Focusing on Mallards Part VIII: Game markets in the late 19th century—fast transportation and cold storage

It may be that when the law was enacted, that no such thing was contemplated as that game, killed in the autumn of one year, could be preserved, as in this case, so as to be sold a year afterwards within the permitted period (Phelps v. Racey, 1874, p. 238).

Content Warning: This multi-part blog post contains references to hunting, agriculture, and research practices of killing birds and other wildlife. If you decide not to read on, I respect and admire your choice.

Photograph of a Mallard hen and her downy ducklings exploring a small backyard dragonfly pond. The hen is standing up in shallow water that doesn't reach her chest, while her ducklings are clumped near her in the water, some looking toward her and others showing interest in the pond's stone border.
Photo from the Mallard archive, 2025. Spring is Mallard duckling season, in our tiny suburban dragonfly pond.

[This post picks up where the last left off. For recaps and links to the rest of the series, please visit my Mallard page.]

Unlimited markets for a limited resource

In the final decades of the 1800s, advances in transportation and cold storage expanded market ranges for professional hunters in the United States. Hunters could travel farther, and faster, in search of game. They could ship their harvests to distant markets within hours or days of slaughter, prolonging freshness with ice and/or refrigeration.

Transportation infrastructure was a national priority, supported by massive public and private investment. Rail lines branched and intersected. Paths hardened into lanes and roads. And the waterways thrummed with engine noise.

Sepia-toned image of a long truss bridge over a smooth body of water. The bridge has at least five sections set on stone pilings. A large box-like feature hangs over the bridge's final section, secured within the braces of the tallest truss-element. A bare path/lane runs across the foreground, and a treeline is just visible in the far background.
Photo from the family archive, c.1910(?). Based on its archival context, most likely location is South Dakota.

Cold storage garnered fewer headlines, but gained momentum of its own. Ice markets flourished. Inventors and investors patented cooling devices. Shippers outfitted railcars and boats to transport frozen goods. Spurred by a growing beef industry, Texas became an epicenter for ice production.

With so much infrastructure falling into place, US meat-and-feathers merchants faced a bright and profitable future. All that was needed, to fulfill the promise, was unlimited access to game.

It’s no coincidence that game populations were crashing.

I’m not an economist, but I understand the simple arithmetic of supply and demand. Heavy demand combined with dwindling supply equals increased resource value. And increased value bounces any resource into a complex Venn diagram of economic, social, political, and legal spheres.1 All of these spheres overlap at a historically contentious battleground: regulatory oversight.

Hunters in the Mallard Mine

As I’ve noted before, hunters have always held majority stakes in the US portion of North America’s Mallard Mine. And among the various hunting interests of the 1800s, sport and leisure hunters held majority stakes in legislative bodies. So the regulatory winds, in US branches of the Mallard Mine, blew in favor of sportsmen and against market hunters.

For the sport and against the market. Sounds weird, doesn’t it? Especially in our present (2026, US) context.2 (Maybe it’s not so weird, after all.)

Mallards in the Marketplace

Imagine rolling up to the latest fad grocery chain in search of a freshly slaughtered wild Mallard. Then across to the big-box craft store for a bag of mottled hen feathers (not the cheap domestic feathers—wild-grown only, please). Maybe add an impulse purchase of those expensive iridescent-patched primaries, plucked from a young hen who had been slaughtered, shortly after her first molt, on a production marsh leased out by a hunting conglomerate.

Photograph of a Mallard hen standing in a patch of mown grass in our small suburban back yard. Our wooden fence and a pair of landscape bricks are visible in the background. The primary feathers of the hen's wings are mottled shades of brown, like the rest of her feathers, but with prominent mid-wing patches of bright blue bordered with black and white.
Photo from the Mallard archive. This hen, who visited in 2010, arrived before my Mallard obsession took hold. Check out the blue patches on her wings. In bright sunshine, Mallards’ wing patches glitter and gleam with iridescence.

While it all seems probable enough for dystopian fiction, it’s impossible on an industrial scale. In the US, anyway. Not with today’s populations, both human and duck. Not with our neglected wetlands and wild places—those small, discontinuous, poorly funded refuges in which many wildlife species survive but cannot thrive.

Mallards in the Zeitgeist, 2026

In today’s version of the US, Mallards are scenery, not agriculture. Wildlife, not livestock.

Photograph of a Mallard hen and her ducklings, taken in 2025. Four of the ducklings, in focus in the foreground, are perched on the stone border of the dragonfly pond. The hen was still in the pond, visible in the blurry background, watching over her ducklings.
Photo from the Mallard archive, 2025. Here, four downy Mallard ducklings have climbed onto the stone border of the dragonfly pond while their mother watches from the background.

Wildlife is for nature documentaries; livestock is for grocery shelves.

Yes, sport hunters often (sometimes?) eat their kills. But most of us don’t hunt anymore. Many of us couldn’t afford to hunt waterfowl, even if we had the tradition and urge.

But in the 1800s version of the US, everyone knew a hunter or two. Everyone ate wildlife.

Local market hunters held positions of near-fame. Sawdust-lined crates and barrels stuffed with carcasses of wild-sourced birds arrived, sometimes hourly, at merchant stands. Restaurants served pigeons and songbirds. And Mallards. Such was the norm.

Such was the norm until the pigeons went extinct. Until songbirds and Mallards disappeared from many fields and marshes. Until fields and marshes, themselves, disappeared. Until sport and leisure hunters grew restless under the burden of needing to search farther and wider for binge-shooting opportunities.

Until state legislatures took ownership of wildlife resources.

Gatekeeping the mine (and throttling the market)

Under state ownership, which started in a few states in the late 1800s and quickly trended up, professional-grade harvest equipment was banned from the Mallard Mine. From all the wildlife mines. No more batteries of guns. No more canons or punt guns. These equipment-level prohibitions served as implicit harvest limits.

Sent into the Mallard Mine with only a single- or double-barreled shotgun at hand, like any average sport hunter, market hunters could still harvest hundreds of ducks each day.3 Just like the sport hunters did. But they could no longer harvest hundreds with a single shot.

After leveling the equipment field, invested legislatures set fences around their various wildlife mines and locked the gates. States opened the gates seasonally and sold passes (hunting licenses) to residents within their states. Some states sold higher-fee non-resident licenses.

All of these efforts to limit operations in the Mallard Mine were statutory nods to sport-hunting traditions. As long as market hunters hunted like sportsmen (like European sportsmen) and harvested like (European) sportsmen, they could, during harvest seasons, sell their harvest.

Such gatekeeping didn’t hamper the sportsmen. Sport and leisure hunters only binged intermittently, anyway. Adjusting their schedules around close seasons wasn’t too painful, and observing close seasons supported sportsmen’s claims to a sporting tradition. Seasonal abstinence equated to preserving wildlife, along with the traditions of sport hunting, for future generations.

Zoom photograph of a Mallard hen and duckling. Focused tight on the hen's profile, the photo captured her after she surfaced from dabbling underwater. A large droplet of water had just fallen from the tip of her beak. One of her downy ducklings was peering toward the camera from just behind her, framed by the silhouette of her neck and beak.
Photo from the Mallard archive, 2025. Waterfowl conservation, in the US, was started by sport hunters and was/is shaped by sport priorities.

On the market side of things, this statutory gatekeeping might have triggered immediate and massive change. Might have, but didn’t. Market resilience was intrinsic to the system. Professional hunters had already adapted to travel, to following game. As wildlife fled from progress, hunters flocked into states with undeveloped landscapes. And as states bore down on the market, hunters fled to states with looser (or non-existent) game laws. Enabled, of course, by shipping and storage infrastructure.

Meat and feathers kept flowing. As did profits. For a few more decades, anyway.

An aside about perspective: Triangulating time

Among my immediate family, the people, climates, and landscapes of the decades between 1880 and 1940 are lost to time. All of the living witnesses have passed, leaving only ephemera.

Ephemeral clutter fragments my perspective. Each inherited photo and letter, every generational trinket and token glitters with potential. They are facets of memory chipped from the massive face of the past. They are happy and sad, simple and fraught, heart-full and lonely. They are not the impulse behind these Mallard posts, but they’ve gotten involved. (It’s not their fault.)

Scanned image of a four page, handwritten letter, including the envelope. The pages are yellowed with time, but the neat cursive writing is still legible. The tiny envelope is simply addressed, "Mrs. Charles Linton/Calamus, Iowa" tilted across the center, with "Clinton County" written upside down and tilted in the opposite direction. A two-cent stamp is in one corner.
Four-page letter, dated May 31, 1892. (Full text in footnote4). On page two, the letter reads: “Say Ellen I will tell you something but don’t you breathe it to no one will you. I intend to be married in December. …Now Ellen I told you because you told me and you won’t tell any one will you?”

Initially, I intended to resist the urge to supplement these posts with family ephemera. As that resolve weakened, I decided to dip only into the anonymous portion of the archive. The nameless photos.

Now, all of my fences are down. I’m over a century deep in a family archive that is haunted by forgotten names and places, reaching out to known family.

Tinted photo postcard, c. approximately 1900. Text on the image reads "Union Depot, Corinth, Miss." The image shows a train depot situated at intersecting tracks. The two-story depot features a round turret-like construction on the front, and the tile roof of the turret is tinted red. Two tall poles on either side of the turret support wires from power poles that line the streets to either side of the intersection. Several men are standing in front of the depot, and houses are visible along the streets.
Postcard from the decades around 1910. I wanted to use this image to illustrate one of the passages about trains and shipping, but I couldn’t bear to separate it from the text on the back: “Dear Birdie, I received your card O.K. was glad to hear from you and to know you are well and having a good time. I’ll be glad when you come back to work. We are getting along fine at the mill but miss you so much. My little brother Ernest was drowned in Lake Como last Sunday evening and was buried here at the City Cemetery Tuesday. It was extremely sad to have to give him up. Answer soon. Your Friend Gertrude Brady.”

