FOREST AND STREAM 
819 
The case, after being continued at September 
Court, 1914, by Judge Singleton Bell, came up 
for trial on Monday, November 7, 1914. Cole, 
Woodward and Harris appeared for the defend¬ 
ant and the Dist. Attorney, together with Live- 
right, and Kelley, appeared for the prosecution. 
The Game Commission, in the persons of Kalb- 
fus, John M. Phillips, neatly every game warden 
in the state and several scientific witnesses from 
Pittsburgh, Harrisburg and Washington appeared 
in Court on Monday morning prepared to send 
Dickinson to jail for one hundred days and pay 
almost a thousand dollars of costs as a penalty 
for killing a deer with pedicles instead of horns. 
Kalbfus, and Phillips, all their wardens and 
scientists swore positively that no male deer had 
horns until after he 'was over a year old, and 
that the deer in question was a spring fawn and 
had pedicles instead of horns. The defendant, 
corroborated by ten witnesses who saw the deer 
when it was killed and when it was carried to 
camp, testified that the deer had horns at least 
two inches or more in length, that it was hung 
up 'by the horns, and that it was a year old or 
more and weighed from seventy-five to a hun¬ 
dred pounds dressed. 
The case was bitterly contested by the Game 
Commission, and after almost two days consumed 
in the trial and the argument of counsel, Judge 
Bell, in an able dharge gave the case to the 
jury. The Court charged the jury that having 
written into the Act of 1909 the term “Horns,” 
as applied to a male deer, they must construe 
that term as ommonlv understood by the people 
who had occasion to speak of or refer to deer, 
and that if the deer killed by the defendant had 
horns “visible above the hair,” as required by 
the Act, they should acquit him. As to the 
costs, which amounted to many hundreds of dol¬ 
lars, the Court charged the jury that if Doctor 
Dickinson had been fair and open in the matter, 
and the deer was a legal deer, he should not be 
required to pay any costs; and further that if 
the prosecutor, Doctor Kalbfus had acted in good 
faith in arresting and prosecuting the defend¬ 
ant, he should not be compelled to pay the costs; 
and that they, the jury, could put the costs on 
the prosecutor, or the defendant or divide it 
between them; or they could put the costs upon 
the county. 
The jury returned a verdict of not guilty and 
the prosecutor, Doctor Kalbfus to pay all the costs. 
This now famous case was not tried until more 
than three years after the killing of the deer in 
question. Much of the time of the Game Com¬ 
mission and many of their wardens during this 
three years was taken up looking after this case, 
for unless they convicted Doctor Dickinson, they 
would fail to convict any one, as the Act under 
which he was arrested was dead and all other 
offenders under that law had gone free. 
Many of the best sportsmen of Pennsylvania 
have come to the conclusion that the Game Com¬ 
mission of our state has outlived its usefulness, 
and the history of the Dickinson case goes very 
far to establish that fact. When that commis¬ 
sion, dominated by Doctor Kalbfus and John 
M. Phillips, will proceed to arrest such a man 
as Doctor Dickinson for such a trivial offense 
as the one for which he was tried, and follow 
him for three years because they have a pile 
of the people’s money at their disposal, and 
without first carefully looking into the merits 
of the case, it is time for a new deal- Under 
the present management of that Commission, and 
with the class of wardens such as they have 
prowling through the woods, no sportsman, no 
matter what his character be, is safe at their 
hands. We need a few game wardens who have 
some character and who can tell the truth; men 
who are not afraid to go into the remote parts 
of the county and arrest offenders, and they 
can find lots of them, and cease to prowl round 
the hunting camps of reputable citizens, clean 
sportsmen, and men who have never been charged 
with any violation of the game laws. The Game 
Commission of the great state of Pennsylvania 
cannot afford to persecute one of her best citi¬ 
zens for three years in order to get square with 
some one, and the verdict in the Dickinson case 
serves notice upon that Commission that courts 
and juries will not stand for it. 
J. M. BULKLEY DEAD. 
Author of County History Dies After Long 
Illness. 
September 31, 1914. 
We regret to learn that John McLelland Bulk- 
ley died September 31, after an illness of nearly 
eight months. Last February he fell, injuring 
his side. He did not realize the seriousness of 
the injury himself until some time after its 
occurrence. Recovery progressed slowly and 
(Continued on page 830.) 
Game Laws in Brief 
The First Complete Game Laws (in brief form) thus far Published in any Magazine 
NEW MEXICO. 
Game Fish.—It shall 'be unlawful to catch any species of trout or game food 
fish found in any of the public streams or waters unless such fish has been taken 
with a hook and line attached to a rod or held in the hand, and unless such fish 
be so caught between the 15th day of May and the 15th day of October. Game 
fish, as defined by this act, are small and large mouthed bass, and speckled trout 
of whatsoever variety and species, also catfish, croppies, and ring perch. 
