60 FOREST AND STREAM. [Feb. 7, 1889.
SAIBL1NG IN STERLING LAKE.Y
C1ALED0NIA, N. Y., Jan. 30.—Editor Forest and
i Stream: In your last week's paper (Jan. 24) I notice
an article on "Sainling in Sterling Lake." I saw one of
the fish mentioned and took it to be a hybrid trout, one of
tbe many crosses made at the New York State hatchery
at Caledonia, a cross between the salmon trout (namay-
cush) and our native brook trout. I still have some
doubts about its being a saibling. and wish to ask if saib-
ling were imported before 1887, and if the importation of
that year did not all die? They have a few at the New
York State hatchery, Caledonia, of importation of 1888,
and they are doing nicely. J. ANNIN, Jr.
[In order that the readers of Forest and Stream may
contribute additional information about the acclimatiza-
tion of the saibling in the United States, the Com-
missioner of Fisheries has enabled us to present the
accompanying illustration, made -from the specimen
obtained in Sterling Lake and described in this paper
Jan 24. It is a very difficult matter to robtain accurate
knowledge of the success or failure of fishcultural
experiments, and the codperation of the people in-
terested in such measures is earnestly requested. Fish-
culturists and anglers familiar with the trout will see at
a glance that the fish herewith shown is not a hybrid be-
tween lake and brook trout. That cross was described
in these columns Jan. 17, and it is very different indeed
from the saibling. The latter species seems to have made
its appearance in the United States Jan. 22. 1881. 60,-
000 eggs were forwarded from German v and received
for the U. S. Fish Commission by Mi'. Fred Mather, who
sent them next day to Mr. A. H. Powers, at Plymouth.
N. H. The eggs hatched Feb. 28. Mr. Powers deposited
30,00 fry in Newfound Lake on May 18. Some were
retained at Plymouth, we believe, for Col. Hodge took
about 600 eggs Dec. 3, 1883. There has been some dis-
tribution of saibling evident^, and we want to find out,
if possible, where they were liberated. In this our
readers can help us and we hope they will. In the mean-
time the saibling from Sterling Lake is in the National
Museum, where it can be examined bv any one who
wishes to see it.
THE OPEN WINTER AND FISHING.
seotion 12, article 1, of the constitution of Ohio: "No conviction
ah&1 for,k corruption of Wood or forfeiture of estate."With all due deference to the opinions of our learned state
official, I must bog leave to differ with him. Lawyers sometimesdo differ in their construction of the law. I would not appear
in this case m opposition to the at tornev-generaPs opinion, hut as
hsli and same commissioner, I have in my possession some sixty
fishing nets confiscated under the law; in several cases BUits are
pending in the courts for their recovery by the owners, and since
the promulgation of the attorney-general's opinion, I am beset
with claimants, through their attorneys, threatening suits unless
1 surrender the nets. These people look upon tho opinion given
by the attorney-general as the end of the law, and say to me,
that ' as the law has been decided against me, it is only wilful-
ness in me to withhold restitution, as if the affix of attorney-
general to an opinion added weight to its logic.
"No conviction shall work corruption of blood or forfeiture of
estate."
Tlie English statutes declared an estate to be the entire holding
of the subject real and personal within the realm, and on convic-
tion for state and other offenses the estate of the accused was
forfeited to the crown. This system in the old world led to unjust
aad groundless prosecutions. A subject becoming inimical to the
sovereign could be seized, tried, convicted and his estate forfeited
whether right, or wrong, by a court whose tenure was the will of
the sovereign, and who were willing tools in the hands of a mas-
ter who was to be enriched by their act. To strengthen the arm
of power these forfeited estates were given to favorites, who
became the titled lords of the land, and who, in many instances,
thus received the benefits of their own corrupt conspiracies and a
no less corrupt court. English history is full of these examples.
The best Irish estates to-day are held by favorites of English sov-
ereigns, forfeited for no other reason than that their owners were
loyal to the land that gave them birth. It is no wonder that our
republican constitution should declare that convictions should
not work corruption of blood or forfeiture of estates. It is a blow
at the corrupt systems of monarchy.