I’m not comfortable, this deep in history. Family history. US history. Mallard history.

I am, after all, a science and nature nerd. I like my histories either so far back that only science can illuminate them (cosmology and paleontology) or immediate enough to see for myself.

Prior to all of this Mallard reading, my journeys into history as a knowledge discipline have been forced marches through coursework and curiosity tours through museums. Anecdotes and specimens. All trees and no forest. Not even trees, really. More like twigs and leaves.

What’s more, my lens for near-distance history is warped. Warped by experiences that are both universal and intensely, unspeakably private. By decades spent in folklore, fiction, and dreams. For much of my life, I’ve been more comfortable in mythologies and multiverses than my own existence. I’ve had little interest in, or use for, actual history.

Now, I appreciate how much near-distance history matters. Or should matter. Especially to a science and nature nerd.

History has become part of my purpose, in these Mallard posts. Historical context. And, given my objective and subjective weakness as a history student, I need personal anchors for context. Even if the anchors are ephemeral.

Sepia-toned image from the family archive. A chicken shed and early-model car are in the background, behind a garden that is either winter-weary or spring-immature. A blonde toddler in white clothes is sitting on the ground at the edge of the garden. A white kitten is standing beside the child. The kitten's body language makes me think it was probably being petted in the moments before the photo was snapped.
Photo from the family archive, c. 1910(?). This image has many recognizable elements—a chicken coop, a vintage car, a garden plot, and a toddler with a kitten—and yet is completely anonymous. All of the tensions between familiar and familial move through this photo, just like they move through the rest of the archive.

Taking the game to court

Pennsylvania field to Massachusetts table

On July 15, 1879, in Boston, Massachusetts, George C. Hall and an unnamed partner served a woodcock5 dinner to a paying guest.

At the time of the meal, woodcock season was closed in Massachusetts. Woodcock hunting season, as well as selling, buying, or possessing season. All seasons closed.

Statutorily, this particular close season was an impenetrable umbrella of protection staked out over Massachusetts’s woodcock.

Pennsylvania woodcock, though, were literal fair game. So Hall and his partner served Pennsylvania woodcock to their paying guests in Massachusetts. Loophole exception, unlocked.

Litigation ensued. And, in 1880, the woodcock-dinner tussle landed in front of the Massachusetts Supreme Judicial Court.

“The question presented by the case at bar is whether, in the absence of…explicit manifestation of the intent of the Legislature, the words ‘any of said birds’ are to be construed in the larger sense, as meaning any woodcock, partridge or quail whatever; or in the more restricted sense, as meaning any woodcock, partridge or quail taken or killed in this Commonwealth within the times mentioned” (Commonwealth v. Hall, 1880, p. 411).

The Court bootstrapped a series of logics, in their written opinion. Here’s a sample paragraph, quoted in clause-laden length:

“The object of the statute is to protect these birds during the breeding season, and for such a reasonable portion of the year as may prevent them from being exterminated or their numbers diminished in this Commonwealth. The mode in which the statute seeks to attain this object is by punishing the taking or killing of such birds in this Commonwealth during the times specified, or the buying, selling, offering for sale or having in possession in this Commonwealth, during those times, of birds so taken or killed; and by enacting that the possession in this Commonwealth at such times of any birds of the kinds specified shall be prima facie evidence to convict; leaving it for the defendant to prove, if he can, that the birds found in his possession were not taken or killed in this Commonwealth at a prohibited time. So construed, the statute is reasonably adapted to carry out its object, and is free from all constitutional difficulty” (Commonwealth v. Hall, 1880, pp. 412–413).

Sepia-toned studio-style photograph of a toddler. The child is dressed in an elaborately knitted outfit (perhaps an early version of the onesie?), complete with a tasseled hat and shoe-cover leggings. They are standing in a wooden chair posed against a cloudy background. I suspect there is a treat clutched in one or both hands, as the photo appears to have been snapped mid-snack. The child is peering just above and to one side of the camera with an expression that strikes me as mild confusion mixed with a touch of reluctant obedience. As if someone has told them to "stand right there and don't move a muscle" (as I was often instructed, for school photos), but the instructions were confusing because standing is chairs is typically discouraged and how can you stand still without moving a muscle but also enjoy the treat you've been bribed with? (I obviously read too much into these photos...)
Photo from the family archive, c. 1900(?). I hope this anonymous child grew up happy and healthy, with plenty of patience for difficult reading.

Ouch, says every writer who ever wrote. And every reader who ever read. Anyone committed to understanding what was actually said, in that paragraph, will have to read it more than once.

After reading it more than once, some powerful implications live within and between those lines.

First, the Court acknowledged the reality of human-driven species extinctions, accepted the benefits of species protection, and approved statutory intervention as a preventative measure against exterminating game birds. That’s a notable set of statements, history-wise.

Next, the Court positioned legislative interference in the game market as a non-issue. The statute outlawed selling and buying Massachusetts’s woodcock during close season, and the statute was “free from all constitutional difficulty”.

Finally, the Court placed burdens on proof on offenders. Not the other way around. Officials empowered to enforce this amendment didn’t need to prove the intrastate provenance of woodcock. Instead, anyone caught with a woodcock, during close season, had to prove that they had sourced the bird out-of-state.

Which, in this particular case, was stipulated by both the prosecution and the defendants. The woodcock cooked and served in Boston, in 1879, was a Pennsylvania bird.

Without further ado, the court ruled that Hall had not violated the statute. The law applied only to Massachusetts’s woodcock, so Hall and company had served a legal meal to their paying guest.

Aside: I am “…unversed in the mysteries of the subject…”

I’m old enough to remember spinning a dial, to change TV and radio channels. Static, music, static, voice, staticstaticstatic, voices and music.

Blurry photo of a contact-paper covered nightstand/bookshelf. The stand was, at this point, being used to display some of my horse collection, a few houseplants, and books. The room was painted yellow with yellow gingham curtains. On the floor beside the stand, my radio/cassette player was a large-ish gray box with a long antenna, thick buttons, and a dial-type radio.
Photo from my personal archive, c. 1985. This is a blurry glimpse into my childhood bedroom, including the earliest of my horse collection, some of my favorite books (the Black Stallion series and the Dune series are prominent in this image), a few houseplants, the baseboard heater that was never ever ever to be turned on lest the house burn down, and my first radio/cassette player. Static music static.

That’s how these court opinions read, to me. Noise, signal, noise.

“The objection of a want of power in the legislature to pass the act…. …the prohibitory liquor law…was in violation of that provision…which declares that no person shall be deprived of life, liberty or property…. The legislature may pass many laws…to impair or even destroy the right of property. Private interest must yield to the public advantage. …The protection and preservation of game has been secured…and may be justified on many grounds, one of which is…food. …Some of the provisions…might seem, to one unversed in the mysteries of the subject, to be unnecessarily stringent and severe…. …there are many powers conferred upon Congress which, until exercised by it, are regarded as dormant and may be exercised by the States within their limits, among which is the power to regulate commerce” (Phelps v. Racey, 1875, paras. 3–4).

Over a century later, I’m an eavesdropper. I’ve attached a science bug to the fence around the legal sphere, and I’m listening in. Unversed.

Noise. Signal. Noise.

Photo of a large living-room entertainment center loaded with Christmas decorations, a console-type TV with rabbit-ears antenna, photo albums, and vinyl records. A kerosene heater, unlit, is on the floor in front of the stand, and a large wrapped gift is visible to one side.
Photo from my personal archive, Christmas 1992. Our living room TV was a dials-and-rabbit-ears affair. It had some 15 possible VHF channel settings, and, in good weather, picked up four stations. The kerosene heater on the floor was only lit for company and special television events.

Some of what reaches me as noise is, in fact, noise. Ornate phrases and stacked clauses that a diligent editor, in 2026, would simplify or delete. In-text citations that establish credibility, for doubters who wish to backtrack and verify.

And some of what reaches me as noise is jargon.

Jargon is a loaded word. Laden with negative connotations, the word “jargon” criticizes and accuses disciplinary texts. Except, all disciplines create unique lexicons—terminologies and core allusions common to the field and readily interpreted by readers within the field.6 These lexicons facilitate disciplinary communication. Within the field. Which means that readers outside the field often encounter disciplinary writing as encrypted communication.

I’m an old science major. I spent many long academic years programming the science decrypt key into my firmware, and I’ve downloaded most of the updates. I know the terminologies and catch the allusions. I’m versed.

But I haven’t invested my time or resources into acquiring other decryption keys. I can download the outsider patch and install the eavesdropper update, for these court opinions, but I won’t become versed.

As always, caveat lector.

Photo of four downy Mallard ducklings, with the Mallard hen that hatched them exiting the frame to the right. The ducklings have their backs to the camera, and one has been captured mid-air as it hopped down from a stone that makes up part of the border of our backyard dragonfly pond. The mid-air duckling's webbed feet are visible in silhouette against the yard's mown grass.
Photo from the Mallard archive. Here four ducklings are following their mother as she prepares to take a stroll around the yard. One of the ducklings was captured mid-hop, jumping down from the stone border of the dragonfly pond.

A benchmark precedent: “The judgment of the General Term must be affirmed.”

Commonwealth v. Hall cited a number of precedents. One particular precedent is common to many of the era’s game cases: Phelps v. Racey (1875). That heavily ellipted quotation, in the above aside, was taken from the New York Court of Appeals’s review of Phelps v. Racey.

