. 
The tent is pitched, the target reared, the ground is 
measured out. 
For the weak arm sixty paces, and one hundred for the 
stout! 
Come, gather ye together, then, the youthful and the fair. 
And poet’s lay, to future day, the victor shall declare. 
I.et busy fingers lay aside the needle and the thread. 
To prick the golden canvas with a pointed arrow-head; 
Ye sportsmen quit the stubble, quit, ye fishermen, the 
stream. 
Fame and glory stand before you, brilliant eyes around 
you beam. 
All honor to the long-bow which many a battle won, 
Kre powder blazed and bullet flew from arquebus or gun; 
All honor to the long-bow, which merry men of yore. 
With hound and horn, at eai'ly morn, in greenwood 
forest bore. 
Oh. famous is the archer’s sport, ’twas honored long ago. 
The God of Love, the God of Wit, bore both of them a 
bow; 
. Love laughs to-day in beauty’s eye and blushes on her 
cheek. 
And wit is heard in every word that merry archers speak. 
The archer’s heart, though, like his bow, a tough and 
sturdy thing. 
Is pliant still and yielding, when affection pulls the 
string; 
All his words and all his actions are like arrows, pointed 
well 
To hit that golden center, where true love and friendship 
dwell. 
They tell us in that outline which the lips of beauty show. 
How Cupid found a model for his heart-subduing bow; 
The arrows in his quiver are the glances from her eye, 
A feather from love’s wing it is that makes the arrows 
fly! 