But it does not mean that offenders shall go unpunished or
allowed to bold an estate in the implements with which they
have committed offenses against society, and against laws de-
signed for the public good. It does not mean that the counter-
feiter shall hold an estate in his moulds and presses, by means
of which he has preyed upon the public, nor the highwayman in
his slungshot, his stiletto and his revolver. These under our
laws are forfeited in the courts every day. The implements with
which an offense is committed become part, and parcel of the
offense, without which there would be no offense. The offender
may have an estate outside of the implements by which he com-
mitted the offense—of course that estate could not be affected by
forfeiture. Does his entire estate consist in counterfeiting imple-
ments, slungshot, revolvers, and burglar's tools, by which he
carries on his unlawful business, shall these be held inviolate
under our organic law, which declares that "no conviction shall
work corruption of blood or forfeiture of estate?"
The English definition of an estate was evidently the one under-
stood and acted upon by the framers of our Constitution.
I shall not surrender the nets applied for in the absence of any
higher authority than tbe attorney general's opinion. Verv truly,
Emery D. Potter, Commissioner of Fish and Game.
Mr. Fraine has been both conscientious and well informed
in his efforts to preserve the fish in the hues of life. Mr.
Fraine enjoys a high reputation among our leading
sportsmen for his care in securing the data necessary to
make his preparations faithful representations of the
living specimens.
INTER-STATE FISHERY BILL.
INTER-STATE fishery laws for the portection of the fishes
of the Delaware River are now under consideration by
the Legislatures of New York, Pennsylvania, New Jersey
and Delaware, at the earnest request of the Fish Commis-
sioners of those States. In Pennsylvania the fishery bill
was to be considered by the Committee on Agriculture of
the House of Representatives, Jan. 31.
The bill as it now stands is the outgrowth of conferences
between the Fish Commissioners of the States named and is
unanimously reccomuiended by them for passage. Uniform
fishery laws for the Delaware River are urgently needed, to
prevent the destruction of valuable fishes native to that
stream, and to secure good results from the layout of money
by the States bordering on that river for the introduction of
valuable species from other waters. During the summer of
1888 the Pennsylvania Commission, in conjunction with the
U. S. Fish Commission, planted 34,000,000 young shad in the
Delaware between New York State line and Trenton. Until
two years ago such efforts to stock the river would have
been rendered practically useless on account of the innumer-
able fish baskets and weirs which completely obstructed
the descent of the young shad on their way to the sea in the
fall, We have seen the injurious effect of such engines of
destruction in the Susquehanna, above the Columbia dam,
when hundreds of thousands of little shad could be found
lying dead on the wings and apex of the V-shaped traps that
occupied the entire width of the river and extended over
many miles of its length. These obstructions have been re-
moved along the borders of Pennsylvania in the last two
years and good results are already evident. The catch of
shad in the upper Delaware iu 1888 was largely increased
over previous years and rockfish have been more plentiful.
The bill provides for a close season for shad in the Delaware
from June 1 to Jan. 1; also fer the prohibition of net fishing
from sunset on Saturday until midnight on Sunday, giving
the gravid fish a chance to reach their spawning grounds.
The size of the mesh of nets is to be fixed at three inches, or
\}4 inches between knots, in order to prevent the waste of
small fishes which are not of marketable size. The Penn-
sylvania Commission has introduced mature rock bass
\Amhloi>YitcH rttpeMrls) from Lake Erie, and pike perch
(SUsostedion vitrcum) from the Susquehanna. Black bass
have become abundant in the Delaware. Continued arti-
ficial propagation united with wise protection will secure to
this river an ample supply of choice food fishes.
FISHCULTURE IN WYOMING.
\\lYOMING TERRITORY has a fish hatchery about four
V ? miles southeast of Laramie in which Com ruissioner
Louis Miller recently had 382,000 eggs, with the promise of
200,000 additional from the United States establishment at
Northville, Michigan. The hatchery produced about 375.000
fry last year which were planted in various streams through-
out the Territory. Five of the ten counties into which
Wyoming is divided have fish commissioners, and the dis-
tribution is effected through their suggestions. The trans-
portation is accomplished at the expense of the Territory.
As soon as a title can be secured to the land ou which the
hatchery is located an appropriation will be made for en-
larging the establishment and the work will be greatly in-
creased. The following fisb are now on the grounds:
California rainbow trout, yearlings, . . ... 25.000
California rainbow trout, breeders 2,000
Eastern brook trout, breeders. 40,000
Colorado trout 1,000
California salmon 200
Lake trout, four years old 500
Last year Commissioner Miller stocked all the streams
east of the Black Hills as far down as Sybille; 14,000 breed-
ing brook trout and 5,000 yearlings were deposited in the
Big Laramie. The north fork of the Little Laramie was
stocked also. The good results of this work are seen already:
in the Big Laramie these trout have been seen spawning.