I made an initial decision to leave out this particular precedent. Not because the case wasn’t important, in my context, but because I was thoroughly baffled. All I had were two surnames, a date, and a six-paragraph appellate opinion.

The opinion is both dense and thin. Dense with legal logic, but thin on details. Very little who, what, where, and when. Phelps and Racey, quail and penalties, New York, 1870s. That’s it. Which was, apparently, all the judges needed. “The judgment of the General Term must be affirmed” (Phelps v. Racey, 1875, para. 6).

As I accessed other court opinions, researching my Mallard obsession, I followed the first several Phelps v. Racey citations to the online case record. I read and re-read the opinion. Baffled. The next several citations? Re-follow, re-find, re-read. Still baffled.

Pale-tinted photo of me somewhere in my age-counted-as-months era. In this studio-type photo, I'm gazing vaguely in the direction of the camera, wide-eyed and open-mouthed and, apparently, confused. Mother had dressed me in what was likely a stiff and itchy blue shirt with puffed sleeves and ruffles and tucks and lace (eww).
Photo from the family archive. This is me as a baffled baby.

Repeat, ad nauseam.

Until I reached my nauseam tipping point. In typical OCD fashion, my investment of time tipped from intermittent bafflement to days-long fixation. In the end, I decrypted Phelps v. Racey with a little help from online newspaper archives.

On May 5, 1874, the New York Daily Herald published a short note: “The suit of Royal Phelps vs. J. H. Racey came up yesterday in General Term, Supreme Court. Defendant was prosecuted for violation of the game laws, in having quail and pinnated grouse in his possession during the close season. Defendant put in as answer that the birds were killed before the close season, and preserved by a patent process” (Court of Common Pleas, p. 3).

Did you catch it?

What I had initially accessed—the opinion cited in all of those subsequent cases—was the appellate review dated February 2, 1875.

But the actual case, the one with all the details, was heard on May 4, 1874.

Phelps v. Racey (1874): “…I am wholly at a loss…”

J. H. Racey was a New York city merchant who sold game through a market on Centre Street. On March 15, 1873, during close season, his stock included six quail. On March 19, he added two pinnated grouse and another 100 quail. The birds had been purchased in December of 1872, from Minnesota and Illinois, and preserved with a “patent process”. (I searched in vain for details about the process, which most likely was some form of cold storage.)

Royal Phelps, who was the president of the New York Association for the Protection of Game, got involved, and the local court fined Racey for possession of six quail and two pinnated grouse. Each bird carried a $25 fine, which would have left Racey owing some $200. (Equivalent to roughly $6,000 of spending money, in 2026.)

As I couldn’t find this initial ruling online, I can’t say why the judge imposed fines for only eight birds. But, given that the judge didn’t include the 100 quail Racey had in his possession on March 19, $200 seems a tap on the wrist.

Tap or slap, Racey appealed the ruling.

As did Phelps, who wanted Racey fined for all 108 of the birds.

These competing appeals landed before Judge Daly, of the New York Court of Common Pleas, on May 15, 1874. Daly’s opinion includes the following:

“[The statute] has allowed game, killed before the 1st of January, or in states where the killing of it was at the time lawful, to be sold or kept in possession between the 1st of January and the 1st of March, and that is all. Beyond that, the prohibition is positive, that no person shall have any of the game specified, in his or her possession, and I am wholly at a loss to see upon what ground it can be said that the possession which existed in this case was not the kind of possession which the statute meant. It may be that when the law was enacted, that no such thing was contemplated as that game, killed in the autumn of one year, could be preserved, as in this case, so as to be sold a year afterwards within the permitted period. But we cannot say so as a matter of law, for for all that we know, or for all that appears in this answer, this apparatus may have been known and in use when this law was enacted” (Phelps v. Racey, 1874, p. 238).

Daly’s ruling, later upheld in that widely cited 1875 appeal, bumped Racey’s fine to $2700. A penalty of $2,700, in 1874, equates to about $80,000 worth of spending money in today’s (2026) economy.

While I would love to report further on this case, my journey with Phelps and Racey ends here. I don’t know if, how, or when Racey paid his punishing fine, nor do I know if Phelps targeted other game merchants. (Please comment, if you know more of the story.)

Thin ice: Haggerty v. St. Louis Ice Manufacturing and Storage Company, 1897

In 1892, Missouri statutes included restrictions against possession of game during close season. Starting in 1892 and continuing through 1893, a group of game merchants (lumped in the record as Haggerty et al) tested a cold storage loophole. 

According to the court record, the St. Louis Ice Manufacturing and Storage Company crafted a per-pound storage contract with Haggerty et al. The ice company would store game during the close season months of 1893, keeping the meat in good condition until the following open season in November. Then the merchants would retrieve their 1892 overstock and get back to business. (pp. 241–242)

Between November 15 and December 26, 1892, merchants deposited enough game to rack up a massive storage bill. When the bill came due, on November 18, 1893, the merchants paid as contracted and proceeded to withdraw their game. Which had rotted. (pp. 241–242)

The ice hadn’t been icy enough.

Haggerty et al demanded compensation. St. Louis Ice company refused. And on January 9, 1894, the St. Louis Globe-Democrat published the following note: “John E. Haggerty & Sons filed suit against the St. Louis Ice Manufacturing and Storage Company for $11,842.89 damages for game spoiled in the defendant’s cold storage warehouse between January 1, 1893 and November 1, 1893” (Yesterday’s new suits, p. 12).

Such a precise invoice, $11,842.89, deserves precise comparison. Measuring Worth carves out the following 2026 US dollar values:

  1. if spent on a purchase, $448,472.05
  2. if received as compensation, $3,414,261.32
  3. if held as wealth, $4,628,686.25
  4. if spent on a project, $23,677,759.95
Sepia-toned studio-style photo of an very young (perhaps early toddler-aged) child seated on a draped chair. The child's blond hair is styled in short ringlets. Button-up boots and a lacy white dress, along with a dainty necklace, complete the look. The child is looking to one side with an unsmiling expression.
Photo from the family archive, c. 1900(?), Mt. Vernon, Ohio. Photos were luxuriously expensive, but not $11,842.89 expensive.

When the case arrived in front of the Missouri Supreme Court, the merchants’ had downsized their ask to $7,000. (Some $250,000 worth of spending money, today.) Downsized, but still sizable.

In the end, Haggerty et al lost. They lost their money, their game, and the appeal. They lost because the entire scheme was a misdemeanor, according to state law, which meant the contract was illegal.

Judge Sherwood, who wrote the opinion, was fond of emphatic italics. “The offense prohibited by section 3902 is a misdemeanor, and in such case the intention of the misdemeanor cuts no figure in the case, since in that class of crimes intention constitutes no element of the offense. It is the act done and that alone which violates the law, and the motive which prompts the violation is altogether dehors the crime committed” (p. 246).

Precedents and italics and all, Sherwood lays out a seven-page explanation, tinged with exasperation in the final paragraphs. “Recurring to the petition, it shows on its face that plaintiffs contracted with the defendant corporation for the commission of a misdemeanor. …The law will not stultify itself by promoting on the one hand what it prohibits on the other, and will for this reason leave the parties to this suit where it finds them, unsanctioned by its favor and unaided by its process” (pp. 247–248).

Haggerty et al would receive no satisfaction from Sherwood’s court. Neither, really, would St. Louis Ice Manufacturing and Storage Company, who won their case by proving that their contract was illegal.

Standing firm on thin ice: “Warrants for Game Dealers”

Haggerty & Sons, with John E. Haggerty at its head, had been a fixture in St. Louis since 1845 (Extensive game depot, 1877, September 28, p 4). Haggerty was a fixture of his own, serving as the market master for Union Market (Mayor Wells’ selections, 1903, April 25, p. 2) and circulating through local politics.

A series of solicitations aimed at market hunters, placed in the St. Louis Globe-Democrat in November and December of 1882, hint at the scale of Haggerty’s business. In order to fill Thanksgiving orders, Haggerty needed 10,000 turkeys, 5,000 dozen (60,000) quail, 1,000 wild turkeys, 1,000 dozen (12,000) grouse, and 500 saddles of venison (Wanted,November 15, p. 5). Christmas orders exceeded Thanksgiving—25,000 turkeys, 10,000 dozen (120,000) quail, 5,000 dozen (60,000) grouse, 1,000 wild turkeys, and 500 saddles of venison (Wanted, December 6, p. 7).

Given the vastness of his enterprise, Haggerty and the game laws were destined for conflict. But an 1882 case against Haggerty and his brother went nowhere: “The cases against the Haggerty’s are virtually dismissed by being continued generally” (Court of Correction notes, 1882, March 31, p. 4).7

Nowhere, again, went an 1897 case against Haggerty, his son, and four other game merchants.

On Tuesday, February 9, 1897, Missouri’s game wardens targeted six St. Louis game dealers: the Haggertys, in their 944 North Broad Street address; Benjamin Kaufmann and Samuel Kaufmann, of stand 1, French Market; Frederick Becktane, stands 9 and 10, Union Market; and Eugene Deane, 1017 North Third Street (Warrants for game dealers, 1897, February 9, p. 12).

“Attorney J. R. Claiborne, who has been retained by [Deputy State Game Warden] Capt. Bull to represent the state, said yesterday that warrants would be issued from day to day against violators of the law, if the six defendants against whom the warrants were issued yesterday were found guilty. The six cases, he said, were merely test ones” (Warrants for game dealers, 1897, February 9, p. 12).

Six test cases, representing less than 1% of the 700 game dealers and caterers that Missouri’s game wardens wanted to prosecute (Warrants for game dealers, 1897, February 9, p. 12).

