858 
FOREST AND STREAM. 
[Nov. 26, 1910. 
The Pablo Buffalo. 
The question of the proposed buffalo hunt for 
the purpose of killing off the outlaw bison of the 
Pablo herd continues to excite interest in many 
quarters. 
The opinion rendered by Attorney-General Al¬ 
bert J. Galen, of Montana, in response to the re¬ 
quest of State Gape Warden Avarre, is as fol¬ 
lows : 
OPINION. 
“I am in receipt of your letter of Oct. 27, 
wherein you state that information has come to 
your department that one Howard Douglas, com¬ 
missioner Dominion Parks, Canada, proposes a 
buffalo hunt on what was formerly Flathead 
Reservation, for the purpose of killing renegade 
buffalo, which were a part of what is known as 
the Pablo herd. You further state that these 
buffalo were in the possession of Michel Pablo, 
and were ranged and herded by him on the Flat- 
head reservation, he being a ward of the Govern¬ 
ment prior to the opening of the said reserva¬ 
tion, but that also prior to the opening of the 
reservation Pablo disposed of the herd to the 
Canadian Government. From your verbal state¬ 
ment, accompanying your letter, we also under¬ 
stand that a number of these buffalo h^ive been 
shipped to Canada under this sale, and that there 
are now remaining on public range in what was 
the Flathead Indian Reservation, a number of 
wild and unruly buffalo which it was impossible 
to catch or ship. Under this state of facts you 
are advised that in my opinion, notwithstanding 
the fact that the buffalo were subject to private 
ownership when they were placed in captivity 
and under the control of Pablo, that those which 
on account of their wild state could not be suffi¬ 
ciently controlled to allow the delivery to the 
purchaser, and which cannot be brought into and 
held within an inclosure, are under the laws of 
this State wild animals. Your statement of facts 
in the case that the purpose of the hunt is to kill 
these animals on account of the fact that tfiey 
are wild and unruly and cannot be reduced to 
captivity. If such is their condition it discloses 
the very reason why they cannot be killed at all. 
Section 8783, as amended by Chapter 81, Session 
Laws of 1909, reads as follows: 
PENALTY. 
“ ‘Any person who wilfully shoots or kills or 
causes to be shot or killed any moose, bison, buf¬ 
falo, caribou, antelope or beaver shall be pun¬ 
ished by imprisonment in the county jail for 
not less than six months nor more than two 
years, or shall be fined not less than $1,000, or 
by both such fine or •imprisonqient.’ 
“This statute, of course, does not apply to the 
animals named therein when they are reduced 
to captivity and made the subject of private 
ownership aand kept in control and confinement 
by the owner. Section 4423 of revised codes pro¬ 
vides that animals wild by nature are the sub¬ 
jects of ownership while living only on the lands 
of the persons claiming them or when tamed or 
taken or held in possession or disabled and im¬ 
mediately pursued. 
“It is, however, clear that the property in these 
wild animals is qualified and dependent upon 
their remaining in the possession of the owner, 
and when these buffalo got out of the possession 
of the owner they remain private property only 
so long as it is shown that they had at all times 
had the intention of returning to the pasture or 
home in which the owner usually confined them. 
PRECEDENT. 
“In an opinion addressed to your predecessor, 
W. F. Scott, date of Dec. 18, 1906, and found in 
Opinions of Attorney-General 1906-1908, page 8, 
the statutes and a number of authorities are cited 
upholding the views herein expressed. 
“I respectfully call your attention to this opin¬ 
ion as an expression of my views with regard 
to the question now under consideration. 
“You are advised that in my opinion the 
slaughter of these wild animals which cannot be 
captured or confined, and which have not the 
animum revertendi are subject to the protec¬ 
tion of the game laws of this State, and that 
your department should take steps to prevent the 
killing of these animals and the punishment of 
any person or persons guilty of any violation of 
Section 8783 as amended above referred to.” 
As has been frequently said, the buffalo sold 
to the Canadian Government by Pablo were to 
be delivered into the purchaser’s hands, and in 
these animals that it has not been possible to 
deliver and that are still running at large, the 
Canadian Government has no property interest. 
They are either, if controllable, the property of 
Pablo; or, if wild, the property of the State. 