The advantages of putting in yearlings and breeding fish
are appreciated, and this policy will he continued. Mr.
Miller has engaged some black bass and "striped bass"
(probably not the anadromous species) for Hutton's and
lone lakes.
RESULTS OF HATCHING WH1TEFISH.
WHITEFISH were reported to be so plentiful in Lake
Erie last year that the fishermen scarcely knew what
to do with them. Seven hundred and fifty tons were .frozen
for shipment by a single firm in Huron, Ohio. Sandusky is
fast becoming one of the great fresh fish markets of the
world. Mr. E. D. Carter, one of the most prominent fish
dealers of Erie, attributes the present prosperity of the
whitefish industry to artificial propagation. Three seasons
ago the fishery for whitefish had become so unprofitable that
he, with others, concluded to abandon it entirely. In 1S86 a
slight improvement was noticed, but now the catch is double
what it was in 1886. This result, Mr. Carter states, is due to
the work of the hatcheries, for the fish are almost without
exception young, weighing about two pounds. The in-
creased catch and the unmistakable character of the fish is
admitted also by many experienced fishermen, and the es-
tablishments at Erie, as well as others in Michigan and Ohio,
now receive the credit which fairly belongs to them. The
prices of fish now are about two-thirds of what they were
m 1885. The catch of whitefish at Erie in 1888 was 2,200-
OOOlbs., an increase of a third over that of 1887.
MARKET FISHES.—We have the following information
about fishes in the markets of Washington, D. C: Jan. 29.
—A few North Carolina shad are selling at 40 to 75 cents
each. The eggs are immature. Young striped bass are
caught in large numbers, weighing from }£ to %lbs., but
larger fish of this species are scarce. Yellow perch are in
considerable quantities, from a very small size to about one
pound; they are full of eggs, which are sometimes sold
separately. Young red snappers, Lutjanus blackfordl,
weighing about one pound or less, are occasionally met
with. The steelhead, or Gairdner's trout, has commenced
to pose as Kennebec salmon, but some dealers do not prac-
tice on the credulity of their customers by selling this cheap
fish at high prices. Feb. 1.—A small lot of so-called white-
bait upon examination proved to consist entirely of small
silversides, Menidia notata, a fish no more to be compared
with the whitebait than the sturgeon to a shad.
LAKE TROUT FOR LAKE GEORGE. -The Albany
Journal reports: "Through the efforts chiefly of Gen, R.
L. Banks, of Albany, arrangements have been made for the
£lanting of half a million of lake or salmon-trout fry iu
lake George during this winter. As the red or square-tailed
WEBSTER, Mass., Feb. 4.—Editor Forest and Stream:
A black bass weighing 5Jlbs. was caught to-day
in the lake here through the ice on a tilt-hook set for
pickerel. It is not unusual here to catch large bass
through the ice in late winter when fishing for pickerel,
but it never happened as early as this. I know- of no
instance where one was caught earlier than March, which
makes the present catch the more remarkable. Would it
indicate an early spring, or was it caused by tbe late fre-
quent rains? The lake has been twice already free from
ice since it first froze over, in December, which is another
very remarkable occurrence. The ice now is only four
or five inches thick. Worcester County.
[The mild temperature affords sufficient explanation
of the activity of the bass. We see it reported that Con-
necticut anglers "expect that trout will be plen tier than
usual this spring because the brooks have remained free
from ice, under which the muskrats easily catch trout, to
them a dainty feed." The effects of an open winter on
the supply of game fishes cannot be safely anticipated.
Ice will not destroy the eggs, it is true, but abundance
of rain will cause high waters charged with a superabun-
dance of mud, which may cover spawning beds and
suffocate young fish. If we could have clear water with
our mild winter the beneficial effect upon the trout
especially would doubtless be very marked. The spring,
however, is the critical period for many of our finest
species not belonging to the salmon family. One result
of the open winter is the disappointment of the pickerel
fishermen, who are almost as down-hearted as the ice
barons over the etherial mildneES ]
THE SEIZURE OF NETS.