When the 1897 cases against the Haggertys, the Kaufmanns, and Becktane reached trial, Judge Murphy dismissed them. Murphy based his dismissal on updated statutes—the state’s charges cited violations of 1889 statutes, but those laws had been repealed and replaced by 1891 statutes. (Game dealers not guilty, 1897, March 7, p. 24)

As of 1898, Haggerty was still in business, and still in the newspapers. A May 2 report highlights his efforts to organize North Third Street’s merchants, who had been experiencing a series of robberies. Haggerty wanted the group to demand better police protection for their businesses, which included a saloon, a hotel, and a liquor store. (Will catch burglars, p. 3)

Pale sepia-toned portrait of a mischievous-looking couple. Posed close together with hairstyles and dress that code man and woman, they are leaning against each other with relaxed informality. The man is apparently seated, leaning back against the woman, while she is leaning forward a bit, chin almost resting on his head and her hands on his shoulders. Both are holding cigars in their mouths. The short-haired man is unsmiling, cigar dangling from the corner of his lips, and is dressed in a  dark jacket and tie over a starched-looking white shirt. The woman is smiling, cigar clenched between her teeth, and her hair is styled in a loose updo. She's wearing a high-necked white blouse with short ruffles around the collar and down the front. The blouse is fastened with a brooch at the neck. She has a band-like ring on her left middle finger.
Photo from the family archive, c. 1910(?). I don’t know who they are, but I want to hang out with them. I expect they caused mostly lower-case mischief, but I wouldn’t be too surprised to hear of the occasional upper-case Mischief, somewhere in a district of game markets, saloons, hotels, and liquor stores.

Preview: Parts IX and X, etc.

Enter the era of game smuggling, the Lacey Act of 1900, and the Migratory Bird Treaty of 1918. The game markets collapse, wild duck populations continue to decline, and a hunting-centered North American approach to wildlife conservation takes root.


Notes

1. In what appears to be a true coincidence, Venn’s paper “On the Diagrammatic and Mechanical Representation of Propositions and Reasonings” appeared in The London, Edinburgh, and Dublin Philosophical Magazine and Journal of Science in July of 1880. Using “Eulerian circles” as building blocks, Venn employed circles, ellipses, and other closed shapes to illustrate Boolean logic. “Of course any closed figure will do as well as a circle, since all that we demand of it, in order that it shall adequately represent the contents of a class, is that it shall have an inside and an outside, so as to indicate what does and what does not belong to the class. There is nothing to prevent us from going on for ever thus drawing successive figures, doubling the consequent number of subdivision. The only objection is, that since diagrams are primarily meant to assist the eye and the mind by the intuitive nature of their evidence, any excessive complication entirely frustrates their main object” (pp. 6-7). (Click here to return to your regularly scheduled paragraph.)

2. I wish that I had the time and resources to write the cross-purposes story, the one about agriculture. During this same era, during this half-century timeframe between 1870 and 1920, US agriculture was growing and organizing and lobbying. There’s a signal, in all of this history noise, that ties to a household question: what were Americans eating, between 1870 and 1920? What was the ratio of wildlife-to-livestock animal protein, in the American diet, before and after lawmakers regulated the game market into collapse? When did wild protein give way to farmed protein? To beef from Texas. To other hoofstock and poultry, from other epicenters of organized livestock production. As livestock production scaled up, to fill grocers’ shelves after the game markets closed, the rapidly expanding US Department of Agriculture arrived on scene. Regulatory upgrade, unlocked. (Click here to return to your regularly scheduled paragraph.)

3. The 1923 edition of William Mershon’s Recollections of My Fifty Years Hunting and Fishing includes an article by Hon. Riley L. Crane about a pair of market hunters who gained so much local fame that the marshes they hunted were named after them. In “The DuPraw Marsh in Kochville Township”, Crane states: “The largest number of ducks shot upon this marsh by a single charge were nineteen blue winged teal shot on the fly by Jacques DuPraw with a single barrel, muzzle-loading shotgun. The greatest number of ducks killed there in a single day by two men was two hundred and seventy-two birds, about 1876, Mr. Louis DuPraw getting one hundred and sixty-two with a 10-gauge breech-loading shot gun and Mr. Jacques DuPraw one hundred and ten with a 12-gauge, double-barrel, muzzle-loading gun” (pp. 70–71). (Click here to return to your regularly scheduled paragraph.)

4. Full text of letter: “Greenville Iowa / May 31, 1892 / Mrs. Ellen Linton / Calamus Ia. / Dear Coz. / I will now try to ans. your most welcome letter and was indeed glad to hear you are getting along so nicely and do sincerely hope you good luck for years. / It is to bad about Nora isant it. I am so glad that Rose is getting along without raising a family and she is all right yet I know for Sunday I was home and I asked her. Say Ellen I will tell you something but dont you breathe it to no one will you. I intend to be married in December. But we may not be until next Spring it is owing as to whether our plans work out all right. Now Ellen I told you because you told me and you wont tell any one will you? He is a darling. Well to tell the honest truth of the business he is just the sweetest boy that ever lived. His name is Harry Dodd his father is sheriff of Clay Co so you see I will have to toe the scratch ha, ha, ha. / It doesn’t seem possiable that Glen S.– is married [illegible] got a “Kid” does it. Well I have been in the store ten months the 17th of this month and I am tired and am going home to stay a while so direct your next letter to William Creek. I like it in the store ever so much and I dont suppose I will be contented out. So I think very likely I will be back in a week or two. / Ellen I am so glad you have got a good husband it is so nice when a person is happily married. But so wretched when they are not. Tell him I think he might as must as behave to his new Coz any way. / Well I must stop for the propriator is needing me. / Write soon [illegible] all the news. / Oh yes / Rosa Holdriedge is going to catipillar after while or rather Rose Cook / Bye Bye / from Lily”. (Click here to return to your regularly scheduled text.)

5. Burdened with the common (and adolescently pun-worthy) name of “woodcock”, these oddly charismatic little birds, are also known as timberdoodles and night twisters (among other names). They weigh in around a half-pound or less and merit full membership in the Ministry of Silly Walks. (If you want to watch the Monty Python skit, which is next-level physical comedy, it’s readily available online. If you want to see a woodcock’s silly walk, follow this link and scroll down to the “Behavior” section for a great video.)

According to some articles online, French chef Augusta Escoffier declared woodcock to be the “king of game birds” in the 1921 classic Le Guide Culinaire (which sounds significantly less highbrow in translation: A guide to modern cookery). Fact-check sidequest, unlocked! In the online edition at Project Gutenberg, Escoffier’s text actually reads, “If grouse, which can only be thoroughly appreciated in its native country, were extinct, woodcock would be the leading feathered game. But the latter have this advantage over the former, namely: that their fumet is not so fugitive, and that they may be kept much longer. Woodcock does not yield its full quality unless it be moderately high” (p. 592). Have mercy. Fugitive fumets and high game sound like precursors to gastrointestinal distress. Some side-quests lead straight to queasiness. (Click here to return to your regularly scheduled paragraph.)

6. Note that my acceptance of jargon runs somewhat counter to my earlier criticism of euphemisms. A hazy line separates the two, in my thought processes. The line is so vague, and so apt to change from moment to moment (and subject to subject), that it defies explanation. As is the case for so many of my thought processes, I regret my own lack of clarity. (Click here to return to your regularly scheduled paragraph.)

7. Later that year, the court passed down a perjury indictment against the private detective, one Reginald M. Russell, who had filed warrant against the Haggerty’s (Four court notes, 1882, December 5, p.2). The newspapers of the time published a flurry of articles about Russell, detailing a number of accusations and arrests. Despite the tingling of my tangent-antennae, I never found the time or resources to follow his story in enough detail to report it accurately. (Click here to return to your regularly scheduled paragraph.)

Bonus methods note: The State Historical Society of Missouri (SHSMO) hosts a free, searchable online newspaper archive. I encountered difficulties, though, in linking to the newspaper articles that I found there. Active links uniformly led to a default “unauthorized access page”. I apologize for the inconvenience. If anyone wishes to retrace my steps, for articles cited in my references section but lacking hyperlinks, I recommend starting here. Click the “search digital newspapers” button to get started. I first narrowed my searches to St. Louis, Missouri. Then I searched for 1. “John E. Haggerty” (the quotation marks help further narrow the results), 2. “John Haggerty”, and 3. “Reginald M. Russell”. In each case, I used the date selection boxes to limit results to the 1880s, then a second run for the 1890s, and a final run for the 1900s. Following these steps should led to a results list that includes all of the articles and ads I’ve cited in this post, along with a handful of hits that weren’t pertinent to my work. And, for future reference, the SHSMO archive is a lovely, and free, resource worth bookmarking.


References

Commonwealth v. Hall, 128 Mass. 410 (1880). https://www.courtlistener.com/opinion/6546160/commonwealth-v-hall/

Court of Common Pleas—General Term. Important decision with regard to the game laws. (1874, May 5). New York Daily Herald, 3. https://www.newspapers.com/image/329567764/?match=1&terms=%22royal%20phelps%22%20racey%20game%20quail

Court of Correction notes. (1882, March 31). St. Louis Post-Dispatch, 4.

Crane, R. L. (1923). “The DuPraw Marsh in Kochville Township.” In Mershon, W. S., Recollections of My Fifty Years Hunting and Fishing (68–72). The Stratford Co. https://archive.org/details/recollectionsofm00mers_0/page/68/mode/2up

Extensive game depot. (1877, September 28). St. Louis Post-Dispatch, 4.

Four court notes. (1882, December 5). St. Louis Post-Dispatch, 2.

Game dealers not guilty. (1897, March 7). St. Louis Post-Dispatch, 24.