Mr. Avarre some time ago sent his deputy, 
Dougal McCormick, to see Pablo and to serve 
notice on him and others that the buffalo should 
not be killed. Mr. McCormick made the trip and 
saw Pablo and Charles Allard, the son of that 
Charley Allard who was Pablo’s partner in the 
original herd. Mr. McCormick is quoted as 
follows: 
“My visit to Michel Pablo and Charles Allard 
to carry out the orders of State Game Warden 
Avarre was pleasant. No buffalo will be shot 
at present. I do not believe that the Canadian 
Government will ever shoot any. Such a per¬ 
formance will bring trouble to those engaged in 
it from several ways. Mr. Pablo is very reason¬ 
able in his views of the matter. He wants Game 
Warden Avarre to visit his place and investigate 
for himself. Personally I believe something will 
have to be done with the old bulls, for they can¬ 
not be confined, and have become very danger¬ 
ous. If they were out of the way, the rest of 
the herd could be handled.” 
Pablo in talking over the matter is' said to 
have denied many of the things that have been 
reported about him. He is quoted as saying: 
“We had never planned any such killing as has 
been reported. I don’t consider that the Cana¬ 
dian folks have anything to say in regard to the 
buffalo, anyway. They have violated their con¬ 
tract with me and the animals that remain are 
mine. The ones I wanted to kill are old and 
mean, and it is dangerous to have them at large. 
The young cows I would like to place in the 
Bison Reserve if I can make some arrangement 
with the authorities. I have not made any ap¬ 
plication yet, but I had intended to take up the 
matter soon.” 
The transfer of these outlaw buffalo to the 
Montana Bison Range near Ravalli is probably 
quite as impracticable as to capture them for 
delivery to the Canadian Government. There 
may, however, be some animals in the bunch— 
which is reported to contain seventy-eight full 
bloods—which can be handled. 
The number already delivered to the Canadian 
Government at Edmonton is said to be over 700, 
besides those of the Conrad herd, seventeen in 
number, recently reported sold. 
New York State Sportsmen’s Association 
New York City, Nov. 17. — Editor Forest and 
Stream: The New York State Sportsmen’s As¬ 
sociation has issued a call for a special meeting 
to be held at Syracuse on Saturday, Dec. 10, at 
10 o’clock a. m., for the purpose of discussing 
game, its protection and propagation. The fol¬ 
lowing subjects will be discussed: 
The dissolution of the present Forest, Fish and 
Game Commission, creating in its stead three 
separate and distinct departments; a tax for fish¬ 
ermen as well as gunners; that all fees so col¬ 
lected be devoted entirely to the interests of fish 
and game; that every man in this State who acts 
as a guide be licensed and sworn in as a special 
deputy game warden or protector, and while 
guiding that he be not allowed to carry a gun 
or kill game; that a daily and season limit be 
placed on all kinds of game; the federal control 
of all migratory game birds; that reservations 
be created for migratory wildfowl and bay birds; 
that artificial ponds be created on State lands 
and proper food planted therein for wildfowl 
and other game birds; that telephone and tele¬ 
graph lines be compelled to string' their wires in 
cable form. 
It is to be hoped that every gun club and 
every gunner in this State will take an active 
interest in this matter, so that intelligent and 
practical game laws can be recommended. 
John H. Hendrickson. 
Greenfield Sportsmen’s Club. 
Greenfield, Mass., Nov. 17.- — Editor Forest and 
Stream: The annual meeting of this club was 
held to-night. In his speech Fletcher Osgood, 
president of the Massachusetts Gunrfers’ Asso¬ 
ciation, referred to the efforts made to stop all 
shooting in the State, and urged the 50,000 gun¬ 
ners of the state to organize to combat the move¬ 
ment. 
Ex-President L. A. Newton urged the need 
of a better understanding between the shooters 
and the landowners, the posting of whose lands 
is increasing rapidly. 
Colonel F. E. Pierce said he believed the in¬ 
crease in posting was due to the new open sea¬ 
son for deer. If the practice continued he 
thought it might be well to advocate an extra 
tax for posted lands, they being more valuable 
in consequence of protection; the owner to meet 
the extra assessment by charging hunters a fee. 
A large number of sportsmen from Franklin 
and other counties were present. G. H. G. 
A New Trial Ordered. 
The Appellate Court, Third Division, at Al¬ 
bany, on Nov. 16, handed down a decision in the 
suit of the People vs. John Redwood, of Bay- 
pond, manager' of the Rockefeller preserve 
in the Adirondacks, for hounding deer. The 
Franklin County Court ruled that the State had 
no cause of action, and this decision is reversed 
and a new trial ordered. The defense contended 
that the anti-hounding law was unconstitutional 
because it prevented the hunting of foxes and 
other destructive animals. 
