Aug. 26, 1911.] 
FOREST AND STREAM. 
339 
The Orange Rod Club Protests. 
Orange, N. J., Aug. 16 .—Editor Forest and 
Stream: Attached is a resolution adopted by 
the executive committee of the Orange Rod 
Club, at a meeting held on Tuesday evening, 
Aug. 8, and an opinion from W. Bradford 
Smith, upon which the committee’s findings are 
founded. 
Willett B. Gano. Sec’y. 
The club’s resolution follows: 
Resolved, That the executive committee of 
the Orange Rod Club does not concur in the 
interpretation placed by the president of the 
National Association of Scientific Angling Clubs 
upon clause 7, Section 5, Article 2, of the con¬ 
stitution, but dissents therefrom; that it is the 
judgment of this committee that the purpose of 
the said association in the enactment of said 
clause was, and it is the true intent, meaning 
and effect of said clause, that any one engaged 
in the manufacture or sale of fishing tackle may 
become a member of a club affiliated with said 
association, and enjoy the rights of member¬ 
ship, and cast in any tournament held under the 
rules of said association, provided such member 
does not cast for the purpose of promoting his 
commercial or business interests or those of 
his employer, or advertise such abilities, or in 
any other way link commercialism with tourna¬ 
ment casting; and that such member who casts 
from sportsmanlike motives only does not, 
within the true intent and meaning of said 
clause, thereby link commercialism with the 
sport of tournament casting; and that such 
member is not a professional within the mean¬ 
ing of said clause, but has the status of an am¬ 
ateur. 
D. W. Poor, 
Herbert S. Smith, 
Willett B. Gano, 
John W. Knevels, 
A. Jay Marsh. 
Members of the 
Executive Com. 
Dated Orange, N. J., Aug. 8, 1911. 
Mr. Smith’s Opinion: 
The Executive Committee of the Orange Rod 
Club: 
Gentlemen—My opinion has been asked as to 
whether, under the constitution and rules of the 
National Association of Scientific Angling 
Clubs, a person engaged in the manufacture or 
sale of fishing tackle, a member of a club affili¬ 
ated with the association, may participate in any 
casting tournament held under the rules of the 
association. 
Rule 3, of the National Association, is as fol¬ 
lows: “In the events comprising any tourna¬ 
ment given under the auspices of the N. A. S. 
A. C. professionals will not be permitted to 
cast except in such events as may be provided 
for them.” 
There are in the constitution of the associa¬ 
tion numerous references adverse to profes¬ 
sionals that show a positive intent to exclude 
them from all participation in the affairs or 
business of the association. A professional may 
not be an officer, or a member of the executive 
committee of the association, nor a representa¬ 
tive from a club affiliated with it; and all mem¬ 
bers (clubs) must assent to the constitution, 
rules and regulations of the association, and 
adopt the same as their standard. 
The competition by professionals, except in 
a class by themselves, in any casting tournament 
AN INEXPENSIVE, SIMPLE DEVICE FOR KEEPING 
YOUNG TROUT OUT OF IRRIGATING DITCHES. 
Courtesy of Game Warden Riseland, of the State of 
Washington. 
held under the rules of the association, whether 
held by the association or by a club affiliated 
with it, would be contrary to the purposes of 
the association, and a violation of its consti¬ 
tution and rules. 
It is necessary, therefore, only to determine 
who, under the constitution, are professionals. 
The constitution, Section 5, Article 2, before 
the amendment of clause 7 of that section, read 
as follows: 
“Section 5. A professional is defined as fol¬ 
lows: 
“(1) One who is or has been a teacher of 
casting for pay. 
“(2) One who is or has been a market fish¬ 
erman. 
“(3) One who is or has been a paid guide. 
“(4) One who for pay casts or has cast with 
any rod, reel, line or device in the interest of 
the maker or seller thereof. 
“(5) One who does or has done exhibition 
casting for pay, either directly or indirectly. 
“(6) One who for pay conducts or has con¬ 
ducted any exhibition of casting. 
“(7) One who is engaged in the manufacture 
or sale of fishing tackle. This definition does 
not include the amateur rod builder or fly tyer, 
or the amateur maker of any fishing device not 
as his principal means of livelihood.” 
By the action of the association, in 1910, 
clause 7 and its modifying definition were 
amended by striking out the same and substi¬ 
tuting therefor the following: “(7) Any one 
engaged in the manufacture or sale of fishing 
tackle who promotes his commercial or busi¬ 
ness interests or those of his employer through 
his abilities in or in connection with tourna¬ 
ment casting, or who advertises his ability in 
or in connection with tournament casting to 
promote the sale of his or his employer’s wares, 
or in any other way links commercialism with 
the sport of tournament casting.” 
At the same time a new clause, providing a 
penalty, was added: “(8) Any one violating 
the spirit of clause 7, shall be deemed guilty of 
conduct unbecoming a gentleman or sports¬ 
man, and shall be barred from participation in 
any tournament.” 
Clause 7, as it stood before amendment, 
named as a professional any one engaged in the 
business of the manufacture or sale of fishing 
tackle. The amendment classifies with profes¬ 
sionals such a one, only, engaged in the manu¬ 
facture or sale of fishing tackle, who commits 
any of the offenses proscribed by the clause. 
It is assumed by the amendment that no one 
engaged in the manufacture or sale of fishing 
tackle is to be classed as a professional, if he 
does not offend against the spirit of the clause. 
The maker or vendor of fishing tackle, who 
does not promote his commercial or business 
interests, or those of his employer, through his 
abilities in tournament casting, or advertise 
such abilities, is certainly not to be included in 
the number of those who do those prohibited 
acts; neither does one engaged in the manu¬ 
facture or sale of fishing tackle, who, prompted 
by sportsmanlike motives, lays aside his busi¬ 
ness cares to share in the pleasures of tourna¬ 
ment casting, within the meaning of the 
language of the clause, “link commercialism 
with the sport of tournament casting.” 
The amendment is remedial. It must be con¬ 
strued in the same manner as a remedial statute; 
to suppress the mischief and advance the 
remedy. The mischief lay in the inclusion with 
professionals of all who manufacture or sell 
fishing tackle. The remedy consists in except¬ 
ing from the number of professionals those 
manufacturing or selling fishing tackle who do 
not violate the language or spirit of the pro¬ 
hibition. 
If the meaning of clause 7, as amended, were 
doubtful; if it were difficult to spell out an in¬ 
tent to enable makers and sellers of fishing 
tackle to share in the privileges of membership, 
provided they do not violate the spirit of the 
clause; the doubt would be removed, and the 
difficulty overcome, by clause 8, prescribing that 
“any one violating the spirit of clause 7, shall 
be deemed guilty of conduct unbecoming a 