Haggerty et al v. St. Louis Ice Manufacturing and Storage Company, 143 Mo. 238 (1897). https://www.courtlistener.com/opinion/8055683/haggerty-v-st-louis-ice-manufacturing-storage-co/pdf/

Mayor Wells’ selections. (1903, April 25). St. Louis Globe-Democrat, 2.

Phelps v. Racey, 5 Daly 235 (1874). https://www.courtlistener.com/opinion/6272458/phelps-v-racey/pdf/

Phelps v. Racey, 60 N. Y. 10 (1875). https://www.courtlistener.com/opinion/3606645/phelps-v-racey/#pdf

Venn, J. (1880). “I. On the diagrammatic and mechanical representation of propositions and reasonings.” Philosophical Magazine, Series 5 (9)59. pp. 1–18. https://www.cis.upenn.edu/~bhusnur4/cit592_fall2014/venn%20diagrams.pdf

Wanted. (1882, November 15). St. Louis Globe-Democrat, 5.

Wanted. (1882, December 6). St. Louis Globe-Democrat, 7.

Warrants for game dealers. (1897, February 9). St. Louis Globe-Democrat, 12.

Will catch burglars: Third Street merchants organizing to protect themselves. (1898, May 2). St. Louis Post-Dispatch, 3.

Yesterday’s new suits. (1894, January 9). St. Louis Globe-Democrat, 12.

Focusing on Mallards Part VII: Game informants, game police, and the end of the game market

“Be it further enacted by the Authority aforesaid, That the several Towns in the Province shall have Power, and they are hereby directed…to chose and appoint two meet Persons whose Care and Duty it shall be to inform of all Breaches of this Act, and to take Care that the Violaters thereof be duly prosecuted and punished…” (Massachusetts General Court, 1739, p. 688).

Content Warning: This multi-part blog post contains references to hunting, agriculture, and research practices of killing birds and other wildlife. If you decide not to read on, I respect and admire your choice.

Photograph of a Mallard hen standing beside a small backyard pond. She is standing on one of the large, smooth river stones that border the pond. Her eleven ducklings (they're difficult to count, in this photo) had not yet mastered climbing on the stones. Two ducklings have reached a resting point, but the other nine are jammed together, scrambling for purchase, knocking each other aside, and climbing on top of each other as they struggle for footholds.
Photo from the Mallard archive. In this photo, a Mallard hen waits on the stone border of our dragonfly pond as her days-old ducklings scramble out of the water.

[This post picks up where the last left off. For recaps and links to the rest of the series, please visit my Mallard page.]

Dibs on the Deer

Game legislation, in the pre-revolutionary colonies, started with deer.

With deer in Massachusetts. In 1739.

As wave after wave of European immigrants divvied up the Atlantic coast of North America, the political and social habits of aristocracy proved difficult to shake. Colonists may have envisioned a democratic continental future, in which the people (the invading people, that is) owned the continent’s resources, but pre-revolutionary lawmakers hoarded up resources according to Europe’s aristocratic precedent.

In Massachusetts, in 1739, that meant hoarding up the deer.

Photograph of a young white-tailed deer standing under a set of wind chimes that were hanging in a small live-oak tree in our privacy-fenced back yard. The deer was photographed through the browning blooms of Joe Pye Weed, which appear as vague clouds and patches obscuring the foreground. The brown-furred deer has long skinny legs with long black hooves. His small antlers are slightly curved, each antler is a single tine approximately 6–8 inches long, and each antler has a single visible bump along the shaft (bumps that would, in an older stag, branch off into secondary tines). He has prominent white markings around his dark nose, and the fur around his eyes and under his chin is paler than the rest of his body. Here, his stance is tense. He has one back foot raised off the ground; his large ears are angled, one forward and one backward, for situational awareness; and his eyes are opened wide. His white sclera, (the "whites of his eyes") are not visible, but the rings of lighter fur around his eyes mimic scleral flashes, making his expression appear anxious. A pair of plastic pink yard flamingos are leaning against the tree's trunk, and, in the background, a dense stand of ginger lilies are beginning to droop as their blooming season comes to a close. The yard is mown short, and the grass is patchy with weeds.
A few years ago, this spike-antlered white-tailed deer trapped himself in our cul-de-sac during rut season. I blogged about him here. Today, nearly three centuries after Massachusetts’s 1739 legislation, white-tailed deer in the US are monitored year-round and harvest limits are fine-tuned, in some states, on a herd-by-herd basis.

The wordily convoluted law quoted as an opening epigraph, above, was filed as “An act in addition to an act entitled, An act for the better preservation and increase of deer within this Province”.1 The new-and-improved 1739 edition aimed to halt the decline of deer populations by reinforcing seasonal hunting restrictions: “Whereas the penalties already provided in and by an act pass’d in the tenth year of the reign of King William the Third…have proved ineffectual to answer the good ends in said Act proposed…” (Massachusetts General Court, 1739, p. 687).

Starting on December 10th of 1739, deer were off the hunting menu. Deer season would reopen on August 1st, 1740, and the schedule would repeat indefinitely. From August 2nd to December 9th, annually, the citizens of Massachusetts could enjoy late autumn/early winter’s open season on deer. But during the rest of the year, deer meat and deer hides were forbidden harvests. Anyone caught with fresh meat or hides (or said to be in possession of such, by any two informants) would be prosecuted.

To enforce this seasonal hunting ban, the revised act required each town to appoint two official informants to monitor and prosecute (persecute?) deer hunters, with expansion of the informant network written into the statute: “…appoint one or two meet persons in every such new plantation wherein ten or more families are settled, to inform against and prosecute the Violaters of this Act” (p. 688).

Should any of the appointed informants decline the position, and/or decline to swear the informant’s oath, anyone could sue them for the sum of £5 (p. 688). (According to an online conversion calculator, that’s a fine roughly equivalent to $1500, in 2026 US dollars.) As the statute does not specify a one-time fine, I envision a line of friends and coworkers demanding payment from some poor soul who slept through the meeting, didn’t know they had been nominated and elected, and couldn’t bring themselves to sign on as an informant.

Oaths aside, informants generated their own wages. Anyone convicted2 of killing the king’s province’s deer owed £10 per deer, divided between the informant and “His Majesty for the Support of this Government” (p. 687). When a convicted hunter couldn’t pay the fine, they faced jail for 30 days or forced labor for two months.

All of this means that Massachusetts’s 1739 deer informants had the statutory power to persecute (prosecute) deer hunters. To drive the colony’s deer hunters first into poverty and then into slavery.

Aside: The Robin Hood Perspective

I grew up on a steady diet of Robin Hood.3 As a fan of the trope, all of this 1739 fuss about the king’s deer resonates.

Photograph of a white-tailed deer that has just crossed a well-tended path in Back Bay Wildlife Refuge, in Virginia Beach, VA. The deer's coat is reddish-brown, lightening to pale tan under her abdomen and chin. (I assume she is a doe, as she has no antlers. Such assumptions are not always correct.) Her body language— erect tail, backward focused ears, and quick stride—indicate alertness. The photo's foreground and background are the deep brown and orange tones of winter dormancy, thick with tall grasses (including seagrasses) and winter-bare shrubs.
As a side-effect of spending most of my years in the southeastern US, my memory-file for “deer” is filled with white-tailed deer. So is my memory-montage of all the various Sherwood Forests I visited, in my childhood reading. Actual deer, in Sherwood Forest, are both larger and smaller than North America’s white-tailed deer.

I have lingering nostalgia for Robin McKinley’s reluctant hero in The Outlaws of Sherwood:

There had been outlaws around Nottingham and in Sherwood before, but this sounded like something new—outlaws who believed in king and country, and good English law; who merely rebelled against the heavy hand of tyranny (1988, Chapter Four, para. 15).

And for Peter Beagle’s gruff anti-Marian in The Last Unicorn:

Close by a familiar voice said, ‘Leaving us so early, magician? The men will be sorry they missed you.’ He turned and saw Molly Grue leaning against a tree. Dress and dirty hair tattered alike, bare feet bleeding and beslimed, she gave him a bat’s grin. ‘Surprise,’ she said. ‘It’s Maid Marian.’ (1968, p. 82)

Awash in Robin Hood, I’m pre-disposed to favor pure-hearted bandits living in the woods. To expect corruption among government officials charged with imprisoning and enslaving the pure-hearted bandits. Reverse tropes, in which bandits are greedy and officials pure-hearted, simply don’t resonate. I can’t recall any among my best-loved childhood books.

Robin Hood taught me skepticism for a system in which police generate their own salaries through imposing fines and confiscating property. Especially when the system polices those who have less power, less security, and less food.4

My skepticism will be apparent throughout this installment. It’s likely apparent in everything I write and everything I do.

This is the strength of fairy tales and myths and legends. Here in my middle years, all these many Robin Hoods float on the surface of my memories, jostling and reinforcing each other. Resonating.

As with my previous installment, caveat lector.

Photograph showing five downy Mallard ducklings swimming in our small dragonfly pond in the spring of 2024. One duckling has its head tipped sideways, one eye turned to the sky in response to an alarm call from its mother (who was standing just to one side, out-of-frame, when this photo was taken).
At what stage do Mallards become aware that humans are their most voracious predators? Looking skyward, for airborne predators, was an early lesson for this particular brood of ducklings. But they trusted me enough to allow these photos.

Policing the Hunt in the 1800s

Skipping ahead to the post-revolutionary colonies, game legislations gained popularity and momentum throughout the 1800s.5 As game legislation ballooned into a regulatory industry, bureaucratic vacuum energy organized into committees, commissions, and agencies. Various departments staked claims in wildlife as a regulated resource: game and fisheries departments, of course, but also agriculture, public lands, education, and commerce.

