Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-07-29
1HR KAwEAH COLONY.
At 6squoi2 PArk-Disputsd Rtshss Of
Posssssiou Under Acts Of CongSesa

cperstive Society. which is established
within the Beg Tree reservation Of Cali
i. l0rnia recently set apart by Congress. ard
il there sttiving to live up to Mr.. Edward
BellAmy's theories, resolussly refuses to
move ont at the command Of Capt. Dorst,
. Who. with Troop K, Fourth Cavalry, las
| charge Of the new Park. What 10 more.
the eolonists are continuing to cut timber
from the ieseYvsiion for the Axfe,l sawmili.
established there AID il appears that The
general land commissioner, from whose
eflice the colonists derived their authority
to settle on the lands, holds that their
vests rights were not disturbed by the
scss Of Congress creating Ssqaoia Park.
The acts in question were approved on
the 25th OF Septs mbsr and the lot Of
October. They set apart . tract OF land,
comprising large part Of the Big Tree
groves Of Tulsrs county as public park
or pleasure ground for the benefit and en-
j,yment Of the people. and all persons Who
shall locate or settle upon or occupy the
same, or any part thereof, except - here
after provided. shall be considered tres
psssers and removed therefrom." The
subsequent provision thus alluded to
begins BY declaring that the secretary Of
the interior 10 TO have the exclusive
control Of the new park, and to
make such rules IS he may deem
necesfary for its management These
regulations "shsll provide for the pfeserya-
ton from injury of all timber. mineral de-
posits, natural cutiosit es Of wonders within
said park, and their retention in their
nat1fal condition The secretary may,
however, grant leases Of parcels Of ground
for the erection Of buildings designed for
the acce modstion Of visitors, but "shall
cause oil persons trespassing upon the same
after the passing Of this act to be removed
theiefrom, and generally thAll be author
lied to take all such measures ss shall be
necessary or proper TO fully carry ont the
objects and purposes Of this act F" On,
turnipg to the presmbles We And these oh
jects expressed in the declaration that ''the
rapid d. s.ruction of timber ard ornamental
trees in VARIOUS parts Of the United States,
some of which trees are the wonders Of the
world on account of their size and the
limited humber growing, makes it mst.er
Of Importance that at least come OF said
forests should be preserved"
Ii you'd seem clear from the clauses
thus cited that the interior department is
empowered to prevent the cutting down OF
The giant redwoods Of the park by the in-
dustrious disciples Of Bellamy IS food for
their sawm'll. On what ground, then,
does the general land commissioner defend
their course? If We ex mine more closely
the text of the act of Oct. l, 1880, we shsll
find in it q provision that nothing therein
thall be construed as affecting the grant of
the Yosemite Valley made to Californis in
1864. scr as affecting any bona fde entry
OF land made within the limits above de-
scribed under any Law of the Uoited State
prior to the approval Of this act" IT is
true that the ''linlits above described" refer
to ,ract in another part Of California
around the Yosemite Valley, which hss
been set apart as a national park. But in
a subsequent section Of this act portion of
land 10 added to the Sequoia Park estab-
lished by the bill Of September 25 This
earlier bill made no exception in
favor Of existing settlers under bona fde
entries, but the added portion in the bill Of
Oct. was described as being "set apart as
reserved forest lands, as hereinbefore pro-
vided, and subject to all the limitations and
provisions herein contained" These pro-
visions, 90 we have Just seen, exempt exist
ing bona fde settlers from their operation.
and therefore, il the lands Of the Kswesh
CClDuN III uut ihhu uiohlSt nav III
cuds d in the portion added by the act of
Oct. l, 1890, they would seem to be thus
exempt. Possibly, also, the general land
office may hold that in any case the park
statutes cannot have the effect Of die
possessing government land patentees. At
sli events, il is easy to understand the dif-
ference Of opinion said to exist between
Secretary Noble and Land Commissioner
Carter.
The practical method Of settling The
question should apparently be to determine
frs. BY the opinion Of competent experts
whether the continued occupation Of the
Kswea,h colony, with its prospective
gro sih, will substantially injure the objects
sought by setting spart the park. Ii so,
their removal should be accomplished; and
il the language Of the two acts Of Congress
already referred to leaves t1e authority TO
do - doubtful, the government can rely on
its right Of eminent domain, rs in taking
lsud for other public uses, OF course, the
Ks~eah colony should in that case be fully
and literally compensated for expul.
sion 1t is said that they hold about
25, 600 acres, and have about 700
members of whom nearly one-third
are sctusl residents. According to
their friends they are preserving the larg
est trees; but other people iicinding a
sps G al agent of the general land oitice, de-
clare that they threaten many hundreds OF
giant seguoias. They have been several
years at their work and il. as it is said,
they have laid out more than 800, 600 in
Improvements, largely in the construction
Of roads for reschlng this timber belt. 1t
would denote great self-denial in them to
refrain from attacking all the biggest and
most valuable trees.
As the matter stands, the Kaweah conony
is temporarily allowed to 60 on cutting tim
Der but that Arrangement can hardly last.
II the government finds that IL cannot con-
troll lands that it ought to have. and that
the park cannot be preserved with hundreds
Of settlers in it, recourse will be had to
Conarsss. 1t Is only to be regretted that
the Interior Department did not properly
investigate this matter long sgo.