IT will be remembered that the question of the legality
of seizing nets used illegally, before they have been
condemned by "due process of law," was discussed by a
New York judge, who gave an opinion that the seizure
was illegal. The same principle is involved in an Ohio
case, and Judge Emery D. Potter, the Commissioner, has
made the following reply to a demand for the restitution
of confiscated nets:
Toledo, O., Jan. 29, 18R9.—S. F. Foote, Esq., Attorney-at-Law:
Dear Sir—Yoars of the lt5r.ii inst., demanding the return of cer-
tain fish nets belonging to Andrew Oatstons and R. C. Morgan,
taken by W. W. Ward, warden for Ottawa county, while the
claimants were unlawfully fishing in the Portage River, in said
county, is received. You, as their attorney, base their claim for
a return of the nets on an opinion recently promulgated by the
Attorney-General as to the constitutionality of the law under
which the nets were seized. My reply below will give my reasons
for not complying with your demand. As there ace Other caSea
of alike character with yours, for their guidance, you will excuse
me for making this communication public.
Section 6968, Revised Statutes of Ohio, amended April 14, 1888,
p. 271, after defining what shall be illegal fishing, says: "No person
shall draw, set or locate any trap, pound-not , seine or any device
for catching fish as in this section forbidden; and any nets, seines,
pounds or tother devices for catching Ash, set or placed in viola-
tion of the provisions of this section, shall be confiscated where-
ever found, and the same shall be sold to the. highest bidder at
public outcry, at a place to be selected by the Fish Commissioners;
and the proceeds of such sale shall be placed to the credit of the
fish and game fund, subject to the warrant of such commission-
ers."
I am told, but I have not seen the text of the decision, that this
clause of the law has been declared unconstitutional by the at-
torney-general of the State. In support of his opinion, he quotes
Greenwood Lake.—The Passaic County Fish and
Game Protective Association, of Paterson, N. J., willtake
steps to improve fishing in Greenwood Lake. There is
little doubt that if tbe bass there were crossed with bass
from some other water the result would be better sport.
The Association has made arrangements for the procur-
ing of a considerable quantity of ba6s at a nominal cost,
and these will be netted as soon as practicable in time to
be deposited in Greenwood Lake before the spawning
season this year. Some time ago the Association ac-
cepted the offer of a hotel proprietor at the lake to furnish
the screen if he would put it in position at the outlet of
the lake. The screen was bought but nothing further
has been done. The Association resolved to have the
screen put in, the cost of which work will be about $45.
The funds of the Association are very limited, having
been expended in the interest of sport as they accumu-
lated. The Association will depend on voluntary contri-
butions from its members and from all interested in the
preservation of sport and the propagation of game to
defray the expenses of the several projects undertaken.
The benefits which will accrue from each one of the
several projects are apparent and need no elucidation,
and the Association has no doubt that sportsmen will
give such assistance as will enable the Association to
carry out every one of these projects. Persons willing to
contribute are requested to inform the secretary of the
amount they will subscribe, so that the work may be pro-
ceeded with at once. Contributors are requested to
designate in their letter to what purpose they wish the
sum contributed expended.
—
Chas. A. Shriner, Secretary
(Paterson, N. J.).
Frogs in January.—Towanda, Pa., Jan. 26,—It is not
often that a mess of frogs can be obtained at this season
of the year in a country where for days the thermometer
registers zero. One day the past week I passed a farmer
acquaintance, who knowing my weakness for the sports
with rod and gun called out: "Say, Will, I brought down
a mess of frogs, and went to show them to you, but, not
finding you in, left them at Jim Nestor's restaurant."
Jim's head waiter produced his miniature frog pond, it
consisting of a second-hand tobacco pail containing about
four inches of water alive with the movement of large
and small frogs. There were twenty-one, running from
half-grown to old residenters, found while torpid in
mother earth about six inches under ground while ditch-
ing through rmrsh an^l meadow. Poking out a big fellow
and phicing him on the floor he seemed as lively and
hopped as far as he could in his native bog in tbe month
of July. Lovers of frog legs have no doubt caused their
destruction before this time.—W. F. Dittrioh.
A Nepigon Trout.—Mr. T. W. Fraine, the Rochester
taxidermist, called at this office on Monday, and showed
us a Nepigon trout of about 3 pounds weight, which he
bad mounted. The attitude of the fisb, plunging down-
ward with the middle fly of the cast in his mouth, is very
artistic and lifelike; the coloring may appear exaggerated
to people who have never seen a Nepigon trout at the
moment of leaving his native stream, but we believe
SAIBLING Yot'Nu Male, 9V.jix. Long. Sterunu Lake, N. Y.
(The line represents one inch of length of fish.)