Wrangling with ways to police and enforce game laws, legislatures were forced to wrangle, also, with funding. So many interests. So much legislation.

A faded black-and-white photograph of a group of children gathered in an outdoor setting front of what appears to be a tent. A chaperone in a long skirt and pale blouse stands with the children. The eight children are wearing clothes of various functional styles, including knee-length skirts, pants of full-length and knee-length, and shirts with full-length sleeves. Many are wearing coats and all are wearing work-style boots. One child, in the front row, has a more formal-appearing outfit, including a white shirt with dark pants and a dark coat fastened at a single point across the torso. The bare ground and thin evergreen trees (background), with a smudge of what appears to be winter-bare trees in the farthest background, suggests cold weather. The photo is torn in places, with yellow-tinged tape marks across the tears and along the edges.
How do any of us learn about the world, about dangers above and ahead? I’ve imagined a story in which this poorly-preserved photo from the family archive shows a school group in front of a makeshift tent-classroom, and in which these children have been freed from their chores for a few hours. I’ve imagined a background of poverty, or something much like it, for these children and their families. Perhaps I’ve imagined too much? Or too little? The nearest certainties I have are the setting (most likely somewhere between Ohio and Nebraska) and the timeframe (c. 1880—1900).

“In many States it has been found well-nigh impossible to secure legislation providing for the appropriation of money, no matter how little, for the preservation of game. The sentiment to which this condition is due still prevails in a large part of this country, particularly in the South. The creation of new offices, with salaries attached, is regarded with great jealousy and disfavor”6 (Williams, 1907, p. 34).

A grainy, blurred, and very faded black-and-white image of a pair of houses in a snowy setting. The houses are situation far back from the camera across a snowy field. They are encircled by a split-rail fence and winter-bare trees with snow-laden branches. The closest house appears to be somewhere between two and four rooms, with a prominent chimney in the center of the steeply peaked roof. The background house looks to have more rooms, with perhaps an addition-style room on one side. With written histories back to the 1860s, we know that the family lived as a multi-generational unit: a Civil War veteran patriarch (volunteer Ohio cavalry), his son and daughter-in-law, and their eventual six children (the youngest of which was my grandmother).
Photo from the family archive. This is one of the ancestral homes, photographed in 1892. The record isn’t clear about this property, whether it was in Ohio, Illinois, Iowa, Nebraska, or some other state less prominent in the family lore. Wherever it was, it looks fairly idyllic for a young husband and wife starting a family. Even so, it didn’t last long. By 1901, they were settled in Limestone County, Alabama, where they would live out the rest of their years.

Non-random examples: Incentivizing informants on both coasts

In funding game police, early statutes in California and Virginia resorted to borrowing (unknowingly?) from Massachusetts’s 1739 system. They legislated kickbacks for informants.7

In 1841, Virginia paid informants a half-share of fines collected from non-residents caught hunting waterfowl below the head of the tidewater (General Assembly of Virginia, 1841, pp. 88–89). As each fine was $100, informers could expect a payout of $50 per prosecution—a purchasing power of somewhere around $2000 in today’s (2026) economy.

Motion-blurred photograph of a small Bufflehead duck flying along a narrow channel of water. The duck is captured mid-flap, wing tips nearly touching the water. The water is murky green, mid-channel, and reflects winter-pale stands of grasses along the edge.
Virginia’s rich waterways, particularly below the tidewater (technically, the farthest extent of waters that change height and/or volume as the tide moves in and out), are havens for waterfowl.

About a decade later, in 1852, California informants were eligible for half-shares of fines. California fines were lower ($50) but were not limited to prosecuting non-residents (California Legislature, 1852, p. 134). The 1852 statute protected quail, mallards, and wood ducks and shut down the game markets for these birds during closed seasons. This statute put market hunters and market peddlers under extra surveillance. Informants didn’t need to slog out into the wild, to catch hunters in the act of shooting or collecting birds. They could simply stay in town and wait for sellers to open shop.

Who could resist the lure of an informant payday equivalent to $1000 or $2000, in today’s money?

My faith in humanity feels that almost everyone would resist such a lure, if their starving neighbors resorted to shooting mallards. My skepticism argues otherwise.

Sepia-toned photo series from the family archive, probably dating to the late 1910s or early 1920s. The photographer cleverly overlapped four images onto a single print. Each of the four images shows three men posing with a horse-drawn buggy. In two images, the men are seated in the buggy. In one image, the men are lounging in a row beside the buggy and one man has thrown his leg across the legs of the other two. In the final image, the men are standing together, two holding and pointing to the man in the middle, as if accosting him, and all three are laughing. In each image, one man is wearing a full suit of some middle-tone color, including a tie, vest, and jacket, over a white shirt; one man is wearing mid-toned pants, a white shirt, and suspenders; and the third man is wearing mid-toned pants, a white shirt, and a tie. The buggy has four delicate-looking long-spoked wheels, tufted upholstery, and a folded-back convertible cover. The horse is tall and rangy and is standing still in its harness and bridle. (The bridle looks tight, to me, and the horse's elevated head posture suggests the presence of a tight check rein.)
The leisure apparent in this quadruple-exposure image from the family archive (c. 1920?), along with the camaraderie, puts me in a familiar double-bind. I’m grateful that the image exists, and I’m aware of the flawed power distributions (past and present) that went into its creation and preservation. Would these men have chosen to profit from informing on their neighbors? Or would they have fed their neighbors? Whatever choices they made, over the courses of their lives, I expect they justified those choices from the various rhetorics of their various times. It’s the entire ongoing problem, over and over again.

Aside: About those debtors’ prisons

“The only punishment authorized under many of the older game statutes was a fine, and if the defendant was impecunious he escaped punishment altogether. A very considerable portion of offenders against the game laws are of this class, and experience has demonstrated that to secure obedience the alternative corrective, imprisonment, must be allowed; otherwise many violations go unpunished” (Williams, 1907, p. 74).

That quotation comes from a 1907 bulletin written by a member of the US Department of Agriculture’s Biologic Survey. My current self sees the cruelty in this logic—the cruelty and wickedness of debtors’ prisons. But as a young adult, despite all my Robin Hood reading and my own family’s orbital decay, I lacked such perspective. Young-adult-me would have nodded her agreement on the question of punishment.

On matters of the carrot vs. the stick, I had been raised by the stick and believed in the effectiveness of sticks. I had no personal experience with carrots.

Scanned image of a color slide from the family archive. Shown here, a group of domestic white ducks are climbing a fenced wooden switch-back ramp up the side of a wooden building. The ramp leads to a blue plastic slide that drops into a pond. One duck has just come off the slide, wings extended, and is splashing into the pond.
The ducks-on-a-slide show at Opryland was one of my favorite spectacles, during our annual summertime pilgrimages. While I want to claim that the ducks didn’t mind the slide, the hesitant traffic on the ramp argues otherwise.

Which cycles back, again, to resonances. In all of this reading through legislative and legal literatures from the late 1800s and early 1900s, I keep finding echoes of my own youthful voice. Perhaps such resonance is part of my perseveration.

Perhaps I keep reading because the resonance keeps ringing, calling me deeper and further into this particular branch of the Mallard Mine.

Perhaps I’m hoping that the metaphor will hold up. That the legislative and legal literatures of the US will grow to understand, as I have, the wisdom of carrots and the anxious futility of sticks. Perhaps I’m hoping that US policy will mature into a reality in which feeding hungry Mallard hunters is more productive than jailing them. In which feeding hungry families is preferable, on every level, to fining them, confiscating their belongings, and selling off their property for the enrichment of government-appointed police.

Which brings me to Maryland’s Board of Special Police, legislated into existence in 1880 for the express purpose of protecting waterfowl.

The Ducking Police

“The said Board of Special Police and its deputies shall have power to arrest, with or without warrant, upon their own view, or upon credible information, all persons violating any provisions of said original act, or any of its supplements, and to carry such person or persons before any justice of the peace…”. (Maryland General Assembly, 1880, p. 159)

The said Board of Special Police, later dubbed the Ducking Police, protected waterfowl on the Susquehanna Flats and on the waters of the Chesapeake Bay north of the Turkey Point lighthouse. (North, also, of a vaguely defined point 1/2 mile north of Spesutia Island.)

Maryland placed a notable statutory check on members of the Ducking Police—each appointee was required to register a bond with the clerk of their respective Circuit Court. The Ducking Police swore to be faithful to their duties, under threat of a $1000 penalty. (This penalty would run somewhere in the range of $30,000 worth of purchasing power, in today’s economy.) The statute required appointees to provide proof, to the clerks of their Court, that they could pay such a penalty (Maryland General Assembly, 1880, p. 160). Written as a rein on corruption, the most immediate effect of this requirement was to limit the recruitment pool to hunters wealthy enough, already, to post such a bond.

In payment for their faithful service, members of the Ducking Police shared an end-of-the-year jackpot made up of license fees collected from residents registering to hunt in Cecil and Harford counties, including boat licensing fees, and of fines collected from prosecutions.

Photo from the Mallard archive, 2025. Shown here, a female Mallard perches on the stone border of our small backyard dragonfly pond. Her eleven ducklings have climbed out of the water behind her. Most of the ducklings are searching for a resting spot on the rocks, while some have already settled in and are grooming their down in preparation for an after-swim nap.
What are the chances that Mallards were a species of emphasis, for the Ducking Police? Logic argues they must have been, given their prominence in North American waterfowl hunting, but numerous other species were and are common on the Susquehanna flats.

In 1880, the fledgling Ducking Police had a single assignment: arrest anyone caught with ducks in their possession during the close season (April 1–October 31). Being caught with a duck during close season was “prima facie” evidence of a violation (Maryland General Assembly, 1880, p. 160). Courts were given wide discretion regarding fines, which could range anywhere between $5 and $100, and the collected fines went straight into the Ducking Police jackpot.

