Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-10-03
AiOTHER PARK.
THE GOVERNMENT WILL PRESERVE
THE TULARE BIG TREES.
Secretary Noble Writes to Governor
" aterman Concerning the New
National Park.

A couple of weeks ago Governor Water
man received letter from Secretary of the
Interior John W. Noble, relating to large
tract of land in Tulare county, which has
has been set apart by the Government as a
public park. Since the Secretary's letter
was written to the Governor, President
Harrison has signed the bill. The letter
from Secretary Noble is as follows:
His ErceHeney The Governor of California, Sacra-
nlentO, Cdiit0rnid-MY DEAR SIR: You are aware of
the passage of the Act to set apart certain tract
and now about to be approved by the President
1t is made the duty of the Secretary of the In
terror thereby as soon as practicable to make
and publish such rules and regulations as he
may deem necessary for the care and manage
ment of the park, including the preservation
from injury of all timber, mineral deposits,
natural curlosities, or wonders within said
park, and their retention in their natural condi-
ton; also to provide against the wanton de-
strUction of fish and game found in the park
and against their cap ure or destruction for the
purpose OF merchandise or profit; and to cause
all persons trespass11g up n the same after the
passage of this Act to be removed therefrom:
also to take such measures as shall be necessary
or proper to fully carry out the objects and pur-
poses of the Act.
l will thank you for any suggestions Won can
offer me on this subject 10 enable me to fully
perform the duty assigned me, knowing your
interest in the matter and your thorough ac-
quaintance with the necessities of the case.
shalt without delay, after the Act is approved.
issue and publish notice, announcing the Act
and warning all persons to desist from any tres
pass upon the park in the particulars men
toned SO that the timber way be preserved
from the earliest date possible,
ou.will perceive that | am not given an ap.
preparation to carry into effect the law, and
that the only source of future profit win be
frft, taa zaAS of
derived from the management of the park
This renders the task of protection somewhat
difficult, but perhaps you may suggest some as
sistance in this quarter l Will thank you for
an early reply. JOHN W. NOBLE,
Secretary of the Interior
THE GOVERNORS REPLY.
In reply Governor Waterman has I'D.
dressed the following letter to Mr.. Noble:
John ". Noble Esq, Secretary of The Interior,
Washington, ID. C.-DEAR SIR: l now take the
opportunity of replying in full to your esteemed
favor of the 18th instant. The greatest difficulty
which has beset the management of reserva-
tons designed for public recreation ground has
been the extinguishment of private rights
There is no doubt that the tract of land set
apart as public park, referred to in your let
ter, will be found to be covered with timber
claims, homestead and pre-emption claims
other private rights, and that the ext.ng1sh-
ment OF these rights will be an exceedingly ex-
pensive affair. This expense should be borne
by the Government Of the United States Not
having seen the bill it is impossible for me TO
tell whether this is an act of cessiOn to the
State of California, or whether it is q reser-
walton by the Government of the United
States, the title to be retained in said
Government. If it is an act of cession
to the State of California, then the State can
easily furnish the necessary means of presery.
ing the forests, streams and natural scenery
from injury or depreciation. If it is a reserya-
ton made by the Government for park purposes
there is q sense in which California gets the
benefit of it, and the State will extend to it all
the necessary protection in the way of legisla-
ton. The first step to be taken is to secure the
absolute possession of the land. 1t should
therefore be passed to the control of the General
Land Office at Washington, with instructions to
ester or guardian. The United States District
Attorney for the southern District of California
should be notified of all trespass, and trespass-
ers should be punished uncer the laws protect
ing public domain. These are adequate for the
protection of the forests and streams in the res
ervation. l observe that you say YOU are
not given the appropriation to carry
Inc law referred to IN your letter into effect.
That may be; but if you will permit me to say,
there is no difference between this piece of
ground under its new state and any other part
of the public domain, except that the operation
of the homestead and pre-emp ion laws aud
other laws by which the Government of the
United States alienates its title to the public do
main is permanently suspended; that if the
PARK or reservation is placed in the charge OF
the Land Commissioner he will have the same
authority TO protect 1t from depreciation that he
has generally to protect the public domain of
the United States from depreciation or destruc-
ton; and that thus there is available for the
preservation OF this reservation the moneys ap-
proprlated for the maintenance of public justice
and for the protection of the public domain.
In other words, the General Land Office and the
Courts of the United States have a perfect right
to call upon them to do so. You also say that
the only source of future profit Will be from the
proceeds of the leases or other revenues derived
from the management of the park"
In my Judgment, the first thing that should
be done in this matter is to forbid forever the
construction of even the smallest cabin upon
this reservation by private individuals, or the
construction of a trail or road. Whatever is
constructed there should be done by the public
at the public expense. 1t is by far the cheap
est way. II has cost the State of California up
wards OF 100000 to extinguish the private
rights in Yosemite valley All the absolute
rights acquired were but as shadow in CON-
parison to the amount received. To prevent
the imitation and organization of private right
should be the very first care OF the Government
If, however, the Government intends to obtain
revenues from leases, etc., 1t intends at once to
Inaugurate system of construction of trails,
buildings, etc., and that means the Inaugural
ton OF great multitude OF private rights,
which will cost $40 to extinguish them for
every dollar spent by the claimants for who
ever has built a shake cabin anywhere in the
Yosemite valley has subsequently come in for
from S400 to 81 900 indemnity. Whoever has built
trail, no matter whether authorized to do SO
or not, has sooner or later made claim against
the State for indemnity