Species Protected Always.—It shall be unlawful to kill any elk, mountain sheep, 
beaver, mountain goat or ptarmigan. It shall be unlawful to kill any antelope, 
elk, pheasant, bob-white, quail, wild pigeon, or prairie chicken for a period of 
five years after the passage of this act. 
Hunting Licenses.—No person shall take, any game which Is by law protected 
without first having In his possession a hunting license. (1) A general hunting 
license shall entitle to hunt game quadrupeds and birds. (2) A big game license 
shall entitle to hunt game quadrupeds (wild turkeys are classified as big game 
under the meaning of the act). (3) A bird license shall entitle to hunt game 
birds other than wild turkeys. Any person .may procure the hunting licenses by 
applying to the State Warden or any deputy warden, stating name, age, height, 
weight, place of residence, post office address, color of hair and eyes. Any person 
who has been a bona fide resident of this State for six months then last past 
shall be entitled to procure a resident hunting license. Any person not a bona 
fide resident of this State, but who is a bona fide resident of the United States, 
shall be entitled to procure a non-resident hunting license. Any unnaturalized 
foreign-born person who has lived in this State for six months then last past, 
shall be entitled to procure a resident-alien hunting license. [Fees—.Bird, resi¬ 
dent, $1. Big game, resident, $1. Big game and birds, resident, $1.50; all other 
persons $10.] 
Seasons.—The open season for.hunting shall be between the following named 
dates only, both inclusive: (1) iDeer with horns from October ist to November 
15th. (2) Grouse, September ist to November 15th; native or crested, Messina, 
California or helmet quail from November 1st to January 31st. (3) Wild turkey, 
from November 1st to January 15th. (4) Doves from July 1st to September 30th. 
It shall be unlawful to kill, trap, ensnare, or in any manner injure or destroy, or 
have in possession any snipe, curlew, plover and duck, except that such birds may 
be killed with a gun only during the period commencing Septembci 1st to March 
31st. 
Limits.—The right given to take game or fish is limited to four wild turkeys, 
six grouse, twenty duoks, thirty other birds, fifteen pounds of trout not less 
than six inches 'in length, fifteen pounds of bass not less than seven inches in 
length, for each person in any one calendar day, and no person shall kill in 
any one season more than one deer with horns nor have in possession at one 
time more than four wild turkeys, six grouse, thirty ducks or thirty other birds 
nor more than twenty-five pounds of trout or bass, and no game or fish shall be 
held in possession by any person more than five days after 'the close of the 
season for killing of same, except [on permit]. 
Methods.—No game shall be killed with a steel or hard pointed bullet, and in no 
instance shall fishing be done between .the hours of nine o’clock P. M. and four 
o'clock A. M., nor shall any person use .in the killing any animals, birds or fish 
protected by this act, any net, seine, trap, cage, snare, salt lick, blind, scaffold, 
deadfall, pit, snag hook, artificial light or similar device whatever; provided that 
dogs, blinds, sinks, and decoys .may be used in hunting birds. 
Guides.—No person shall act as guide for any .person in hunting protected game 
without having procured from the State Warden .a license therefor. No guide 
license shall be granted except to a bona fide resident of this State. [Fee $5.] 
Fish and Game Shipment.—Whenever any game or fish is presented for transporta¬ 
tion in a box, barrel, package or other covering, so that said game or fish is not 
plainly visible, the consignor shall put on the outside of such covering a plain 
label indicating the contents. 
KANSAS. 
Licenses.—No person shall take any game bird or animal without first having in 
his possession a license, issued to himself. Such license shall be issued to any 
resident of the State by the county clerk of any county upon payment of a fee of 
one dollar; such license shall be good throughout the State. Any non-resident may 
make' application to the Secretary of State for such license, and shall pay a fee 
of fifteen dollars, which license shall be good for the entire State. The provisions 
of this section shall not be construed to affect the right of an individual resident 
owner of any land to bunt or shoot on his own premises. 
Squirrels, Fur.—It shall be unlawful to kill any tree squirrel (fox, gray or black 
squirrel); provided, it shall not be unlawful .to kill fox squirrels from September 
ist to January ist. [Muskrat, skunk, .mink, raccoon, opossum, civet cat protected 
March 15th to November 15th, both inclusive; beaver and otter protected .to 1921.] 
Antelope, Deer.—It shall be unlawful to kill any antelope or deer for a period of 
ten years after the passage of this act. 
Birds.—Sec. 15. No person shall kill or catch or have in possession any wild bird,, 
transport or ship, within or without the State, any such wild bird, except as per¬ 
mitted by this act. It shall be unlawful, except as hereinafter provided, to kill 
any wild game birds commonly known as geese, brant, any wild river or sea ducks, 
any plover or snipe, any grouse or prairie chicken, provided it shall not be unlaw¬ 
ful to shoot wild geese, wild brant and wild ducks from September ist to April 15th; 
plover from August ist to April 30th; snipe from September ist to April 30th (all 
above dates inclusive); provided, that no wild game bird shall be killed while 