What are the chances that this system was immune to corruption?

The jackpot grew sweeter over time. By 1888, fines of $50–100 could be imposed for hunting at night, hunting during close season (April 1–October 31), shooting from a boat within 1/4 mile of shore, using a “big gun” (one that couldn’t be fired from the shoulder), or hunting from an unlicensed sneak boat or sink box (these $50–100 fines for unlicensed watercraft functioned as instant kickbacks, and collected fines were immediately distributed: 1/2 to the arresting officer and 1/2 to the attesting informers) (Maryland General Assembly, 1888, pp. 1382–1384).

Even bigger bonuses came with catching harvest thieves, who were subject to confiscation of their hunting equipment. Pick up some other hunter’s bird, lose your boat and guns and ammo to the Ducking Police. All proceeds from the sale of confiscated equipment went to the arresting officer. (Maryland General Assembly, 1888, pp. 1382–1384)

By 1916, fines had grown to $100–500, and new revenue streams came from regulations around engine exhausts and noise. Confiscations increased, as well, with property seizure rolled into almost every arrest. Proceeds from sales of confiscated equipment were divided between the informers and the arresting officers, though 1/2 of the proceeds from a small subset of these sales went into the county school funds. (Maryland General Assembly, 1916, pp. 1525–1536)

Sepia-toned photograph of a toddler in a delicately stitched white dress, standing next to an alert, mid-sized dog. The toddler's short hair is combed to one side, and their white-stockinged feet are clad in very fluffy white-furred shoes. A thick-woven rug or tapestry is draped over a support, which the toddler is leaning against, and runs across the floor. The dog is lying down, head up and looking at the camera. The dog has button ears and short-ish legs, a thick medium-length coat, and enough gray around the muzzle to suggest aging. I would guess the dog's lineage to be a terrier-type mixed with a herding-type.
One of the few children in the family archive with a name: Steele Hamilton. I don’t know how or why this child, with such furry shoes and such an appealing dog, landed in the family archive. I hope those shoes and that good dog indicate a happy childhood and well-funded schools.

Maryland’s 1916 legislations coincided with an era of federal takeover, as far as migratory waterfowl were concerned. While this federal intervention may have had little or no bearing on changes within the Board of Ducking Police, there’s notable timeline overlap. By 1920, the federal takeover was all-but complete, and by 1927 the Ducking Police jackpot had dwindled to a fixed stipend of $400 per hunting season (Maryland General Assembly, 1927, p. 612).

Finally, in 1941, Maryland dissolved the Board of Ducking Police (Maryland General Assembly, 1941, p. 326).

No more game informants

I can’t pinpoint an accurate timeframe for the end of regulatory informant-policing of game. Nonetheless, the practice did end. At least, statutorily.

But the eventual demise of informant-policing (of game) in the US is a mixed-bag sort of win:

“It was never a success in this country, most men preferring to see the laws violated rather than appear as prosecuting witnesses against their fellow-citizens. Aside from sentiment, such a course was often hazardous to the property and even the life of an informer” (Williams, 1907, p. 75).

So informing was both ethically objectionable and potentially hazardous.

I wanted to spend at least one paragraph unpacking my thoughts, here, but each attempt circled and contradicted and wheezed off into a muddy muddle. Which is a fairly accurate depiction of my self-growth process. I circle and contradict and wheeze around in the mud for unpredictable periods of time, searching for clarity. Sometimes I write poems in the mud. (Poetry is a blurry lens, anyway.) Given the depth of the mud, in this particular pond, I’ll be here a while.

Dabbling.

Photograph of a pair of Mallards on a wind-rumpled pond. The female Mallard is almost fully upright in the water, stretching her wings, while the male Mallard is partly submerged, captured as he surfaced from a down-turned bit of dabbling.
Mallards are dabblers, not divers. They muddle about in shallow waters, foraging in sediments without ever committing to a fully submerged dive for food. The distinction is literal, among ducks, and conveniently metaphorical for poets and writers.

In the meantime, I’ll circle back to the 1880s. Where court cases document the final years of the meat-and-feathers markets.

Driving the markets underground: One toe over the (commerce) line

The subtext of game legislations, in the mid- and late-1800s, was the ongoing power struggle between market hunters and sport hunters. (See the previous post, Part VI, for an overview of the market vs. sport dynamic.) From the start, sport hunters held a decisive advantage—access to legislative power.

Sepia-toned studio photograph of a man and woman, photographed in Nashville, TN, probably during the decades around 1900. The man is seated on something resembling a church pew, and the woman is standing behind him. Both have stern, unsmiling expressions. Both appear to be middle-aged: the man's thick eyebrows are fading to gray and the woman's face is slightly lined. The man is wearing a dark suit over a white shirt, with a prominently visible pocket watch chain. The woman is wearing a mid-toned full-length dress with velvet-appearing cuffs and buttons. She has a shiny neckpiece that covers her entire neck, chin to collar, as well as a tall, heavy-seeming hat that matches the velvet-type trim on her dress. The belt of her dress is cinched tight, suggesting a corset underneath. The  background/backdrop is a mixture of wood with carved, inset panels and a woven tapestry-type curtain.
This stern duo, photographed in Nashville, TN, live in an ambiguous place in the family archive. I don’t know who they are, or how they were connected to my ancestors, or even the exact branch of ancestry. All I know is that they look intimidating. I expect they had access to the levers of power.

Often men of wealth and leisure, sport hunters in and around state legislatures lobbied for game regulations that hindered market hunters. Folding their arguments into early frameworks for wildlife conservation, sport hunters pointed to rapid species declines that were evident across the North American continent.

Rapid declines in game species affected market hunters, too, forcing them farther and farther afield to practice their profession. Farther, in this case, meant across state lines. Which meant interstate commerce. Which proved to be the decisive legislative lever.

These quail aren’t in Kansas anymore: Chicago, 1880

On January 14, 1880, a Chicago merchant named James Magner purchased a box of quail (144 birds) from a seller on South Water Street. Magner ran a game market at 76 Adams Street and had at least two more boxes of quail already in stock, including birds imported from Kansas in December and purchased direct (in Leavenworth, Kansas) on January 10th.

On January 15th, Magner sold at least one unopened box (144 birds) and somewhere between 60 and 100 birds out of his opened-box stock. (I had trouble following the totals, because math, but the totals weren’t the crime. The date was the crime.)

After a court in Cook County convicted Magner of close-season quail possession, he appealed to the circuit court. And, after the circuit court upheld the conviction, Magner appealed to the Illinois State Supreme Court, which is where the record is most visible today: James Magner v. The People of the State of Illinois. Filed at Ottawa February 3, 1881.

Illinois’s updated game statutes (1879) set a January 1–October 1 close season for quail and grouse. Close season for hunting; close season for buying and selling. In other words, in 1879, Illinois shut down quail markets—from January to October, no one could buy or sell quail in Illinois. No one could have quail in their possession.

Magner and other game merchants would have felt the financial sting, set to lose about $200,000 per year if the game market closed altogether (p. 326). (Keeping up my habit of translating these numbers into today’s money, that’s more than $6 million ($6M) in 2026 purchasing power.)

Magner’s state-level appeal, destined for failure, rested on two arguments:

  1. “It seems absurd to hold that the inhibition against the purchase and sale of game imported from the State of New York or Kansas is a protection to the game of this State” (Magner v. The People, 1881, p. 326), and
  2. the act “…is in violation of that provision of the constitution of the United States which confers upon Congress the power to regulate commerce among the several States” (Magner v. The People, 1881, p. 327).

In ruling for the State, the court countered Magner’s first argument with prevention logic: “…we think it obvious that the prohibition of all possession and sales of such wild fowls or birds during the prohibited seasons would tend to their protection, in excluding the opportunity for the evasion of such law by clandestinely taking them, when secretly killed or captured here, beyond the State and afterwards bringing them into the State for sale, or by other subterfuges and evasions” (Magner v. The People, 1881, p. 331).

The court’s counter for Magner’s interstate commerce argument followed a complex legal thread anchored in England. The thread starts with a reference to Sir William Blackstone’s Commentaries on the Laws of England and winds through precedents in Massachusetts, Indiana, New York, and Vermont, to establish a foundation of State ownership of game (pp. 333–334):

“Stated in other language, to hunt and kill game, is a boon or privilege granted, either expressly or impliedly, by the sovereign authority—not a right inhering in each individual; and, consequently, nothing is taken away from the individual when he is denied the privilege, at stated seasons, of hunting and killing game. It is, perhaps, accurate to say that the ownership of the sovereign authority is in trust for all the people of the State, and hence, by implication, it is the duty of the legislature to enact such laws as will best preserve the subject of the trust and secure its beneficial use, in the future, to the people of the State. But in any view, the question of individual enjoyment is one of public policy, and not of private right” (p. 334).

From there the court’s thready argument knots tight on Welton v. State of Missouri, an 1876 U.S. Supreme Court case about license taxes for vendors in Missouri, which noted, “The fact that Congress has not seen fit to prescribe any specific rules to govern inter-State commerce does not affect the question. Its inaction on this subject, when considered with reference to its legislation with respect to foreign commerce, is equivalent to a declaration that inter-State commerce shall be free and untrammelled” (p. 282). In other words, the federal government might have constitutional authority over interstate commerce, but, since Congress had never acted on that authority, the default status of non-regulated interstate commerce applied.

The thread spools on, turning new knots at case law involving steamboats, fuel mixtures, and suppression of liquor markets. Hitched, at last, to this handful of unstable rulings, the opinion in Magner v. The People states, “There can not be a constitutional right to transport property which can not legally be brought into existence” (p. 336).

