The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-28
Metropolitan Nimrods Devise a
Means of Outgeneraling
State Law.
NEW PHASE OF THE DUCK WAR
How Hall McAllister and Mr.. Lake Say
They Were Rudely Deprived
of blind"

Hunters of SOlano County who dwell IN
and about Benicia hold that the Suisun
marsh is the common hunting ground of
humanity, and that all persons, without
regard to caste or coin, are privileged to
take a shot there at a duck or dude.
When the southeaster comes the ducks
1v high and fv low over the marshes, and
the Benicia sportsman in quest OF the
winged game halts not at the presence of
the gilt-edged city club but roams on the
marsh wherever be pleases. Occasionally
encounters occur between city club men,
bers and the resident hunters, but the past
records of shooting show that the casual
ties are all on the side OF the city hunters.
The sportsman born and bred in sight of
the marsh likes to vary his sport by taking
a shot now and then at the hunters
from the metropolis.
For many years the hunters OF San
Francisco and Oakland have been trying
to establish preserves for their own special
use, and the attempt to introduce this
custom in the domain of Solano
County has caused much of the existing
strife Failing in the State courts to get a
full acknowledgment of property rights
and a full measure of protection in the
enjoyment OF their possessions, quite
number of metropolitan nimrods organ
lied the Ibis Gun Club and incorporated
under the laws OF Colorado. Thus incor-
porated, the club. which is IN fact COM
posed of Californians, is able to proceed
against Benicia tire spassers in the Federal
courts, and will doubtless secure the as
sistance of Deputy United States Mar
shals to stand off the wide-ranging sports
men of Solano County.
Yesterday in the Circuit Court of the
United States, Ninth District, Judge
Beatty granted a temporary injunction
in favor of the Ibis Gun Club to restrain
Bernard Devlin, Edward Geary, David
Beveridge, William Greenwood, ]. L..
Hughes, E. NJ. Wilson, V. Harner, Allen
Hathaway, Edward Morton, A. Dalton, R.
L. Eaton, John Lee and John Lee Jr.,
members of an unipcorporated association
known as the Mallard Club, from trespass-
ing on the premises of the Ibis Gun Club.
The respondents are required to appear
before the court on January 80 to show
cause why they shoulG not be permanently
enioined.
Complaints and affidavits were sub
mitted by Charles P. Eells, solicitor for
complainant The affidavits, if not rich
and racy, are readable, inasmuch as a
number of witnesses swear to the agrees
i've activity of the Benicia hunters.
James II. Brundage, steward OF the
Teal Club, mentions R. J. Sorger,
Frederick English of Oakland, V. Harrier
of Vallejo, Charles Dietz, Lloyd Eaton,
Robert Van Norden and Donald McCrea of
San Francisco and Bernard Devlin of
Benicia as members of the Mallard Club.
He swears that the Mallard Club is
avowedly and confessedly a poaching
organization, formed for the purpose of
shooting upon other peoples property and
in defiance of the owners wishes.
Franz Van Peet, head keeper of the Ibis
Gun Club, fires an affidavit into the con-
troversy. He swears: "That on one occa-
sion, when John NJ. Orr and n. H. Nc
Allister Zone OF the members of the Ibis
Gun Club were shooting on the lands de-
scribed in the complaint, two men, namely,
Geary and Eaton, came from the Mallard
Club ark, and likewise stood within o few
yards Of McAllister and within gun range
of Orr, and by boisterous shouting and
shooting of guns drove away and disturbed
the game for several hours, for the avowed
and expressed purpose of destroying the
sport of said McAllister and Orr"
1t is further set forth in the affidavits
that John Lee of the Mallards has main
tanned in the Cordelia Slough a yacht,
namely, the Frolic, and has the steam
launch Bob as a tender. Parties from the
yacht are accused of invading the Ibis Gun
Club possessions and of refusing 10 de-
camp when ordered to leave.
Affidavits of John M. Orr and NJ. Hall
McAllister tell OF instances of invasion
by the Mallards. On one occasion Hall
McAllister took his friend. F. B. Lake, to
the marsh as guest of the Ibis Gun Club.
A good, nice blind in the marsh was
specially reserved by Mr.. McAllister for
his guest, Mr.. Lake; but to the utter
amazement of the host and the guest they
found the reserved blind occupied by
the defendant Mcdonald and one Collins.
The conclusion of the story is thus told
by Hall McAllister in his own affidavit:
"Said Collins and Mcdonald refused to
abandon said blind or shooting stand when
requested 10 do so and rudely and violently
persisted in remaining there and shooting,
excluding said Lake therefrom. That af-
fant himself went to said Mcdonald and
Collins and expostuated with them and
they refused to go away or TO, allow said
Lake to shoot, and they persisted in re-
naming there for several hours"
1t is not in the affidavit that any of the
Benicia crowd said, Lake shoot or give
up the gum" and furthermore is not stated
what Lake and McAllister did for pleasure
when Mcdonald refused to vacate the
blind.
Some OF the Benicia people involved in
this controversy and affected particularly
by this injunction are quite well known.
Mr.. Dalton is the editor of the Benicia New
Era, Bernard Devlin is a Supervisor of
Solano County. E. NJ. Wilson was formerly
Treasurer OF the county, AMI T. Pico is pro-
prietor of the Palace Hotel at Benicla.