57 G 
FOREST AND STREAM. 
[April 15, 1911- 
Warden Tolerton to Remain. 
Doniphan, Mo., April 1 .—Editor Forest and 
Stream: Missouri retains intact her present 
game law. One of the strongest fights ever made 
in this State to prevent the extirpation of game 
was waged. On the other hand, the following 
that came with the intention of repealing the 
law were very strongly represented, and it 
looked for a long time that the violating element 
would carry things as they p.eased, but they 
reckoned alone on their usual capabilities of 
controlling a majority supposed to be preju¬ 
diced against game legislation. Hopeless as it 
appeared to those interested in game that the 
present law would remain intact, they found the 
strongest factor, and he alone their salvation, 
in Governor Herbert S. Hadley. 
Scanning carefully the pages of the history 
of game protection in our State, we can find no 
instance where a governor has supported a game 
law so substantially as the loyal manner in which 
Governor Hadley stood toward the interest of 
the sportsmen. Every bill antagonistic to pro¬ 
tection failed when the Governor threatened it 
openly with his official veto. \\ hile the chief 
official had many pet bills of his own that he 
could have carried through by bending to the 
influence of those who were fighting the present 
protective law, he sacrificed his own measures 
to stand by the sportsmen. His acts were grand 
and far-reaching, considering what it meant to 
the lovers of outdoor recreation in search of 
game. 
When the legislators first met they were, if 
not a certain majority, at least sufficiently in¬ 
fluenced by the sections that for time imme¬ 
morial have fought with vehement potency every 
attempt to secure legislation for game protec¬ 
tion. The battle cry that at first raged through 
the House was, repeal the game law. Fortu¬ 
nately for us every member had a pet game bill, 
and it met a reverse on presentation. Trying 
with all the influence they possessed to secure 
its passage, but failing, they diverted their atten¬ 
tion and in a spirit of revenge began an attack 
on Game Warden Tolerton, who has so faith¬ 
fully and efficiently performed his duties. They 
directed an investigation of his office. A very 
superficial investigation was held by the Senate.- 
On the committee that it appointed were placed 
two who were prejudiced by the fact that their 
own pet bill abolishing the office of the game 
commissioner had met defeat. They began an 
investigation that for method of procedure was 
similar to that of a prejudiced prosecution. The 
game commissioner was not permitted to be pres¬ 
ent, and even the established custom in all courts 
of equity, that of being allowed to cross-question 
the witnesses, was entirely denied him. Every 
letter in the game commissioner’s office, whether 
personal or otherwise, was distorted into evi¬ 
dence of malfeasance in office. The report of 
the investigators recently showed nothing, but 
rather suggested by its bold accusations that they 
had only one way to make atonement to the 
public as an excuse for such a farcical trial—to 
find the official guilty on about every count 
without submitting any facts to prove it. Their 
findings were submitted to their brother mem¬ 
bers in the House and showed that the investi¬ 
gation was held for the single purpose of get¬ 
ting the scalp of Mr. Tolerton. 
In the meantime the demands from the public 
at large became insistent for the usual appropria¬ 
tion. Realizing that it would not be well to 
deny their wishes, the Legislature made the 
paltry appropriation of $qo,ooo to carry on the 
work during the next two years, with a rider 
spitefully attached that none of this appropria¬ 
tion could be used while the present game war¬ 
den (Mr. Tolerton) was in charge; in other 
words, a forcible demand for his resignation. 
The report of the political minority was very 
flattering to Mr. Tolerton; in fact, on account 
of its fairness, should have been the accepted 
finding, for none on this side had any pet bills 
to fight against or for game laws. 
Again comes the Governor to the front, and 
in a masterly manner tells the Senate that he 
appointed the present warden, and as long as 
he, the Governor, was in office, Mr. Tolerton 
would stay. He had the power to appoint and 
would ignore the decision of the Senate, for 
Mr. Tolerton had, as every one knew, performed 
his duties faithfully and effectively, and until 
evidence to the contrary could be brought he 
intended to keep him in his present office. In 
this decision Governor Hadley met the appro¬ 
bation of every sportsman in the State. 
While they have made a small appropriation 
it will seriously affect the efficiency of his de¬ 
partment, as it cuts down the number of deputies 
to one in each congressional district. 
Having had the good fortune to be connected 
with the department of Mr. Tolerton and travel 
through every county in Southeast Missouri, I 
was in a position to appreciate the efficiency of 
his methods in stopping violations and restor¬ 
ing the fields and streams of the State with game 
and fish, so the action of this tribunal could be 
felt in its full absurdity. J. B. Thompson. 
