28 THIRTEENTH REPORT OF THE FOREST, FISH AND GAME COMMISSIONER.

few if any fish. When the great value of the fish annually consumed by the people of the State is considered, to wit, not less than $44,000,000 worth, it is readily seen how important this branch of the service is. Without a reasonable amount of forest area we could not hope to have much water and that would not be of the right temperature to sustain fish life. Without forests we would have no home for the game birds or animals, or breeding places for either. Without forests, which are equalizers of temperature, our State would be less desirable as a place of residence and much less beautiful to look upon and to enjoy. Without forests and a reasonably constant supply of water in the lakes, ponds, and streams the agricultural lands of the State would be more or less injured. This is illustrated by the arid lands of the West. They are not productive they are practically worthless. With water poured over them and trees planted, those arid lands would become the most valuable producing lands of the country. A country without trees is, in a sense like a house without a roof — uninhabitable. The history of China, Italy, France and other countries in this respect very clearly points out the necessity for the preservation of the forests and the conservation of the water supply of the State. The results obtained during the last fiscal year have been very encouraging. will of all the people of the State in supporting and enforcing the laws in relation to forests, fish and game has been shown by their active co-operation and a general, healthy public sentiment which seems to have grown rapidly all over the State in this respect.

The good

The Legislature has come to the aid of the Department in all particulars at all times and we feel that it fully appreciates the importance of the whole subject. We sincerely trust that its aid and support will be given as heretofore to the end that the best results may be obtained in this very important work.

All of which, with the reports of the various heads of Departments which are hereto attached, is respectfully submitted.

JAMES S. WHIPPLE,

Forest, Fish and Game Commissioner.

THE

HE law directs the Commissioner to "annually report to the Legislature the proceedings for each year * * * with such recommendations as he deems proper."

Herewith is submitted the Fourteenth Annual Report of the Forest, Fish and Game Commission, with such suggestions for changes in and amendments to the law as conditions seem to warrant. It is with pleasure, as well as in compliance with law, that we report and call attention to the work of this Department during the year 1908. Progress along every line has been reasonably satisfactory. A comparison (failures and successes) with the work of the last decade is invited. In that way the steady improvement during the year 1908 can best be understood. Much has been done; there is yet much to do. With all that we have accomplished, we are far, very far, from the goal toward which we started when this Commission was established.

Attention is respectfully directed to the results obtained during the past year, which indicate to the Legislature, in a material way, our appreciation of the prompt and willing support given through its enactments and appropriations. We desire to thank the press of the State for the endorsement and dissemination of useful information in relation to the work of the Department, and all our people who have generously and intelligently united in enforcing the law and in protecting the forests, fish and game of the State. The subject matter over which we have jurisdiction is so widespread, so difficult to handle, that without the hearty co-operation of the

Legislature, the press and the public, progress in the work would be much slower. Therefore, we desire to record our sincere thanks in one of the first paragraphs of this report and do hereby make acknowledgment of the valuable assistance received from all.

It will be remembered that in 1908 there was a thorough overhauling, revision and rearrangement of the Forest, Fish and Game Laws, which comprehended several new and important features. The law was simplified, strengthened and much improved. It was made general, except in a few instances. Among the many new features embodied in the revision, the two most important relate to the Marine Fisheries Bureau and the hunting licenses. It was demonstrated within six months from the enactment of the new law, that the new features were fully justified; that they would accomplish the objects sought.

The Marine Fisheries Bureau has been placed on a self-sustaining footing, a better control and regulation of State lands under water obtained, fairer prices and rentals secured for land occupied, and means provided for the proper and safe sanitary inspection of shellfish, to the end that consumers of shellfish may know that this product, so generally used for food, is clean and wholesome.

The Hunting License Law, in the short time since its enactment has, by results obtained, been justified a hundred times over. Some of the objects sought by the enactment were:

First — To eliminate the old non-resident law, which was retaliatory; therefore, unequal in the amount charged residents of different States, and absolutely unenforceable and inoperative.

Second To prevent a certain class of aliens and non-residents, thousands of whom use guns indiscriminately, killing at all times any and every kind of bird.

Third

To do as all other States in the Union, except three, have done; make those persons who receive all the benefit from protection, contribute each a very small sum, to be used in the end for propagation, protection of game and enforcement of the laws.

Fourth To better protect human life from the novice with a gun. It is probably more than a coincidence that the record of fatalities last year was considerably lessened. How much the Hunting License Law was

justified is shown by the fact that it has stopped almost entirely the promiscuous use of guns by foreigners along our railroads, public works and near populous communities. It undoubtedly has done more in a single year to save song birds, birds of plumage and insectivorous birds — those vital factors in the preservation of plant life than all the combined Audubon societies have accomplished. I say this with due regard for the valuable work being done by those societies. It has served materially in enforcing the Hunting Law, because it gives every one a right to know and find out whether the law is being violated or not. Many have taken advantage of its provisions, availing themselves of the opportunity to find out. It has yielded, without being a burden to those who use a gun, a total revenue of more than $115,000. This will materially assist in furnishing means to establish a farm for propagating game birds, for restocking depleted covers, to provide additional protection for forests, fish and game, and to help conserve all of them.

The Hunting License Law has come to stay. It will result in great benefit to all the people. After a fair trial no one would think of trying to get on without it, and he who suggests doing so will be looked upon as an enemy to game protection. Such is the history of the law wherever it has been put in force. In the revision there were a few minor omissions which were oversights, and a few objectionable things crept in because of many opinions. Yet, on the whole, it undoubtedly constitutes the best code of laws ever constructed for the purpose, and for which the Legislature of 1908 is entitled to great credit. It is the result of our experience and a careful study of the laws of other States and nations. In the judgment of the Department it should not be changed or amended, unless it can be very clearly shown to be radically wrong.

The forestry article, on account of proposed reorganization of the fire fighting service, may need amendment. An examination of the reports of the last three years will show the constant annual improvement along every line of work with which the Department is charged. The service, in the judgment of heads of departments within the Commission, has been radically and beneficially improved. On the whole, much better service is rendered by the entire complement of employees. Many changes have been made in the force of protectors. The field has been divided into seven sections,

and an assistant chief protector placed at the head of each division, who is responsible for the work in his section. There is greater respect for the law among the people, and more assistance rendered by them in its enforcement. There is a marked decrease in violations, and the value of reasonable protection is much better understood. Nowhere is this improved condition more noticeable than in the lesser number of trespasses on State land. The total amount from all sources for each of the last five years, collected by the Department, is shown in the following statement:

The large increase in collections for the year 1908 is primarily due to the Hunting License Law and the Marine Fisheries Law. The Department is now more nearly self-sustaining than ever before. With proper management of State land, a better utilization and conservation of water supply, use of ripe, down and dead timber, and closely restricted occupation of land for cottage and camp sites, enough money could be saved from that which is now annually wasted, to pay all expenses of the Department, even on a much more efficient plan of service. With the law as it should be, these resources would also yield sufficient revenue to purchase all the additional land the State's interests demand. The methods which should be employed to obtain this much desired result, and the necessity for it, are subjoined under the forestry section. The willful trespasses were less during 1908 than any previous year, aggregating 25; all of them were small. Twentynine old ones, which had been committed prior to 1908, were discovered, such as cutting fire wood, or a tree here and there.

There were 413

The total violations of all kinds during 1908 were 742. former violations undisposed of January 1, 1908, making a total of 1,155 all told during the year. Three hundred and six were placed in the hands of the legal department. Eight hundred and forty-nine were disposed of directly by the Department. Total disposed of, 1,043, leaving unsettled A complete statement of the work done by the legal department will

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