The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-01-20
Immediate Legislation is Needed to
Protect the Park from In
jury and Trespass
The Boundaries Should be Known
and the Game Must be
Preserved.
II is susrested thAt n Military rost be r..
tabiished In tho Park With Per-
manent Accommodations

A special TO the New York Sun from
Washington says; About 1000 people now
visit the Yellowstone National park each
season, md the number steadily increases.
The Importance of preserving this wonder
full pleasure ground from spoliatipn is uni
versally admitted; but in ono way or another
the recent efforts made in congress for this
purpose have been thwarted. The Vest bill.
which provides suitable jurisdiction for the
park. with penalties for breaking the regu
lations. and which becomes Of additional
by accurately defining its
has passed the senate no fewer
than three timeo, and last winter unani-
mously. But in the house the project is
usually saddled with provision for running
a railroad through the park, nnd this de-
fests il. The interior department has for
years opposed the railroad scheme. and
when IL was brought up MS distinct meas
ure il was overwhelming ly defeated even in
the house. Nevertheless. by continually OBJ
tanning the consent Of the committee to re-
port tho provision for railroad rs a part
OF the general protection measure, the latter
is postponed or defeated.
Last year. however, the Vest bill, having
been passed by the senate, was also carried
through the house in nearly the same form;
but the session was then closing, and il
failed. after all. 10 become n law. Now il
is hoped that earlier attention will he given
to the matter. The act Vt March ], 1872.
put the park under the exclusive control Of
the secretary of the interior, and required
him 10 make md publish regulations for
lite care and management, and particularly
for preserving all timber, mineral deposits
and natural curioslties in their original
condition. He was further directed TO re-
move trespassers and 10 protect the fish
and gHmo from destruction. But
while this Law is still in force. and
forms sections 2iH and 2475 Of the
Revised Statutes, no money WAS appropri-
ated for carrying out its provisions,
and no legislati, n has been enacted pre-.
seribing jurisdiction and penalties. Five
successive annual reports Uf the interior de-
partment have called attention TO these
lacks. A superintendent was. indeed. OPP
poiLt d for the park, and appropriations
were made for his salary up to the year 1856,
when that provision WAS omitted. For that
AAttiilGs AbNNNtAf Nuclt Nbo EUtN lttHbl
in the f,ct that three yeafa earlier congress
had directed the secretary Of WIZ 10 detail
troops 10 prevent the infringement of the
park regulations. upon request OF the inter
ior department. Accordingly, whcl, III
1856. the salary of the superintendent WIS
dropped, call for military protection was
at once made, and troop OF the First cav.
airy. under Capt. Harris. reached Mammoth
Hot springs on Aug. II If that year. Ever
since then the reservation has bean policei
by cavalry, Capt. Boltelle. with his ir lops.
relieving Capt. Harris on the lst of June,
1899.
II must be admitted that this substitu-
tion Of military for civil superintendent
with troops TO sc ut through the park has
been great improvement. Secretary Villas
reported that the management of Capt.
Harris had been excellent within the linn
itation Of means within his command. and
his zeal and attention appear 10 have sup
piled in large degree the lack Of proper leg
isiative measures for ats protection" Sec
retary Noble also reports that Capt. Harris
performed his duties with great activity
and efficiency" One Of the regulations is
that hunting, capturing, inivring, or kill
ing any bird or animal within the Park is
prohibited. The outfits OF persons found
Lunting or IL possession Of game killed in
the park Will be subject 10 seizure and con
fiscatiUn.' Accordingly Capt. Harris
seized the outfits of certain trespassc q, in
clnding their animals and their hunting,
camping and trapping material. But upon
reporting his action an opinion WIS gwen
10 the interior department by it's legal ad-
wiser that tina property could not legally be
contiscated and sold, and Capt. Boutelle
WAS therefore directed 10 return the cap
tured property TO the owners, on condition
that tdey should take il out Of the park and
keep II out.
Here, then. is case in which the lack Of
snltable laws is made clear. while the slight
risk run by deli, crate yiolators of the rules
IL also apparent. And the injury 10 the fish
and game of the park and the deiacemeut
Of its natural features are not alone TO be
considered. Ia the Inst report Of Secretary
Villas this further suggestion was mnde:
IL is at present doubtful whether there
be any judicial tribunal whose jurisdiction
extends over this reservation, and the peril
Of this condition demands carly action
from congress. A robbery OF the passen-
gers Of stage coach occurred within its
limits during the pnst year. and the crimi-
mails we're arrested aud turned over 10 the
authorities of Montana, but the jurisdiction
W punish the offeuses committed there up
peared ~ doubtful that the district aitor.
ney accepted plea " guilty 0f larceny.
End the parties escaped with the inilictiOn
of the punishment of that offense only,
although the much higher penalty for high
way robbery was the true measure OF guilt.
II 10 evident, therefore, why prompt legis-
lHtion on the part OF congress il needed.
One danger which is said 10 be great and
increasing IL that from forest fires; and the
present military superintendent, Capt.
Boutelle, recommends un appropriation 10
clean up the underbrush and fallen timber
along the lines Of travel, 10 us TO decrease
that danger. The saIne officer suggests that
= military post should be established there.
provided with permanent accommodations
for the officers and men and their horses.
Even should the civil superintendent be re-
stored. houss might be provided for him,
although. 20 be sure, there are hotel accom-
modstions. Capt. Harris estimates that
under civil superintendence there would
DO need of forty four EMPLOYEES,
whose wages and equipments would
amour, 20 SIs,slO annually. SO that
congress is likely 20 continue tho ser
vices Of the troops. Bot in any case, a.
hiss been seen, II becomes necessary 10 leg.
islate for civil jurisdiction nnd d code Of
penalties. Tho feature In the Vest bill for
accurately marking tho boundaries OF the
pnrk is also desirable for two reasons. One
ls that, AS Captain Boutelle declares,
bcuelnee are on loot looking 10 cutti,ig On
a portion OF the northeastern corner of
the park. II the preservation of the geme
Of the park is wortay u consideration.
this should be strongly opposed, as some OF
the principal winter ranges OF elk and
buffalo are IA the part proposed 10 be cut
a." Another reason for not only defining
hut locally marking the bounds OF the park
u that persona may not encroach upon II
through ignorance, pursuing their hunting
and bshIng without suspecting that they
hAve reached the forbidden ground. This
xill be more desirable when the code Of
t,ennitiea ia mt i'm forca