County Laws. 
Hendersonville, N. C., March 27.— Editor 
Forest and Stream: Since my last letter to 
you, our Legislature has “quit,” and again it 
passed a job lot of county game laws, and we 
in this county have our share. 
This county has the privilege (?) of shooting 
during January and February, and during those 
months it is explicitly stated quail can be bought 
and sold in the county, but not sold outside the 
county, and a non-resident tax of $5 is charged 
sportsmen of other counties who are not prop¬ 
erty owners in it. I wrote our representative 
requesting him not to carry through this.bill, 
but to support the Dillard bill, a State measure, 
but he got it through, anyhow. 
It may possibly be that after our game is all 
destroyed that we may be able to induce our 
Legislature to look at the game proposition as 
something of value and admit, when too late, 
that no system of county game laws is worth 
the time lost in making them. It is said that 
this State has passed more game laws than all 
the rest of Uncle Sam's broad domain. Most 
certainly, unless we can in a very few years get 
a fair law passed for all the State, the game, 
more especially the bobvvhite, wi.l follow the 
wild pigeon. 
The destruction may not be complete, but the 
birds will become so scarce that they will seldom 
be seen. 
The experience of sportsmen and those who 
study conditions in the field counts for nothing 
with the Legislature. If we could have a State¬ 
wide law making the open season from Nov. 15 
to Jan. 1, or if we must have two open months, 
then Nov. 1 to Jan. 1 and a bag limit not over 
twenty or twenty-five, presumably I would be 
satisfied with fifteen, and a resident tax. But 
think of January and February, when the birds 
find it hard to exist and they are shot until then 
on all sides of us; all the counties surrounding 
us to contribute to the destruction of our birds. 
And a county license of $5 against other coun¬ 
ties! Naturally, what will other counties do 
when the next Legislature meets? 
A closed year entirely would have been better 
for us than our new law, yet I feel quite sure 
a reasonable law, with bag limit, and resident 
tax for all the State, is the thing we need. 
In our State it looks to me like it must be 
every county for itself “and the devil take the 
hindmost” in passing .game laws that must act 
as boomerangs. Ernest L. Ewbank. 
Kill the Pernicious Long Bill. 
Rochester, N. Y., April 8 .—Editor Forest and 
Stream: As chairman of the legislative and law 
committee of the Western New York Sportsmen's 
Association, I desire to call the attention of all 
the sportsmen in the State to the possibility of 
the Long bill—so-ca’led—being passed, permit¬ 
ting persons on Long Island to shoot ducks and 
wildfowl until April 1. 
This bill has already very unfortunately and 
through a misunderstanding on the part of some 
of the Senators, as alleged, passed the Senate by 
one majority, as I am informed. It is now in 
the Assembly, and has once been defeated by a 
majority of seven votes against it. Thereupon 
the bill was laid upon the table and now, as I 
understand it, is in a position which will admit 
of its being called up at any time and a vote be 
taken. I desire in this communication to request 
every sportsman throughout the State to at once 
write his Assemblyman to be on guard against 
the passage of this bill by the Assembly. No 
sportsman and no right-thinking man who has 
a drop of sportsman’s blood in him should 
neglect this matter. For ten or fifteen years 
past this same bill or one similar to it has been 
before different Legis'atures, and in every in¬ 
stance has been defeated. This year one branch' 
of the Legislature, most of whose members are 
new in office and unaware of the past annual 
controversy in regard to this same subject, has 
voted for it, not appreciating the effect of their 
vote. The proposed bill is one of the most per¬ 
nicious ever introduced in relation to waterfowl. 
It is proposed by this bill to permit shooting 
down to the time these birds are practically on 
their nests, reproducing their kind, after they 
have been shot at for a period of three months 
and over. 
These birds are God given creatures. They 
do not exist by the grace of man, but rather in 
spite of man. Shall they be allowed to be ex¬ 
terminated as was the passenger pigeon, and as 
practically the prairie chicken, and some of our 
game anima’s have been? Shall we be aroused 
when it is too late? This bill, which is against 
decent sportsmanship, can be defeated only by 
your prompt action. Write your Assemblyman 
at once to vote against the Long bill, known as 
Senate Bill No. 9, House No. 2, introduced by 
Frederick Sheide. John R. Fanning. 
