The San Francisco call., 1895-10-15
| WANT SOUTHERN QUAIL.
The Country Club in a MuddIe
With the San Diego
Authorities.
A Trapper Arrested for Netting
Birds for the Marin County
Preserve.

The Country Club, a gentlemen's sport
ing organization, has got into a tangle
with the peace officers of San Diego
County. Nearly all of the members of the
Country Club are residents of San Fran
cisco and the neighboring towns, and their
preserve and clubhouse is in Marin County
on the Shafter- Howard estate.
On September Austin @. Tubbs of 411
Front street, the chairman of the game
and fish committee, sent a letter to the
Fish and Game Commissioners, stating
that the club wanted to secure 100 dozen
live quail in San Diego County and Lower
California for propagating purposes, the
birds to be liberated on the Marin County
preserve. he was told that the Commits
sioners could not give the permit, which
would have to be obtained from the Game
Warden of San Diego County. Mr.. Tubbs
evidently obtained the permit from the
Game Warden of that county, and he Sc
cured the help OF E. S. Babcock of the
Coronado Hotel to net the birds. Bah
cocks man went to work, and after he had
trapped large number he was arrested
for violating the game laws.
The arrest OF the quail-trapper has
brought about a decided tangle and con-
siderable correspondence. Babcock first in
formed A. @. Tubbs of the Country Club of
the arrest. This letter had hardly reached
Mr.. Tubbs before the Fish Commissioners
were made aware of the arrest by letter
from a. d. Jordan, prominent attorney
OF San Diego. He wrote as follows:
SAN DIEGO CAL, Oct IL.
To the Honorable Board of Fish Commission.
ers OF dttfoTnfd-GENTLEMEN: We have E, S.
Babcock in the tolls again for violation of the
game law. to wit, netting valley quail by the
wholesale. The capture and the evidence is so
complete that they will not deny it, but claim
to be catching them for aVafinn nd haua
permit from the fellow that was appointed
Game Warden here. presume the permit was
dated back to suit. The propagation dodge is a
tract OF land known as North Island, and is
also doing business for so-called club of some
kind.
Just before open season commences and be-
fore game has been thinned out by sportsmen
ne sends out his METERS and captures quail by
the wholesale and is prepared, as in this case,
b1l1ties are that most of the quail find their
way into the lardeF of the Coronado Hotel,
also under Babeock's management. and what
rev md their way to North Island become q
source OF revenue by being shot at the rate of
20 TO $lO per day, and 1t is very doubtful If the
captured birds ever have chance to breed.
There is q rumor that he has obtained the
influence OF the commission to assist him out
OF his net in this matter, but hope it is not
True, as those who are trying to preserve the
game OF this county have nothing but the sat
lstacuon OF doing so as compensation for their
toll. Yours, A. d. JORDAN.
The Commissioners are anything but
pleased at being placed in this false posi-
tlon. Under the present law they cannot
issue permit to any one to trap quail for
any purpose, as shown py the law, which
reads:
63l. Every person who shall at any time net
or pound, cage or trap any quail, partridge or
grouse, and every person who shall sell, trans
port, or give away, or offer or expose for sale,
or nave IN his possession any quail, partridge
or grouse that has been shared, captured or
taken by means of any net or pound, cage or
trap, whether taken in the State of California
or shipped into the State from any other State,
territory or foreign country, is guilty of mis-
demeanor; provided, the same may be taken
for the purposes of propagation, written per-
mission having been first obtained from the
Game Warden OF the county wherein said birds
are taken.
AS evidence that they are not "standing
in" with Mr.. Babcock they point to the
| fact that last spring they caused his arrest
| for violating the law by having 200 quail
| in cold storage. These quail were seized
and donated to several charitable institu-
| tious. They are of the opinion that Mr.
Jordan has not properly interpreted the
law and that he is also in error in suppos
| ing that he could stop quail shipped into
| this State for propagating purposes. L
the birds were put Into the hands Of an