Los Angeles herald., 1909-09-29

ly publishes the following. This may
be a good tip for those who are in the
habit of lining the roads between the
various preserves:
"At last the people of Newport
Beach and vicinity will come into a
right to hunt on the upper bay, which
they have been prevented from doing
the past two winters by the machina-
tions of the fish and game commission
of the state.
"The matter was taken UP by the
chamber of commerce of this city,
which, after bringing every pressure
to bear on the fish and game commits
sion. received a letter from General
q Gorge Stone, head of that body, stat
ing that the commission was very
sorry the people of Newport Beach
did not want the ducks protected in
this vicinity. The letter went on to
say that the deputy wardens would
be instructed not to molest any one
hunting on that portion of the bay
not belonging to Mr. Irvine, but not
to allow anyone to go on lrVine's
property to pick up a dead duck or
scare the live one off.
"There are a couple of points to the
letter that are apt to provoke at least
a smile. One is that the people of
this vicinity do not want the ducks
protected The ducks have been safer
than If they were in Mars the last
few years with a wire separating the
game preserve from the San Joaquin
Gun club and with every gun club
on the coast feeding them barley and
other grain until shooting them would
be about as much sport to real
sportsman as shooting barn fowl.
"It is a lamentable fact that the
ducks have been protected in the
southern part Of the state for the
ficb
and game commission has done all
Within its power to assist in so doing.
1.-THE general states in his letter that
he would instruct Mr. Irvine to fence
off that part of the bay claimed by
him. We hardly think Mr.. Irvine will
care to put a fence across what is un-
doubtedly navigable water after he
reads the law governing the case, an
article on which will be found else
where in this issue. If such fence
is built anyone wishing to cross it
with a boat will have a perfect right
to cut it,
"With practically all the rest of the
good duck grounds in the control or
the rich gun clubs, the chamber or
commerce of Newport Beach has maze
long and earnest fight to keep upper
Newport bay open to the public.
"A test case was first framed UP IN
which the game warden was taken to
the upper bay with a party of when
Bert Lester was to kill the duck ana
he arrested. But according to accounts
of the incident which we have at mana,
Lester was unable to carry out his part
OF the program on account of his poor
Workmanship, being unable to hit
duck. Fred T3eckwith killed passing
duck and the warden was not looking
thinking it was Lester who fired the
shot-promptly placed him under ar
rest. At the trial, which took place
in santa Ana, the case was thrown out
of court on a technicality on account
of the preserve not being properly
posted.
Last winter the case was taken up
in the California legislature. Assembly
man Richard Melrose of 'Anaheim TAX
ing up the cause for the people in
very able manner, and succeeded in
having passed bills declaring Newport
bay navieable water and forbidding the
establishment of a game preserve on
navigable water. But the preserve on
Newport bay was already established,
and as law cannot be made retroactive,
the game preserve was to stand until
the lease expired, unless the fish and
game commission, did something to can
eel the lease.
Newport bay, which broadens out
into a broad lake or lagoon between
this city and Santa Ana, is one. of the
most famous places for water fowl in
Southern California, and those who are
notable to own a membership inl
gun club will now have a place where
| they can stand some show to bag
string Of ducks"