Mic drop? No such thing, in legal literature…

The smoldering net (these quail were most likely netted, so there aren’t any smoking guns) was stashed in Kansas law. Magner’s quail weren’t legally harvested, in the first place. As products of illegal hunting, they never fit the definition of “commerce”. They were illegal goods in Kansas, shipped and transported illegally into Illinois.

After citing all that case law, the entire thread of logic was irrelevant. None of the stickier arguments around commerce even applied, because the birds weren’t commerce.

What they actually were, if they weren’t commerce, isn’t specified. This becomes important in later case law, though, for the case at hand, the important point was settled. The quail weren’t commerce, the interstate commerce clause wasn’t relevant, and Magner needed to pay his fines.

Chicago’s game markets had been put on notice. So had all of the other game markets, in all of the other states.

Photograph from spring, 2025, of a female Mallard with her brood of days-old ducklings. Here, the female is standing on the stone border of our dragonfly pond, preening her feathers. Five of her ducklings are visible in this photo, four gathered on the stones in front of her, getting ready to sleep, and one hunkered close to her, also ready to sleep.
These Mallards, photographed in 2025, know nothing of game hunters and game markets. Even so, that doesn’t equate to safety. The hours they spent in our little dragonfly pond were likely the safest hours of their lives.

To be continued…

The next post (or two or three) will get deeper into the final era of game markets, complete with game smugglers. Also, federal interventions and the beginnings of the North American model of wildlife conservation.


Notes

1. In quoting this act, I edited for readability. If you follow the link to the online copy of the text, you’ll find an elaborate collage of fonts and special characters. I tried, initially, a more faithful reproduction, but it made my eyes ache. Here’s an example:

WHEREAS the Penalties already provided in and by an Act paſs’d in the Tenth Year of the Reign of King WILLIAM the Third, entitled, An Act for the better Preſervation and Increaſe of Deer within this Proviǹce, have proved ineffectual to anſwer the good Ends in ſaid Act propoſed…”.

My eyes, not to mention my OCD brain, doth protest.

Mostly italics, salted with capitals, peppered with the archaic long s (that’s the one that looks like an f: “ſ”), and spiced with an un-reproducible (with my limited tech skills) c–t ligature—it’s just too much.

Even so, I felt a twinge of regret, reducing the recipe to blog blandness. And a tiny urge to write a time-travel story about an 18th century typesetter who finds fame, in 2025, as a font programmer. Because my OCD, which was part of my reason for editing in the first place, is still fuming that I couldn’t find a way to include that dratted c–t ligature in this footnote. (Click here to return to your regularly scheduled paragraph.)

2. Acceptable proof of guilt included being caught with deer, with meat from deer, or with fresh hides. For offenders who off-loaded carcasses and hides before getting caught, testimony from two credible witnesses regarding two separate events within the last two months would suffice. All of these pairings, in this statute, make my OCD itch—two informants per town or settlement, two witnesses testifying to two infractions over a two month period…it’s at least two twos too many. (Click here to return to your regularly scheduled paragraph.)

3. Robin Hood tropes breach the barriers between history and fiction. Between the reference section and the fantasy shelves. That’s part of why I indulge in this kind of aside. When these entities come into conversation with each other, the result is often chaos. But sometimes, every so often, radiant patterns emerge. A signal in the blog noise that makes writing and reading blogs worthwhile. (Click here to return to your regularly scheduled paragraph.)

4. My personal definition of power, of privilege, is the ability to live in predictably benign surroundings. To wake, most mornings, expecting another ordinary day. Another ordinary meal. Another set of ordinary tasks. Living in predictably benign surroundings equates to impact resistance. To rotational inertia. To a daily expectation that the world will spin on, benignly. Even under stress conditions, the world spins on. Benignly. The force required to perturb the system into non-benign behavior is roughly proportional to the power and privilege at hand. (Click here to return to your regularly scheduled paragraph.)

5. My excavations in the various state literatures reveal a tempting timeline pattern. During this period of time, game legislations spread in rates reminiscent of epidemiology. Almost as if certain pieces of legislation, such as outlawing punt guns or requiring non-resident hunters to pay for licenses, were a kind of contagion. This epidemic characteristic of legislations in the unsettled era of pre- and post-civil war times has likely been noted and thoroughly explored by scholars of law. (?) Or maybe my education gave me an epidemiology hammer, so every nuance I observe takes the shape of a nail. (Click here to return to your regularly scheduled paragraph.)

6. I want to acknowledge a glaring omission in my Mallard timeline—the entirety of the US Civil War. The Mallard story passes through the Civil War, of course, but I am not the right person to tell that part of history. I am not equipped to avoid all of the pitfalls and wrong turns in the Confederate branches of the Mallard mine. To be a reliable narrator surrounded by unreliable texts. Instead, I’m taking a coward’s deliberate leap over those years. Even so, lingering divisions between northern and southern states rise up throughout the legislative literatures of post-Civil War years. Such as in the excerpt that prompted this footnote. I’m including some of the indicators of ongoing division, in this series, in case some better-suited writer should wish to pick up those threads and go where I dared not. (Click here to return to your regularly scheduled paragraph.)

7. My aversion to such incentives was not shared by the US Department of Agriculture’s Biological Survey. At least, not in 1907. Thus the following: “In 1858 the example of Maine was followed in New Hampshire by the passage of a law authorizing the selectmen or municipal authorities to appoint fish wardens. The compensation of these officers consisted of one-half of the fines resulting from prosecutions instituted by them, an incentive to vigilance still employed in many states” (Williams, p. 12).

That said, the writer later criticized states that paid officers’ solely through incentives: “The meager compensation resulting from the percentage of fines secured sometimes allowed deputy wardens is hardly sufficient to enlist the services of active men…” (Williams, p. 26).

And even later: “In the early history of the movement for game protection the only provision considered feasible for payment of officers charged with the duty of enforcing game laws was an allowance of whole or part of the fines. A system maintained on such an unsatisfactory and unstable basis, however, accomplished almost nothing, and the advocates of better protection set about to devise a more satisfactory means” (Williams, p. 24). (Click here to return to your regularly scheduled paragraph.)

Bonus Earworm: If you are of a certain generation, you already have a song stuck in your head after reading the final section of this post. If you are younger and haven’t encountered this particular earworm, here’s the YouTube link for Brewer & Shipley’s “One Toke Over the Line”.


References

Beagle, P. S. (1968). The last unicorn. Ballantine Books, Inc.

California Legislature (1852). The Statutes of California, passed at the third session of the Legislature, begun on the fifth day of January, 1852, and ended on the fourth day of May, 1852, at the cities of Vallejo and Sacramento. G. K. Fitch & Co., and V. E. Geiger & Co., State Printers. https://babel.hathitrust.org/cgi/pt?id=uc1.b4159816&seq=143&q1=mallard

General Assembly of Virginia (1841). Acts of the General Assembly of Virginia passed at the session commencing 1st December 1840, and ending 22d March 1841, in the sixty-fifth year of the Commonwealth. Samuel Shepherd, Printer to the Commonwealth. https://babel.hathitrust.org/cgi/pt?id=osu.32437123258960&seq=92&q1=fowl

Magner v. The People, 97 Ill. 320 (1881). https://www.courtlistener.com/opinion/7057357/magner-v-people/pdf/

Maryland General Assembly (1880). Laws of the state of Maryland made and passed at a session of the General Assembly begun and held at the city of Annapolis on the seventh day of January, 1880, and ended on the sixth day of April, 1880. Wm. T. Inglehart & Co., State Printers. https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000395/html/am395–1.html

Maryland General Assembly (1888). The Maryland Code, Public and local laws: Volume 1. King Bros., Printers and Publishers. https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000390/html/am390p–1.html

Maryland General Assembly (1916). Laws of the state of Maryland made and passed at the session of the General Assembly made and held at the city of Annapolis of the fifth day of January, 1916, and ended on the third day of April, 1916. King Bros., State Printers. https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000534/html/am534–1.html

Maryland General Assembly (1927). Laws of the state of Maryland made and passed at the session of the General Assembly made and held at the city of Annapolis on the fifth day of January and ending on the fourth day of April, 1927. King Bros., Inc., State Printers https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000569/html/am569–1.html

Maryland General Assembly (1941). Laws of the state of Maryland made and passed at the session of the General Assembly begun and held at the city of Annapolis on the first day of January, 1941, and ending on the thirty-first day of March, 1941. King Bros., Inc., State Printers https://msa.maryland.gov/megafile/msa/speccol/sc2900/sc2908/000001/000582/html/am582–1.html

Massachusetts General Court (1739). Acts and laws passed by the Great and General Court of Assembly of His Majesty’s province of the Massachussetts-Bay in New-England, begun and held at Boston, upon Wednesday the thirtieth day of May, 1739. John Draper, Printer to His Excellency the Governour and Council. https://archive.org/details/bim_eighteenth-century_acts-and-laws-passed-by-_massachusetts_1739_0/page/n1/mode/2up?q=deer

McKinley, R. (1988). The outlaws of Sherwood. [Kindle version]. Open Road Integrated Media. https://www.amazon.com/Outlaws-Sherwood-Robin-McKinley-ebook/dp/B00OGWASB4/ref=tmm_kin_swatch_0

Welton v. The State of Missouri, 91 U.S. 275 (1876). https://www.govinfo.gov/content/pkg/USREPORTS-91/pdf/USREPORTS-91-275.pdf

Williams, R. W. (1907). Game commissioners and wardens: Their appointment, powers, and duties. Government Printing Office. https://babel.hathitrust.org/cgi/pt?id=ufl1.ark:/13960/t43r22q5t&seq=15